Terms and Conditions

These terms and conditions (‘Terms and Conditions’) together with the Privacy Policy governs the relationship between D & M Operations Pty Ltd ACN 100 700 767 (‘Licensor’) any individual who engages with the Licensor under this website or who utilises any services offered by the Licensor, including without limitation accommodation at the property knows as ‘River K Lodge’ (‘Property’).

1. Non-Exclusive Licence

(a) Any individual or entity (‘Guest’) who requests accommodation at the Property shall be granted or not granted accommodation at the Property in the absolute discretion of the Licensor.

(b) Where the Licensor accepts a request for accommodation at the Property:

(i) the Guest is granted a non-exclusive right to occupy the Property (‘Licence’) from the agreed date of occupation until the agreed date of vacation or following termination of the services offered to the Guest by the Licensor pursuant to these terms and conditions.

(ii) the Guest must complete the identity verification process, as requested by the Licensor.

(iii) the Guest must accept these terms and conditions.

(c) The agreed date of occupation and agreed date of vacation shall be referred to in the Guest’s booking confirmation provided by the Licensor.

(d) These Terms and Conditions and the Licence do not create a relationship of landlord and tenant between the Licensor and any Guest and the Guest acknowledges that this agreement related to short-term rental accommodation within the meaning of section 54A of the Fair Trading Act 1987.

(e) The Licence afforded under these Terms and Conditions is personal to the guest and may not be assigned nor does the Guest have the capacity to grant any right of occupation over any part of the Property.

2. Licence Fees

(a) The Guest agrees to pay the licence fee set by the Licensor at the time of the Guest’s booking as consideration for the Licence.

(b) The licence fee shall be payable as follows:

(i) 50% of the licence fee (‘Deposit’) is required to confirm the booking and is payable at the time the accommodation is reserved by the Guest;

(ii) the balance of the licence fee and the Security Deposit at least seven (7) calendar days prior to the agreed date of occupation.

(c) If the Guest fails to pay the licence fee in accordance with sub-clause (b), the Licence is immediately terminated and the Deposit, where paid, shall be forfeited to the Licensor.

(d) The Guest agrees that payment of the licence fee is facilitated by a platform external to the Licensor integrated into the Licensor’s website and that platform may apply additional fees and charges, payable by the Guest, for facilitating payment of the licence fee.

(e) The number of persons permitted to occupy the Property is strictly limited to the amount of guests noted in the booking request made by the Guest. Any additional occupants will incur an Additional Person Fee of $100.00 per person per night, including children, which will be charged by the Licensor to the Guest.

(f) The licence fee is charged by the Licensor as rental accommodation and no GST is applicable to that supply.

3. Bond

(a) In addition to the licence fee, the Guest will be required to pay a bond the equivalent of the cost of 1 night’s accommodation (‘Security Deposit’).

(b) The Security Deposit is required to be paid in accordance with clause 2(b)(ii).

(c) The Guest agrees that the Security Deposit may be used by the Licensor, but not be limited to, any of the following purposes:

(i) Payment of the Additional Person Fee referred to in clause 2 of these Terms and Conditions.

(ii) Payment of any Late Departure Fee referred to in clause 4 of these Terms and Conditions.

(iii) Payment of any Key Fee referred to in clause 4 of these Terms and Conditions.

(iv) Payment of any costs associated with a breach of clause 6 of these Terms and Conditions.

(v) Payment of any delivery fees relating to any of the Guest’s items left at the Property in accordance with clause 7 of these Terms and Conditions.

(vi) Payment of the cost of any tradesperson called to the Property in breach of clause 8 of these Terms and Conditions.

(vii) Payment of any costs associated with evicting the Guest in accordance with clause 10 of these Terms and Conditions.

(viii) Payment of any costs associated with any loss or damage suffered by the Licensor as a result of the Licence to the Guest, including without limitation those costs outlined in clause 11 of these Terms and Conditions.

(ix) Payment of any expenses incurred by the Licensor as a result of any breach of or failure to comply with any right or obligation on part of the Guest under these Terms and Conditions.

(d) If any of the payments listed in clause 3(b) do not apply, the Security Deposit will be refunded to the Guest once the Licensor has been able to inspect the Property to confirm the Guest has successfully checked out of the Property.

(e) If any of the payments listed in 3(b) do apply, any portion of the Security Deposit not required to be paid to the Licensor will be refunded to the Guest within 7 days of the agreed date of vacation.

4. Check In, Check Out and Key Collection

(a) The Guest may check in from 3:00pm on the day of their agreed date of occupation.

