Terms & Conditions for West Kunderang Recreational Retreat
1. Application of Terms and Conditions:
1.1 These Terms apply to the provision of Goods and Services by West Kunderang Recreational Retreat hereby also known as West Kunderang to the Customer.
1.2 These Terms represent the entire agreement between West Kunderang and the Customer for the Supply of any Goods or Services and cannot be varied, waived or amended without express written consent provided by West Kunderang.
2. Definitions:
2.1 Activities includes, but is not limited to, bush walking, four wheel driving, bush camping, mountain biking, swimming, canoeing, fishing and any other related or ancillary activities which are, or could be, conducted from, or in the area surrounding, the Property.
2.2 Booking Commencement Date means the first date of a Booking.
2.3 Booking means a booking for provision of Good or Services by West Kunderang to the Customer.
2.4 Business Day means a day that is not a Saturday or Sunday or Public Holiday in Sydney, NSW.
2.5 Customer means each and every person or entity that purchases, or seeks to purchase, Goods or Services from West Kunderang. It includes all of their guests, invitees, assigns and other person who attend the Property with them, or at their invitation.
2.6 Damage means any damage to the Property or goods, chattels, plant, equipment and structures on the Property including, but not limited to, any damage to camp grounds, broken tables, sinks, BBQ’s, toilets, tanks, gates and fencing.
2.7 Force Majeure means:
A) an act, event or cause (other than lack of funds) which is beyond the reasonable control of the Party and includes but is not limited to an Act of God, war, sabotage, riot, insurrection, civil commotion or unrest, national emergency, marshal law, fire, lightning, flood, cyclone, earthquake, landslide, or other adverse weather conditions, epidemic, radioactive contamination;
B) action or inaction of a council, government, or other competent authority (including a court of competent jurisdiction), including expropriation, restraint, prohibition, intervention, requisition, requirement, direction, embargo by legislation, regulation, decree or other legally enforceable order; and
C) breakdown of plant, machinery or equipment.
2.8 Goods means the equipment, materials, manufactured articles or other goods supplied by West Kunderang to the Customer.
2.9 West Kunderang means the business traded by West Kunderang Recreational Retreat ABN#74600910980 from the Property under that name.
2.10 Invoice means a tax invoice or other document issued by West Kunderang to the Customer, from time to time, indicating any amount due, owing or payable by the Customer for the provision of the Goods or Services.
2.11 Parties means West Kunderang and the Customer.
2.12 Peak Holiday Periods means any of the following periods:
A) Easter
B) Christmas
C) New Years
D) School Holidays
E) Any weekend with a Public Holiday immediate before or after.
2.13 Personal information means is information West Kunderang holds which is identifiable as being about a Customer.
2.14 PPSA means the Personal Property Securities Act 2009 (Cth).
2.15 Property means the property located at West Kunderang, Jeogla NSW 2350 together with any other properties owned or operated by West Kunderang Recreational Retreat.
2.16 Public Holiday means any gazetted public holiday in the State of NSW.
2.17 Quote means a quotation of the cost for the provision of Goods or Services including any Variation that may be made from time to time.
2.18 Rules and Regulations means and rules and regulations set by West Kunderang whether provided orally or in writing, including any signage.
2.19 School Holidays means gazetted NSW school holidays.
2.20 Services means the provision of camping areas, together with any other service whatsoever by West Kunderang for or on behalf of the Customer and includes any advice or recommendations whether in writing or verbally by an employee, contractor or consultant of West Kunderang.
2.21 Terms means these Terms and Conditions.
2.22 Variation means a variation to a Quote or Invoice whether at the request of the Customer or due to requirements of West Kunderang.
3. Engagement for the Supply of Goods and Services
3.1 The publication of any price for Goods or Services by West Kunderang shall not constitute a binding arrangement with the Customer until finalised as a Booking.
3.2 The entry of details into any online booking system, or provision of information by another means, by a Customer to West Kunderang may generate a Quote.
3.3 A Quote from West Kunderang is not a Booking and therefore not binding on West Kunderang.
3.4 A Booking is made when:
A) payment for the Goods and/or Services is made in full;
B) all Customer information is provided to West Kunderang; and
C) the Customer receives confirmation in writing from West Kunderang of the details of the Goods and Services to be provided.
