1.1 Werriberri Cottages (owners/us/we), 829 Megalong Rd, Megalong Valley NSW (Property); and
1.2 you (including your family members and/or guests) (You).
Schedule 1 (Werriberri Pre-Arrival Info – digital form) contains the special conditions to this agreement which will be completed by the parties. This will be emailed to you for completion at time of booking. If you have any questions please email us at email@example.com, or call us on (02) 4787 9127
The owners agree to grant to you a license to access and use the rented holiday dwelling(s) (Cottage) on the Property in accordance with this agreement and as detailed in Schedule 1.
- TERM & BOOKING
3.1 The term of your licence commences on the day you are granted access by the owners to the Property and/or your cottage at the designed check-in time and the term expires on the last day of your booking at the designated check-out time unless terminated and/or extended earlier by either party (Term).
3.2 The owners will use their best endeavours to make the Property and/or Cottage(s) available to you as booked. However, if for some unforeseen circumstance the owners are not able to make the Property and/or Cottage(s) available to you within a reasonable time of your check-in time, the owners only liability to you will be the refund of your rental paid.
3.3 You acknowledge and agree that the owners do not make any representations as to the suitability of the Property and/or the Cottages for your requirements.
3.4 The owners reserve the right to:
(a) refuse a booking from any person;
(b) charge you a cleaning fee if the cottage requires additional cleaning above what would otherwise be required in normal circumstances.
You may only use the Property and your cottage for a short-term holiday rental and in accordance with this agreement.
- COVID-19 – HEALTH WARNING
- General Covid-19 Rules
- The safety and wellbeing of our guests is a top priority for us.
- We understand that you may be experiencing stress given the rapidly changing information on travel restrictions and cancelled or postponed public events. We want you to know that we are monitoring the coronavirus situation closely, keeping those who are affected in our hearts, and are listening carefully to the questions and concerns we receive from guests.
- We are following government guidelines for the safety of our guests and staff. We are also closely monitoring advice from the Australian Hotels Association.
- Please read the following information carefully.
- Our staff are fully vaccinated, and their health is regularly monitored for any symptoms of illness.
- We require all guests to be fully vaccinated and ask to view vaccination certifications prior to check in. If you have a medical exemption, this will need to be sighted.
- We expect that our guests are safe and respectful and report any symptoms of illness and follow social distancing and self-isolation, if necessary.
(c) The cottages have been rigorously cleaned prior to your arrival. All surfaces have been disinfected.
5.3 Guest/ Staff Contact
(a) We have implemented a COVID-19 Safety Plan, as recommended by the NSW Government.
(b) Please avoid congregating in large groups indoors. When congregating outside, please maintain the recommended 1.5-meter distance and where necessary wear gloves and a mask for your protection.
(c) Please maintain a 1.5-meter distance from our staff, when interacting.
(d) Please avoid interaction with guests who are not members of your party.
- PROPERTY GROUND RULES
6.1 Firewood & Outdoor Fires
(a) Firewood for indoor use is provided for each cottage. A full box full of firewood is next to the fireplace, and a stack of additional firewood is provided outside the cottage door. Should you require more wood, or if staying longer than two nights, please contact us. Please DO NOT collect wood from around the property except for small twigs and branches for kindling.
(b) Outdoor fires are not permitted under any circumstances.
(a) Water at Werriberri is sourced from a bore on the property and is regularly tested and safe for drinking. We can provide bottled water for your consumption at your request, if you’d prefer, free of charge.
6.3 Restricted Areas
(a) Please do not enter or access any buildings on the property other than your cottage.
(b) Please do not enter any locked paddocks.
(c) We do not allow trail bikes or any motorised vehicles on the back trails.
(d) Please park and keep motorised vehicles to the vicinity of the cottages, in the designated parking areas.
(a) Please do not leave your pets unattended inside the Cabin.
(b) Do not allow your pets to roam freely around the property as we have domestic animals, children, native wildlife, and other guests’ pets which need to be considered.
(c) Ensure pets remain off all furniture and bedding.
(d) Please ensure that you respectfully deal with any waste created by your pets.
- Hunting is not allowed, under any circumstances.
- YOUR OBLIGATIONS
7.1 During the Term, you are required to comply with all reasonable requests, requirements and/or directions of the owners, including but not limited to:
- Keeping outdoor noise to a minimum during the hours of 10pm to 7am and avoid making excessive noise and/or otherwise annoying behaviour so as not to not interfere with the quiet enjoyment of other guests and/or residents;
- Be considerate of other guests staying on the Property;
- Smoking is not permitted inside the cottages. If you smoke outside, please ensure you extinguish any cigarettes carefully so as to avoid starting a fire and do not litter but dispose of your cigarette into a bin and do not dispose of it in the natural environment;
- The Cottages and the Property are to be kept clean and tidy during the Term;
- The occupants of the cottage must not exceed the number of occupants approved by the Owners;
- The cottage and/or Property is not to be used for any sort of event and/or function and/or party unless expressly agreed to by the owners;
- All requirements relating to pets must be strictly adhered to; and
- Not engaging in any illegal and/or injurious conduct in the cottage and/or on the Property.