(b) On the agreed date of occupation, the Guest will be sent the details regarding Key Collection and Key Return by the Licensor.

(c) The Guest must check out, remove all of the Guest’s items and return all keys by 10:00am on the day of their agreed date of vacation.

(d) If the Guest departs later than 10:00am on the agreed date of vacation, the Licensor may, in the Licensor’s absolute discretion, charge a Late Departure Fee to the Guest. The Late Departure Fee shall be decided in the Licensor’s absolute discretion and shall be up to the equivalent of 1 night’s accommodation for each day which the Guest fails to check out, remove all of the Guest’s items and return all of the keys to the Licensor.

(e) If any keys are not returned or the keys or keypad are lost or are damaged, the Licensor shall be entitled, in the Licensor’s absolute discretion, to charge a Key Fee to the Guest. The Key Fee shall be the equivalent of the cost of repair or replacement of the keys or keypad lost or otherwise damaged by the Guest.

5. Cancellation

(a) If a Guest cancels their request for accommodation at the Property, the following policies shall apply:

(i) If the Guest cancels their accommodation in writing with the Licensor prior to 30 days before the agreed date of occupation, the Deposit shall be refunded to the Guest in full.

(ii) If the Guest cancels their accommodation in writing between 30 days before agreed date of occupation and 7 days before the agreed date of occupation, the Deposit shall not be refunded and shall be retained by the Licensor in full.

(iii) If the Guest cancels their accommodation in writing within 7 days before the agreed date of occupation, the licence fee or Deposit, where applicable, will not be refunded and shall be retained by the Licensor in full. If the Guest has not paid the balance of the licence fee in accordance with clause 2 of these Terms and Conditions, the Licensor may seek to recover the balance of the licence fee from the Guest as a debt owing to the Licensor.

(iv) If the Guest departs the Property earlier than the agreed date of vacation, then the Guest shall not be entitled to a refund of any part of the licence fee paid to the Licensor.

(b) The Licensor reserves the right to cancel any bookings if the Licensor sells the Property.

6. Use of Property

(a) The Guest must use the property for residential accommodation only and functions of any sort are not permitted. If any function, event or party is held at the Property, the Licensor may immediately terminate the Guest’s Licence without refund of the licence fee and may charge the Guest additional cleaning costs in the Licensor’s absolute discretion.

(b) The Guest must not, in any circumstances, make any additions or alterations to the Property or move any items in the Property.

(c) The Guest must comply with all local government requirements, restrictions, legislation, or regulations affecting the Property in the Guest’s use and occupation of the Property.

(d) Additional mattresses, tents, caravans or more cars than the Property accommodates are not permitted.

(e) Vehicles shall only be parked in spaces provided for with the Property, being the two spaces under the carport and on the gravel behind those spaces under the carport. Vehicles shall not under any circumstances be parked or drive on any grass or landscaped areas of the Property. If the Guest parks or drives any vehicles on any grass or landscaped area, the Licensor may immediately terminate the Guest’s Licence without refund of the licence fee and may charge the Guest additional costs to rectify any damage to the grass or landscaping at the Property in the Licensor’s absolute discretion.

(f) Pets are not permitted at the Property under any circumstances. If any pets are brought to the Property, the Licensor may immediately terminate the Guest’s accommodation without refund of the licence fee and may charge the Guest additional cleaning costs in the Licensor’s absolute discretion.

(g) Guests must dispose of all garbage in the garbage bins provided for the Property. If there is any additional waste left at the Property that does not fit in the garbage bins provided, the Guest may be charged an additional fee for removal of the excess rubbish in the Licensor’s absolute discretion.

(h) Guests must keep the Property secure during their stay and will be responsible for any theft or damage to the Property because of the Guest not complying with these Terms and Conditions. Upon vacating the property, the Guest must ensure that all windows and doors are closed and locked prior to the Guest’s departure.

(i) The Spa located at the Property is not, under any circumstances, permitted to be used by the Guest or any occupants or invitees of the Guest. In the event of use of the Spa, the Licensor may immediately terminate the Guest’s accommodation without refund of any Licence Fees. The Licensor shall not be liable and the Guest and any occupants or invitees of the Guest forever and irrevocably release the Licensor from any claims or actions relating to injury, death, loss or damage as a result of a breach of this condition or use of the Spa by the Guest or any occupants or invitees of the Guest.

