Terms & Conditions.

 

Please read these terms and conditions carefully. We kindly ask you to make sure you book all accommodation with a credit card that has travel insurance on it, as weather events and personal emergencies pop up more than you'd think!

Hideout is designed to a very high standard, the tiny home is finished and furnished with costly materials and products. Please understand you're responsible for any damage or loss to the property and its contents from the date and time you check-in to the date and time you check-out.

When you make a booking, you accept on behalf of your party the terms of these booking conditions. It is your responsibility to ensure that all of the details on your confirmation documents are correct and to bring to our attention any errors or discrepancies within 48 hours of your booking.

This Booking Agreement (the Agreement) is between Hideout Cabins Pty Ltd ABN 48 641 194 809 (HC) for the holiday rental of the tiny home located at 268 Yarrawa Road, Moss Vale, 2577 (the Property) and the Guest(s) named in the Booking.

IT IS AGREED AS FOLLOWS:

1. ACCEPTANCE

This Agreement (the Agreement) and all other legal notices (accessible at www.hideoutcabins.com.au) and any schedules, annexures, attachments relating to this Agreement, provided with or separately forming part of this Agreement. By completing the Booking, the Guest will be deemed to have accepted this Agreement and acknowledges if they do not accept these terms and conditions, they must not proceed with the Services or payment for the Services.

2. BOOKINGS

2.1 Online Booking

By using our online booking system ‘Lodgify’, part of Codebay Solutions Limited, a company incorporated in England and Wales with company number 5903966, you agree to their terms and conditions accessible at www.lodgify.com. To make a Booking, you will be required to set up a user account. The person making the Booking will be the registered Guest. However, all Guests staying at the Property will be required to register upon check-in. You consent to providing your personal data and acknowledge that if you do not consent, we may not be able to provide some or all of the services. For more information regarding personal data, please refer to our Privacy Policy. You agree that all information you provide to us will be true, accurate, current and complete. You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and our Services.

2.2 Rates

Rates quoted are in Australian dollars and are subject to change at any time and depending on availability. Rates are inclusive of GST where applicable. Verbal quotes are estimates of price only and are subject to written advice on the booking confirmation. In rare cases, accommodation rates may be subject to increase after you have made payment; where this occurs, the Guest will be notified and may either pay the difference or receive a refund.

2.3 Check-Ins

Check-in is available from 1500 hours on the day of arrival. A welcome book will be emailed to you the day prior with all the details abut the cabin and directions to hideout. The latest check-out time is 1100 on the day of departure.

2.4 Length of Stay

There is a standard two night minimum stay for weekends (Friday night & Saturday night), one night minimum stay applys for Sunday through to Thursday. Minimum length of stay restrictions apply to certain rates.

2.5 Number of Guests

At no time during the Guest’s Booking shall the number of Guests staying exceed the number booked, unless prior approval is provided by HC. A maximum of two guests are permitted to stay in the cabin at any one time.

2.6 Children

(a) Children must be supervised at all times, especially around fencing, rivers, stairs, verandas, balconies and cleaning chemicals. HC is not responsible for any children staying at or visiting the Property.

2.7 Minors

HC does not accept bookings for any person under the age of 18 years.

3. PAYMENT

(a) The Guest will pay HC the Fees at the rate and in the manner specified in the Booking.

(b) The Guest agrees to pay 100% of the booking upfront and any applicable booking fee due at time of booking where the Guest has booked the Property.

(c) The Guest acknowledges the check-in details will not be provided unless the full payment has been paid.

(d) HC only accepts payment by Credit Card (Visa and Mastercard payments only).

(e) A credit card pre-authorisation will be held on all Bookings as a Security Bond for the Guest’s Booking. Valid credit card details will be held as Security Bond for the Booking. For more details on the Security Bond, please refer to clause 7.1.

4. CANCELLATIONS, RE-SCHEDULE & REFUNDS

(a) No cancellations are accepted on the day of arrival or after check-in. The Guest will be charged the total of the reserved stay under all circumstances.

(b) No refund will be paid for any reservations cancelled within 21 days of the arrival date. Cancellation and refund requests must be made via email to info@hideoutcabins.com.au. Where a refund is issued it will be made by direct deposit to a guest’s bank accounts.

(c) In the event that the guest changes the dates, it will be considered a new booking and will be subject to the standard cancellation procedures. Only one change is allowed per booking and any cancellation of that future booking will result in a forfeit of 100% of the booking amount. If, after receipt of the confirmation email, Hideout is unable to provide the client with the property that they booked, the client will be refunded 100% of the total booking amount.

(d) We will not offer refunds for guests who depart early. We reserve the right to cancel "no shows". All monies paid will be forfeited.

