Kiambram Country Cottages Terms & Conditions

 

Hosts: Kiambram Country Cottages is owned and operated by Adam Purse and Michelle Purse trading as Kiambram Country Cottages ABN 72 954 432 345. Accordingly, Adam and Michelle are your 'hosts'.

                                                                                                                                                                                                         

Guest: The 'guest' is person booking to stay at Kiambram Country Cottages, also referred to by 'you' and 'your'. By booking, you represent to your hosts that you are at least 18 years of age.

 

Invitees: Your 'invitees' are other persons staying at Kiambram Country Cottages pursuant to your booking or otherwise using its facilities by your invitation or with your permission (notwithstanding any breach by you of the limit on the number of your invitees). 

 

Terms & conditions: A reference to these terms and conditions includes any other terms and conditions agreed by you with, or for the benefit of, your hosts in connection with your booking to stay at Kiambram Country Cottages (as the context permits). By booking, you are taken to agree to these terms and conditions on your own behalf and on behalf of your invitees and for the benefit of your hosts, and represent to your hosts that you are authorised to so agree on behalf of your invitees. You agree with your hosts to comply with, and ensure that your invitees comply with, these terms and conditions.

 

Use: Kiambram Country Cottages includes 3 cottages, comprising a 3-bedroom house ('Gumnut Cottage') and 3 x 1-bedroom Your hosts reside on site. Your booking entitles you to a non-exclusive licence to occupy the booked cottage and use Kiambram Country Cottages' common facilities between the booked check-in and check-out times for yourself and the number of invitees specified in your booking, subject to these terms and conditions. Your hosts reserve the right to enter your booked cottage at any time, after first knocking on the door or taking similar steps to notify the occupants of the entrance. Your use of the common facilities is shared with your hosts and other users.

 

Easier access: The 1-bedroom self-contained unit called Basalt Hut has a level carpark, no entrance steps and a walk in shower.

 

Children: Invitees staying at Gumnut Cottage may include persons under the age of 18 years. Invitees staying at Basalt Hut may include persons under the age of 18 years but only if they are not yet independently mobile (eg not yet crawling or walking). The other cottages must not be used by invitees under the age of 18 years. You must ensure that your invitees under the age of 18 years are closely supervised by a responsible person 18 years or older whilst at Kiambram Country Cottages.

 

Rules: You and your invitees must comply with the following rules whilst at Kiambram Country Cottages:

 

• If requested by your hosts, you and your invitees must identify themselves and provide photo identification.

 

• Your booking is only for you and the maximum number of your invitees specified in it. You and your invitees must not allow any more persons to share your stay at, or use facilities at, Kiambram Country Cottages. You and your invitees must not give access to Kiambram Country Cottages to any other persons.

 

• You and your invitees must be respectful to, and considerate of, your hosts and other users. You and your invitees must not do anything illegal, damage or destroy any property, cause harm or be violent or threatening to any person, use profanities, direct unwanted attention at other users, cause nuisance or be unreasonably noisy or disruptive.

 

• Noise must be minimised at all times.

 

• Music must not be played outside your booked cottage or in your booked cottage at a volume that can be heard outside it.

 

• Between the hours of 9.00 pm and 7.00 am daily, you and your invitees must not use common facilities for any purpose other than passage. Passage must be conducted to minimise noise.

 

• Between the hours of 9.00 pm and 7.00 am daily, you and your invites must use your booked cottage quietly.

 

• You and your invitees must not smoke, vape or similar inside your booked cottage or otherwise than in designated areas outside cottages.

 

• You and your invitees may only cook in your booked cottage or outside your booked cottage in designated areas, and in each case, using the facilities your hosts have provided, and must thoroughly clean up after any use of cooking and kitchen facilities.

 

• You and your invitees must not light fires, use candles or light other open flames in cottages or elsewhere, except properly and carefully using designated equipment.

 

• You  and  your  invitees  must  not  touch,  feed, enter  the enclosure  of,  or  otherwise  approach  any  domestic  or  wild   animals  at Kiambram Country Cottages.

 

• You and your invitees are not permitted to have any pets or other animals at Kiambram Country Cottages.

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• You and your invitees are not permitted to have any drones or other similar devices at Kiambram Country Cottages.

 

• The speed limit within Kiambram Country Cottages is 10 km per hours. You and your invitees must not exceed this speed limit. On dirt roads used to access Kiambram Country Cottages you and your invitees must observe all road rules and drive to minimise dust and be considerate of other road users and neighbours. 

 

• You and your invitees must comply with all rules stated in any notices in your booked cottage or otherwise at Kiambram Country Cottages and must immediately comply with any reasonable direction by your hosts.

 

Hosts' approvals: If you or your invitees wish to depart from a rule or other provision set out in these terms and conditions, you must obtain the express prior approval of your hosts to do so. Your hosts may grant the approval in their absolute discretion, including with conditions. You and your invitees must comply with any approval. Without approval, there must be no departure. 

 

Additional costs: In addition to any fees and charges for your booking and stay at Kiambram Country Cottages, you must pay your hosts the following amounts (as applicable):

 

• If all keys to Kiambram Country Cottages are not returned to your hosts on your check-out, an amount of $200 per key for replacement.