3.5 All camping bookings must be paid in full to secure a Booking.
3.6 West Kunderang reserves the right to obtain and keep the Customer’s credit card and licence details on file until proof of purchase is provided.
4. Cancellations:
4.1 Subject to any statutory consumer rights to the contrary, no refunds for cancellations are provided other than at the sole discretion of West Kunderang.
4.2 Where a Booking for camping accommodation is cancelled for a non peak period time: (a) And a minimum of 3 days written notice prior to the booking commencement date is given, the Customer will be provided a credit equal to the value of the Booking, with an expiry of six (6) months from the Booking Commencement Date; (b) If a cancellation is requested within 3 days of the booking commencement date no credit will be provided; (c) If the booking is cancelled post the Booking Commencement Date, no credit will be provided;
4.3 Where a Booking for camping accommodation or any other Goods and/or Services not covered by clause 4.2 is cancelled by written notice more than five (5) days in advance of the Booking Commencement Date: (a) where the cancellation applies Peak Holiday Period, a credit equal to fifty percent (50%) of the Booking will be provided; with an expiry of six (6) months from the Booking Commencement Date; (b) If a cancellation is requested within five (5) days of the booking commencement date no credit will be provided; (c) If the booking is cancelled post the Booking Commencement Date, no credit will be provided.
4.4 All Bookings made with credit are subject to availability and cannot be used during Peak Holiday Periods.
4.5 Payment for Booking by way of credit will only be available when it is requested in writing to West Kunderang prior to the commencement of the Booking Commencement Date.
4.6 Any credit not used within six (6) months of the original Booking Commencement Date will be forfeited to West Kunderang.
5. Price and Payment:
5.1 Unless otherwise stated, all prices quoted by West Kunderang are:
A) inclusive of Goods and Services Tax (GST), or other government taxes; and
B) quoted in Australian dollars, unless quoted to the contrary.
5.2 All payments are to be made in Australian Dollars to West Kunderang using such payment methods accepted for from time to time.
5.3 All prices and tariffs quoted by West Kunderang or contained in a Quote are subject to change without notice.
5.4 West Kunderang recommend any Customer vising the Property take out travel insurance at or before the time of making a Booking for recovery of any costs, losses and expenses that will not be refunded under these Terms.
6. Breach of Terms:
6.1 All costs and expenses incurred by West Kunderang, as a result of a breach of the Terms by the Customer, shall be recoverable in addition to any other rights powers and remedies available to West Kunderang.
6.2 Notwithstanding any other clause in these Terms, West Kunderang reserves the right to request that any Customer who breaches these Terms leave the Property and no refunds or credits will be granted in such circumstances.
6.3 West Kunderang will not be liable for any loss or damage sustained whatsoever by a Customer as a result of a breach of the Terms.
6.4 As a result of the breach by a Customer of the Terms, the Customer will pay to West Kunderang on demand, all costs, expenses, charges and disbursements (including legal costs and expenses on an indemnity basis) that West Kunderang incurs as a result of the breach.
7. Conduct and Behaviour:
7.1 At its sole discretion, West Kunderang may at any time whatsoever refuse entry to the Property by any Customers or require any Customers already in attendance to leave the Property immediately.
7.2 West Kunderang reserves the right to refuse entry to any Customer bringing an animal onto the Property at their sole discretion.
7.3 Customers provide a warranty to West Kunderang that they will: a) not dump or leave rubbish on the Property and will remove all rubbish from the Property when they leave;
b) not dig trenches or gutters around tents or swags;
c) not feed Livestock, wild animals or native wildlife on or around the Property and keep all food supplies and scraps secure;
d) not camp in the way of the access roads to any part of the Property;
e) place all portable ablutions effluent in the soil waste holding tank provided onsite;
f) not bury effluent on the Property and will use facilities provided by West Kunderang where they are not otherwise self-sufficient campers;
g) not damage any property of West Kunderang and will pay for the reasonable cost of replacement or repair of any Damage;
h) only light fires in the established fire pits;
i) not cut down any trees for use as firewood or for any other purpose;
j) not use motorbikes or quad bikes on the Property and will not engage in any activities related to motocross, enduro or off-road riding;
k) not drive unlicenced on the Property including teaching non-licenced learner drivers;
l) not allow people to ride unrestrained on the back of vehicles on the property;
m) not use or bring any weapons or firearms onto the Property;
n) use any axe or chopping equipment in an appropriate and safe manner and will ensure that no children are left unattended with such equipment;
o) not use or bring any chainsaws onto the Property; and
p) abide by any Rules and Regulations, including tips for safe camping while on the Property.