(e) Under no circumstances can HC be held responsible for weather conditions, nor can any holidays be cancelled other than in accordance with the cancellation policy. No holiday can be cancelled, altered or amended on the basis of weather conditions.

5. THE PROPERTY

5.1 Guest Obligations and Permitted Use

The Guest agrees:

(a) to be an occupant of the Property for the entire duration of the stay;

(b) not to sublet or allow unregistered Guests to stay at the Property;

(c) to comply with all applicable laws and regulations;

(d) to co-operate with HC and abide by these terms and conditions during their stay at the Property;

(e) not to use the Property for any purpose other than the Approved Purpose as set out in this Agreement;

(f) to close and lock doors and windows at check-out and when the Guest is not present at the Property to prevent theft of or damage to furnishings or the Guest’s personal Property and to contact HC immediately where they are not able to secure the Property;

(g) not to use the Property for any criminal activity, including online, and acknowledges HC will cooperate with any investigation of alleged criminal activity at the Property during or after the stay;

(h) smoking is not permitted inside the Tiny House and must be done responsibly down at the fire pit. Litter is not permitted on the land or in the dam, and the client must clean up all cigarette butts responsibly and safely. If it becomes clear that you have smoked or taken illegal substances in the Tiny House without express written permission we will charge you a $250+ any additional cleaning fee.

(i) not to use the Property for parties and gatherings without prior written permission;

(j) to not have pets on the Property;

(k) to abide by the Noise and Good Neighbour Policy highlighted in clause 6.

(l) to leave the Property in the same condition as found, returning all furniture and styling pieces to their original location; and

(m) not to nail, screw, staple or fix anything to any wall, door or other surface or part of the building.

5.2 Guest Facilities

(a) The Guest must contact management immediately with the 24 hour emergency contact number, in the event of an emergency.

(b) Free internet connection is available to all Guests. The connection of the internet during the Booking is not guaranteed and may be disrupted or unavailable without notice.

(c) It is the responsibility of the Guest to ensure that any third parties engaged to provide services at the Property, including but not limited to caterers, beauticians and massage therapists, are informed of these terms and conditions, and hold appropriate Public Liability insurances. HC accepts no liability for any third-party services, including those which may have been recommended or referred by HC.

(d) All personal Property left behind is the sole responsibility of the Guest who must either arrange payment for post or delivery or collect the item from the Property.

(e) The Guest acknowledges the Property may be visited by wildlife including, but not limited to horses, rodents, insects, cockroaches, kangaroos, wombats, snakes and spiders, and agrees HC is not responsible for the natural and surrounding habitat.

(f) HC does not accept liability or loss caused by failure of equipment and/or services out of our control, including, but not limited to, water, electricity, gas and internet. In the event of a failure, the Guest should notify our team in the first instance. Any problems that arise during the rental period that do not constitute an emergency as determined by management, will be remedied at any time during or after the rental period, at the sole discretion of the management.

(g) HC reserves the right to enter the Property at any time, without notice, to protect and/or undertake maintenance of the Property. HC will give notice to the Guest wherever possible.

5.3 Reviews and Social Media

(a) We encourage our Guests to tag @_hideout_ when posting during their stay at the property, and unless you expressly object, we may tag you in some of our posts on matters of interest or repost your images on our accounts.

(b) Where, upon request, you provide us with images of you or others, taken during your stay at the Property, unless you expressly object, you agree to release and hold us harmless for any liability in relation to the images which we may use for our marketing material or for promotional purposes.

(c) Guests agree testimonials we have received from other guests received by us are indicative of that guest’s experience at the Property and may not necessarily be typical. You recognise and agree these are not a guarantee of the experience you will have at the Property, though we do our best to ensure every Guest is satisfied.

(d) In the event you experience any issues or problems during your stay, you agree to give HC the opportunity to rectify the situation prior to leaving negative reviews that may be published in the public domain, and which may be damaging to our reputation.

(e) Guests agree that upon leaving a review they consider the regulations regarding false statements under the Competition and Consumer Act 2010 (NSW), and pursuant to the Defamation Act 2005 (NSW), which allows for anyone who has had damaging material published about them or which may cause injury to their business, to take legal action against authors.

6. NOISE AND GOOD NEIGHBOUR POLICY

6.1 Noise

You acknowledge that parties and gatherings are strictly prohibited at HC without prior permission from management, and that all noise shall be kept indoors after 10pm and prior to 8am. Excessive noise, music and any other form of disturbance to neighbours is prohibited at all times, and may result in an eviction without refund. Additionally, where HC staff, security guards or the police attends the Property to deal with noise complaints or excess Guests, or where a complaint has been received from the neighbours during or after your stay, you will be charged a fine in accordance with the Costs Schedule. Evidence of a party or function found after the Guests have checked out shall result in an additional charge.