 

• If a fire alarm in the booked cottage activates whilst you or your invitees are in the cottage, the amount charged to your hosts for emergency services to attend Kiambram Country Cottages.

 

• If you or your invitees smoke, vape or similar inside your booked cottage, an additional cleaning fee of $200.

 

• If cooking and kitchen facilities in your booked cottage are not clean on your check-out, an additional cleaning fee of $200.

 

• If your booked cottage is degraded such as by bodily wastes or rubbish on your check-out an additional cleaning fee of $500.

 

• The reasonable cost to repair (to a similar standard but using new materials) or replace (with similar but new items) any Kiambram Country Cottages' property you or your invitees steal, lose, damage or destroy.

 

You must pay any such amount to your hosts on demand and hereby authorise your hosts to charge the amount to the credit card provided to secure or pay for your booking without demand or notice to you.

 

  Termination by you:

 

Your hosts take care to ensure the accuracy of their descriptions of the ambience, cottages and other facilities at Kiambram Country Cottages and to manage it for the enjoyment of all users. However, ambience, cottages and other facilities as described by your hosts can contain inaccuracies or be impacted by other users, maintenance, repairs, improvements or other circumstances. 

 

If you and your invitees leave Kiambram Country Cottages before your booked check-out time and your hosts are satisfied (acting reasonably) that your leaving is attributable to the ambience, your booked cottage or other facilities at Kiambram Country Cottages not being substantially in accordance with the description to you provided by your hosts or the adverse impact on you and your invitees resulting from other users not abiding by rules similar to those contained in the Rules clause of these terms and conditions, then your hosts will refund the proportion of your tariff for your stay at Kiambram Country Cottages attributable to each day commencing after the date you leave. 

 

Termination by your hosts:

 

Your  hosts  may  cancel  you  booking  and  terminate  your  licence  to  occupy  the  booked  cottage  and  use  Kiambram  Country Cottages' facilities at any time effective immediately on oral or written notice to you:

 

●       if any representation made by you is or becomes untrue or misleading or you or your invitees do not fully comply with any provision of these terms and conditions (called 'your default'); or

 

●      for any other reason whatsoever, including for convenience, in their absolute discretion.

 

On termination, you and your invitees must leave Kiambram Country Cottages and as soon as reasonably practicable and, in any event, within 24 hours. However,  if  the  termination  is  due  to  your  default,  you must leave Kiambram Country Cottages immediately or as otherwise directed by your hosts or the Queensland Police. 

 

If the termination is for a reason other than your default, your hosts will refund the proportion of your tariff for your stay at Kiambram Country Cottages  attributable  to  each  day  commencing  after  the  date  you  leave. 

 

Acceptance of risks: You and your invitees acknowledge and accept that Kiambram Country Cottages is a remote rural property including bush and agricultural land and accordingly:

 

• domestic animals, including horses, cattle and dogs, are located on Kiambram Country Cottages and, whilst the domestic animals are not known by your hosts to be dangerous, even domestic animals can be unpredictable and cause harm to property and persons;  

 

• Kiambram Country Cottages is a habitat for native wildlife (which is encouraged) and frequented by feral animals, including kangaroos, wallabies, ticks, spiders, snakes, insects, wild dogs and feral pigs, and the wildlife and feral animals can be dangerous and cause harm to property and persons; and

 

• there  are  other risks  to  property  and  persons  in  staying  at  Kiambram  Country  Cottages  and  using  its  facilities   including  from  rough  terrain, weather, fire and other uncontrolled conditions, prickly and toxic plants, agricultural machinery and equipment, electric fences, feral animal traps and remoteness from emergency and medical services including hospitals.

 

You accept that all risks  to  you  and  your  invitees'  property  and  person  connected  with  staying  at  Kiambram  Country Cottages and using  its facilities as specified above or otherwise arising from its characteristics as remote rural bush and agricultural land are borne by you and your invitees.

 

Third party services: The Kiambram Country Cottages website or your hosts may provide you and your invitees with information about the opportunity to purchase products and services such as transport, dining and activities ('externals') from third party suppliers ('suppliers'). The information is provided to your  hosts  by  suppliers  and  third  persons  and  is  not  validated  or  endorsed  by  your  hosts.  Your  hosts  makes  no representation or warranty as to any aspect of any external or supplier and it is your responsibility to check all relevant aspects with the supplier prior to purchase. Your contract for any external will be with the supplier and your hosts will have no involvement in the provision of the external. Consequently, your  hosts  do  not  have  or  accept  any  liability  to  you  in  connection  with  your  purchase  or  use  of  any external.

 

Limitations on liability and release and indemnity:

 

• Anywhere in these terms and conditions, a reference to your hosts having no 'liability' or not being 'liable' includes:

 

• for any refund of amounts paid by you in connection with your booking and stay at Kiambram Country Cottages, expenses, costs, legal costs, demands, claims, actions, proceedings, judgements, damages, losses or liabilities whatsoever; and

 

• whether in contract, negligence, under statute or otherwise, including any breach of contract, gross, criminal or other negligence or other act or omission whatsoever by or attributable to your hosts.