7.2 If you breach any of your obligations listed in 7.1 above, without prejudice to any other rights we may have, we may immediately request you vacate the Cottages and/or Property and you will not be entitled to a refund.
7.3 Upon request by the owners, you must provide to us all relevant details including but not limited to: your name, address, mobile phone number, email and any/all details of any guests staying with you on the Property.
8.1 You represent and warrant that you are responsible for your personal belongings and/or any personal property (including pets) located at, in or around the Property always during the Term and we take no responsibility for such property (including pets).
8.2 To the full extent permitted by law, you release, indemnity and hold us harmless from and against all claims and losses (including death, personal and property loss/damage) arising out of loss, damage, injury, death, liability or third party losses by reason of or arising out of or in relation to this agreement, the cottages and/or the Property whatsoever (including termination of the agreement), except any claim or loss directly resulting from our negligence and/or breach of a material term of this agreement.
8.3 To the full extent permitted by law, we exclude all representations, warranties or terms (express or implied) other than those expressly set out in this agreement.
8.4 Our total aggregate liability for all claims and losses relating to this agreement is limited to the rental payable by you under the terms of this agreement.
8.5 Either party’s liability for any claim relating to this agreement will be reduced to the extent to which the other party contributed to the damage arising from the claim.
8.6 You agree to indemnity us fully against all claims and losses which we may incur as a result of any breach of this agreement by you.
8.7 This agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, guarantees, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim, at our option, to:
(a) providing you will a booking that is the same or like the booking giving cause to the claim; or
(b) the repayment of your booking fee.
- DEFAULT & TERMINATION
9.1 Either party may terminate this agreement by written notice to the other party if any of the following events occur in respect of the other party, namely:
(a) a material breach of this agreement has occurred which is not remediable or capable of remedy; or
(b) an insolvency event occurs, other than an internal reconstruction,
following which, the booking will be cancelled and if we are in default, all monies will be refunded to you.
9.2 If this agreement is terminated or expires for any reason, then, in addition and without prejudice to any other rights or remedies available:
(a) the parties are immediately released from their obligations under this agreement, except for those obligations that, by their nature, survive termination;
(b) each party retains the claims it may have against the other party; and
(c) you must immediately pay all outstanding monies owed (if any) to us without set-off (including any off-set for any alleged claim).
9.3 If this agreement is terminated by any party for another party’s breach of an essential term, or repudiation of this agreement, the party is entitled to utilise any remedy available to that part at law, as well as recover from the breaching party:
(a) their legal, accounting and other costs and disbursements which are reasonably incurred; and
(b) damages in respect of this loss or damage suffered by the party.
- GENERAL TERMS
10.1 This agreement is governed by the laws of NSW and the parties submit to the exclusive jurisdiction of the courts of NSW.
10.2 The owner may assign this agreement to a third party without notice to you.
10.3 A failure of a party to require full/partial performance of a term of this agreement does not affect the right of that party to require subsequent performance.
10.4 The owner may vary the terms of this agreement by providing to you written notice of such variation before and/or during the Term.
10.5 This agreement and any documents connected to it form the entire agreement between the parties and supersedes all other representations, arrangements or agreements.
10.6 We agree to take all reasonable steps required to protect your personal information in our control and control against misuse, interference, loss and unauthorised use, access, modification or disclosure save as required to disclose information at law.
10.7 Unless otherwise stated, all amounts are exclusive of GST.
10.8 To the extent possible, this agreement will be interpreted and construed so as not be to invalid, illegal or unenforceable in any respect, but if a provision on its true interpretation or construction is held to be illegal or unenforceable:
(a) that provision will as far as possible be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all circumstances so as to give it a valid operation; or
(b) if the provision cannot be read down or if it cannot effectively be read down, that provision or part of it will be deemed to be void and severable and the remaining provisions of this agreement will not in any way be affected or impaired and will continue notwithstanding that illegality, invalidity or unenforceability.
10.9 If a party to this agreement consists of more than one person, or a term is used in this agreement to refer to more than one party:
(a) an obligation of those parties is a joint obligation on all of them and a several obligations of each of them; and
(b) a right given to those parties is a right given jointly and severally to each of them and if exercised by one of them is deemed to be exercised jointly; and
(c) a representation, warranty or undertaking made by those parties is made by each of them.
10.10 This agreement may be signed and/or executed: in counterparts, by exchange of email, by facsimile or electronic transmissions of signed counterparts.
10.11 By signing this agreement, you acknowledge and agree that:
(a) you have read and agreed to the terms and conditions of this agreement;
(b) you have made any of your guests aware of these terms and conditions in this agreement;
(c) we may vary the terms and conditions of this agreement during the Term;
(d) any information provided by you is true and correct and if not you agree to immediately notify us of such error.