6.2 Neighbours

A ‘good neighbour’ policy shall be enforced at HC. You acknowledge that HC will be treated with as much care as your own residence, and that it shall be left in the same condition as when you arrived. Behaviour exhibited by you and/or other Guests that is disrespectful of and disruptive to neighbours, traffic flow or the community, or which prompts complaints to the HC management from the police, local council or neighbours shall not be tolerated and may result in a fine or eviction.

7. COSTS AND DAMAGES

7.1 Security Bond

All Bookings will require a credit card pre-authorisation for a refundable Security Bond in the amount of $500. The bond will be retained until an inventory and inspection has been completed at check-out, with the cost of repair or replacement of property to be deducted from your Security Bond. The remainder shall be refunded to you within 6 days. You remain responsible for, and will be charged for any damage, or cost of repair or replacement in excess of the Security Bond.

7.2 Assessment and Repair

(a) The Guest acknowledges that breaching the obligations or any terms of this Agreement may result in fees as outlined in the Costs Schedule and/or any other associated consequences of the breach.

(b) All damages, breakages or losses to the Property, furniture and furnishing are to be reported immediately to management. To avoid being charged for any damage not caused by the Guest, such faults or breakages should be brought to HC’s attention immediately following check-in.

(c) Following a final inspection and assessment after check-out, the Guest agrees HC is permitted to deduct the fees from the Security Bond and to charge the Guest’s credit card for any fees over and above that amount, in accordance with the Costs Schedule and at HC’s sole discretion upon determination.

8. PRIVACY

We agree to comply with the Privacy Policy, the Privacy Act 1988 (Cth) and all other applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use, and disclosure of information about identifiable individuals (Personal Information) held by or on behalf of the Guest to the extent that they are legally obligated to comply with these laws. Please also refer to the privacy policy of our online booking system CODEBAY SOLUTIONS LIMITED (also referred as Lodgify) accessible at www.lodgify.com.

9. ASSUMPTION OF RISK

You agree to be responsible for any damage to the Property or equipment which you may cause due to negligence. You hereby waive and release, indemnify, hold harmless and forever discharge HC and its agents, employees, officers, directors, affiliates, successors and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that you ever had or may have, arising from or in any way related to your usage of and/or stay in the HC properties, or any activities that you may have partaken in on the premises of HC, provided that this waive of liability does not apply to any acts of gross negligence, intentional or wilful misconduct. You assume any risk, and take full responsibility and waive and of personal injury; death, damage, or loss of personal Property, associated with HC, including but not limited to using the property in any manner, form or fashion, and participating and/or engaging in any activities on and off the premises.

10. WILDLIFE

Our properties are maintained and cleaned regularly, however, wildlife is common in the country. Hideout nor the Land Owner accept any liability (nor will we issue a refund or credit) for the unfortunate or seasonal visits of any animals, wildlife, insects or bugs, including, but not limited to; horses, kangaroos, birds, mosquitoes, flies, spiders, snakes, ticks, leeches and rodents. The client agrees to take appropriate safety measures to prevent negative interactions with wildlife in the area. This includes, but is not limited to, not engaging with wild animals, keeping food out of reach, keeping the site clean, and securing all personal items. You are not permitted to harm the land or the natural habitat of any wildlife in any way. Guests are forbidden from entering horse paddocks at all times, care must also be taking as all fences around the paddocks are electric and are not to be touched for any reason. HC nor the Land Owner are liable for any personal injury due to animals, wildlife, insects or bugs. The client is expected to take necessary steps of precaution against these animals & insects.

11. FIRE PITS & CAMPFIRES

HC reserves the absolute and unfettered right to ban campfires at any time. This right extends beyond local fire bans and may be enforced regardless of local weather conditions.

Any guest who lights a fire during either a fire ban period, or after they have been instructed not to by HC may be removed from the property and will not be refunded any portion of their stay.

All campfires must be contained within the designated fire pit area and you are responsible for complying with local fire regulations and general safety considerations (including, amongst other things, observing total fire bans). If it is windy, guests must not light a fire under any circumstances.

Even when campfires are permitted, you must do everything you can to ensure the safe enjoyment of the campfire, and that you do not create any risks to property, people and animals (including, but not limited to the Tiny House, the property and neighbouring properties).

Fire regulations by state can be found at the below links. When lighting fires you must (1) only use the designated permanently constructed fire-pit, (2) ensure there is no debris within 2m of the fire and (3) completely extinguish the fire before leaving the site or going to bed – this includes ensuring all coals and embers are completely extinguished. When it is not safe to light the campfire you are welcome to use the bbq (if it is safe to do so), or the internal stove only.