 

• To the maximum extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or otherwise by law that impose any liability or obligation on your hosts in connection with your booking and you and your invitees staying at Kiambram Country Cottages and using its facilities are excluded.

 

• To the extent permitted by law the aggregate of your hosts liability to you and your invitees is limited to an amount not exceeding the amount paid by you for your booking and stay at Kiambram Country Cottages.

 

• To the maximum extent permitted by law, you and each of your invitees hereby releases and indemnifies, and agrees to keep indemnified, your hosts from and against all liability directly or indirectly arising out of, caused by, resulting from or attributable to:

 

• any representation made by you being or becoming untrue or misleading or you or your invitees not fully complying with any provision of these terms and conditions; 

 

• the ambience, cottages and other facilities at Kiambram Country Cottages not being in accordance with the description to you provided by your hosts or any other person or the impact on you or your invitees of other users not abiding rules similar to those contained in the Rules clause of these terms and conditions (except for any refund as provided for in these terms and conditions); 

 

• your  hosts  cancelling  your  booking  and  terminating your  licence  to  occupy  the  booked  cottage  and  use  Kiambram  Country Cottages' facilities (except for any refund as provided for in these terms and conditions); or 

 

• theft, loss, damage or destruction of your or your invitees' property or harm or injury to you or your invitees (including death) occurring during or otherwise connected with you and your invitees staying at Kiambram  Country Cottages.

 

• Nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy or the imposition of any liability under the Traveller Accommodation Providers (Liability) Act 2001 (Qld) that cannot be excluded, restricted or modified. However, the limitations on your hosts' liability contemplated by that Act apply to the maximum extent. 

 

• Nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy or the imposition of any liability under the Australian Consumer Law that cannot be excluded or modified. However, to the extent that such law permits your hosts to limit their liability, then your hosts' liability is limited to:

 

• in the case of services, supplying the services again or payment of the cost of having the services supplied again; and

 

• in the case of goods, replacing the goods, supplying equivalent goods or repairing the good or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

 

• Each exclusion, limitation on liability and release and indemnity benefiting your hosts in this clause or elsewhere in these terms and conditions is a separate and independent covenant and is not intended to be read down by reference to any other. Each survives the termination or expiry of these terms and conditions.

 

Notices: Any notice or other communication to you or your invitees in connection with these terms and conditions is duly given when delivered, sent by post or emailed to you or the relevant invitee (care of you) at any address provided for you in connection with your booking. It is deemed to be duly given on delivery, on the 5th day after posting or on receipt by the sender of a delivery confirmation report recording the time of delivery to your email address (as applicable). However, if it is delivered, received by post or sent by email on a day which is not a business day or after 4 pm on a business day (in the place of receipt) it is deemed to have been received on the next business day (in the place of receipt provided).

 

Miscellaneous:

 

• These terms and conditions are binding on your hosts, your and your invitees' respective executors, administrators, successors, substitutes and assigns. Your hosts may assign or novate any of their rights and obligations pursuant to these terms and conditions. You and your invitees may not assign or novate any right or obligation pursuant to these terms and conditions. Your hosts includes their officers, employees, contractors, agents and representatives (including any officers, employees, contractors, agents and representatives of any of the foregoing). References are to be read accordingly.

 

• Any right or obligation benefitting or binding more than one person as either your hosts or you and your invitees, benefits and binds those persons jointly and severally and notwithstanding that the provision or these terms and conditions may not be enforceable by or against any other of those persons.

 

• Expressions defined anywhere have the given meaning throughout. Where an expression is given a defined meaning, other grammatical forms of the expression have a corresponding meaning. The singular includes the plural and vice versa, and a gender includes all genders. Examples do not limit what else is included.

 

• A reference to a monetary amount in these terms and conditions is to Australian dollars. Any amount payable pursuant to these terms and conditions not paid when due will bear interest on daily balances at the standard contract default rate from me to time published by Queensland Law Society for the purposes of the Real Estate Institute of Queensland contracts, capitalising monthly and payable on demand.

 

• A reference to Kiambram Country Cottages includes the whole of it and any cottage or other part of it.

 

• A reference to 'property' of your or your invitees includes property in which you or they have any interest or in your or their possession.

 

• If you or your invitees are allocated or relocated to an alternative cottage or your booking is extended, these terms and conditions apply to the alternative cottage and extended period (as applicable).

 

• No  provision  of  these  terms  and  conditions  will  be  construed  adversely  to  a  party  on  the  basis  that  the  party  was  responsible  for  the preparation of these terms and conditions or the provision or on the basis that the provision is for the benefit of the party.

 

• If a provision of  these  terms  and  conditions  is unlawful, prohibited, invalid or unenforceable it is to be read down, if possible, so as to be lawful, permitted, valid and enforceable, and otherwise, will be severed to the extent unlawful, prohibited, invalid or unenforceable, without affecting the remaining provisions.

 

• These terms and conditions are governed by Queensland law. Your hosts, you and your invitees submit to the exclusive  jurisdiction of the courts in Queensland.

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