(j) The Guest acknowledges that wildlife is common in the area in which the Property is located and wildlife being at the Property is outside of the Licensor’s control. The Licensor does not accept liability nor will compensate the Guest in the event of any wildlife visiting the Property and the guest must ensure that all doors to the house are closed to avoid wildlife entering the house.

7. Items Provided

(a) If the Guest leaves any items behind at the Property after their agreed date of vacation, the Licensor will attempt to recover and return items of value to the Guest but the Guest shall bear the cost of recovery and return, including any postage, packaging our courier fees. Any items left at the Property, where a Guest has not contacted the Licensor within 7 days about the items may be disposed of in the Licensor’s absolute discretion.

8. Inspections and Repairs

(a) If the Licensor believes these Terms and Conditions may have or are being breached, the Licensor, or any agents engaged by the Licensor, including security personnel, may inspect the Property at any time during your stay without notice.

(b) The Licensor may during your stay attend the Property to undertake any maintenance or repairs which may be required, upon at least 24 hours’ notice to you, unless requested by the Guest.

(c) If the Guest requires the assistance of a tradesperson relating to any repairs or issues at the Property, the Guest must firstly contact the Licensor, before contacting any tradesperson. If the Guest unreasonably contacts a tradesperson, before contacting the Licensor, the Licensor will charge the cost of the call out to the tradesperson to the Guest.

9. Property Description

(a) A description of the features of the has been included on the Licensor’s website to the best of the ability of the Licensor, acting in good faith.

(b) All marketing material made available by the Licensor of the Property is intended to provide a general indication of the appearance of the Property and the Guest will not be entitled to make any claim for a refund if, in the Guest’s opinion, the Property appears different in person than it does in the Licensor’s marketing material.

(c) The Licensor shall use all reasonable attempts to ensure that all electrical and mechanical items included in the Property are in reasonable working order. In the event of a minor fault, malfunction or breakdown of any electrical or mechanical items, the Licensor shall take all reasonable steps to have the issue rectified but will not be liable to compensate the Guest.

10. Eviction

(a) If the Guest is in breach of any of these Terms and Conditions, the Licensor may, in addition to utilising the Security Deposit, or any portion of the Security Deposit:

(i) Immediately terminate the Guest’s stay at the Property;

(ii) Request that the Guest and all other occupants be removed from the Property or seek removal of the Guest and all other occupants by police or security personnel; and

(iii) All licence fees paid to the Licensor shall not be refunded in any circumstances.

(b) The Guest shall be liable to the Licensor, as a debt to the Licensor, for all costs associated with evicting the Guest and other occupants from the Property.

11. Damage and Breakages

(a) The Guest shall be responsible for any loss or damage to the Property during the Guest’s stay including without limitation any damage to the structures on the land, any fixtures, fittings or chattels and any landscaping and the Licensor shall be entitled to recover the cost of any loss or damage from the Guest.

(b) If the Security Deposit does not compensate the Licensor for any loss or damage caused by the Guest or any occupants or invitees of the Guest, then the Guest agrees that the Licensor may recover any additional costs from the Guest as a debt owed by the Guest to the Licensor.

12. Indemnity

(a) To the extent permitted by law, the Licensor shall not be held liable for any injury, damage, loss, delay, expense, claim or inconvenience arising out of the Guest’s accommodation at the Property or the Guest’s interaction with the Licensor or the Licensor’s website.

(b) The Guest and any invitees or occupants accompanying the Guest agrees to indemnify and hold the Licensor harmless against any claims, action, suit, loss, damage, demand or expenses of any kind raised against the Licensor with respect to the Guest’s accommodation at the Property or the Guest’s interaction with the Licensor or the Licensor’s website or as a result of any act, neglect or omission by the Guest in complying with these Terms and Conditions.

(c) The Guest agrees to pay any costs incurred by the Licensor, on an indemnity basis, associated with enforcing these Terms and Conditions against the Guest or defending any action, claim or suit raised by the Guest in breach of these Terms and Conditions.

(d) The Licensor recommends that a Guest obtain a policy of insurance relating to their personal property and period of travel.

13. General

(a) To the extent that these Terms and Conditions are inconsistent with any other communication made by the Licensor, these Terms and Conditions shall prevail.

(b) The applicable law governing this agreement shall be the laws of the state of New South Wales and in relation to any dispute, the parties agree to submit to the exclusive jurisdiction of that state.

(c) Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia.

(d) Obligations under these Terms and Conditions affecting more than one party bind them jointly and each of them severally.

(e) Any notices issued by the Licensor may be issued to the Guest at the email address provided to the Licensor by the Guest.