Fire restriction info by state: NSW: http://www.rfs.nsw.gov.au/fire-information/fdr-and-tobans

12. TOILET USE

If you do not follow the instructions relating to the toilet HC reserves the right to charge for any costs associated with restoring the toilet to normal operating standards. This includes (amongst other things), a $2,000 repair and servicing charge for placing any sanitary or other products (other than toilet paper) down the toilet.

13. LIMITATION OF LIABILITY

13.1 Total Liability

To the fullest extent permitted by law (and to the extent permitted under Australian Consumer Law), the total liability of HC under or in connection with this Agreement in respect of all Claims (if any) is limited to the Fees paid or payable for the Booking and in any event, will never exceed the available proceeds of the professional indemnity and/or public liability insurance coverage of HC (as varied from time to time) or the fees paid to HC by the Guest, whichever is the lesser amount.

13.2 Consequential Loss

In no case shall HC, its officers, employees, affiliates, agents, contractors, or licensors be liable for any Consequential Loss arising from the Guest’s use of, or reliance on the Services, the Website and/or content or information provided in the Property or in information brochures in the Property including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

13.3 Australian Consumer Law

Further, nothing in this Agreement is intended to limit any Australian Consumer Law guarantees or warranties that may apply to the Services and that cannot be excluded.

14 DISPUTE RESOLUTION

If a dispute arises out of or relates to this Agreement, a party must not commence any court or other proceedings relating to the dispute unless it has first issued a written notice to the other party specifying the nature of the dispute. Upon receipt of the notice by the other party, the parties must endeavour to resolve the dispute within twenty-one (21) days using informal dispute resolution techniques including settlement discussions and mediation. If the dispute cannot be resolved, then the parties shall be free to pursue any right or remedy available to them under applicable law. Nothing in this Agreement will prejudice the right of a party to institute proceedings to enforce payment due under this Agreement or to seek urgent injunctive or declaratory relief in respect of a dispute or any matter arising under this Agreement.

15 GENERAL

15.1 Severability

If any provision or part of this Agreement is void or unenforceable for any reason, then that provision or part will be severed from this Agreement and the rest of this Agreement shall be read as far as possible as if the severed provision or part had never existed.

15.2 Entire agreement and variation

The parties agree that:

(a) this Agreement is the entire agreement between HC and the Guest in respect of this arrangement and supersedes any other communication or understandings (whether written or oral) between HC and the Guest in that regard; and

(b) any changes to this Agreement must be agreed in writing between HC and the Guest prior to the changes coming into effect.

15.3 Governing law and Jurisdiction

(a) This Agreement is governed by the laws applicable in the state of New South Wales and the parties agree to irrevocably submit to the exclusive jurisdiction of the courts of that Sate.

SCHEDULE OF COSTS FOR DAMAGES

HC is finished to a very high standard. Properties are finished and furnished with costly materials and products. You become responsible for any and all damage and loss to the property and its contents from the date and time you check-in to the date and time you check-out. Any damaged items in the properties will be charged the full advertised replacement cost and product brand.

1. Security Bond - See clause 7.1 - $500

2. Late Check-Out A late check out past 11 00 hours will result in the Guest being charge - $50 per hour

3. Cleaning of Property where left in extremely dirty conditions: Where any part of the Property has been left in extremely dirty conditions - Cost to clean

4. Evidence of Smoking: Where there is evidence of smoking within the Property, such as traces of residual smoke, anywhere other than the outside around the fire pit - $250 + any additional cleaning costs

5. Linen: Where linen has been soiled or damaged such that it may not be restored to its original condition with steam cleaning - Cost to replace from Inthesac linens.

6. Plumbing / electricity: Where it is determined that the Guest has caused a plumbing or electricity issue that requires a tradesperson - Invoice Cost

7. Call-out fee for HC - Where HC or any member of the HC team be called to the Property and the issue is deemed to be caused by the Guest, equipment owned by the Guest or because the Guest has not followed instructions - $110

8. Call-out fee for tradesperson to fix an issue caused by the Guest. Where a tradesperson be called to the Property and the issue is deemed to be caused by a equipment owned by a Guest or because a Guest has not followed instructions - Invoice Cost

10. Credible noise complaint by neighbours. Failure to abide by the Noise policy in clause 6 - $500 per offence

11. Fire Department/ Police/ Security/ called to Property: Failure to abide by clause 6 or in other instances where fire department, police or security attends the Property - $500 per offence

12. Repair/ replacement if there is damage to the Property: Where any item (electronic or not) within the Property or part of the Property has been maliciously, deliberately or negligently damaged by the Guest - Cost to repair/ replace

13. Steam Cleaning of carpets, furnishings, linens etc if evidence of pets in Property (on furniture or in/ on beds): Where the carpets, furnishings or linen within the Property has been soiled or damaged to the extent that may require extensive cleaning or where there is evidence of pets having been in the Property - Cost to steam clean/ cost of repair or replacement