7.4 A fee of $165.00 will be debited from the Customer’s credit card if they are found to have dumped rubbish, or not removed it from the Property when leaving.
7.5 A fee of $330.00 will be charged to the Customer’s credit card if they are found to have buried ablutions effluent being for the costs of clean up.
8. Risk:
8.1 Customers acknowledge and accept the inherent risk of all Activities and camping or residing in bushland and on a working cattle station generally.
8.2 Customers acknowledge that the Property is a working cattle station and that Livestock roam free range amongst camping areas and the Property, and Customers acknowledge that West Kunderang cannot control the actions of Livestock.
8.3 The risks pursuant to clause 8.1 and clause 8.2 include, but are not limited to, accident, falling limbs from trees, exposure to insects, snakes, spiders and other animals including Livestock on and around the Property and in camping areas.
8.4 Customers warrant that they will take all necessary and reasonable precautions to protect themselves from the risks including risk to self and damage to personal property.
8.5 Customers acknowledge that the risks associated with clause 8.1 can result in temporary or permanent injury or death.
9. Pets:
9.1 Any Customer who brings a pet onto the Property takes full responsibility for their pet and will use all necessary precautions to prevent harm to livestock, other animals and any Customer.
9.2 Pets are not permitted inside any toilet facility or to be left without restraint, even while on a campsite.
9.3 Pet faeces must be collected and disposed or in a responsible manner.
9.4 A cleaning fee will apply, and be charged to the Customer, for any breach of this clause.
9.5 By bringing a pet onto the Property, the Customer is providing a warranty that their pet is free from disease, healthy and current with all vaccinations.
10. Four Wheel Drive Vehicles (4WD):
10.1 Customers entering the Property with a 4WD agree and declare that:
A) they have satisfactory safety equipment on board the 4WD before entering any tracks;
B) any driver of a 4WD holds a current Australian Driver’s license or is permitted to drive the 4WD vehicle in Australia;
C) they have a comprehensive policy of insurance covering the 4WD;
D) they have a registered 4WD and will have evidence of registration with them at all times whilst on the Property;
E) they will not drive off the established tracks on the Property and will not enter any track marked as closed;
F) they will not drive whilst under the influence of an intoxicating substance; and
G) they will not drive at night or in wet conditions.
10.2 Any recoveries of a 4WD will be at the Customer’s expense and subject to the availability of West Kunderang to assist with such recovery.
10.3 West Kunderang provides no guarantees or representations about the safety or otherwise of the tracks on the Property.
10.4 West Kunderang reserves the right to close any or all of the tracks on the Property should conditions be deemed unsafe and no refunds or credits shall apply in this instance.
11. Warranties by West Kunderang:
11.1 West Kunderang warrants that:
A) there are no legal restrictions preventing it from hosting the Customer;
B) it will immediately notify the Customers of any litigation that may materially affect the ability of West Kunderang to host the Customer;
C) it will act lawfully and will comply with any applicable laws, regulations, industry codes of conduct and Australian Standards in performing the Services; and
D) it has complied with all applicable legislation, awards and industrial instruments in engaging or employing all persons who will perform the Services in accordance with this Agreement.
12. Indemnities:
12.1 The Customer agrees to indemnify and hold harmless West Kunderang against any loss or damage caused to them or their property or another person or their property during the period of their entry on the Property, howsoever incurred.
12.2 West Kunderang will not be liable for any loss or damages suffered by the Customer due to any issues resulting from:
A) use of any swing, hammock or otherwise recreational device brought on to the Property or constructed by anyone other than West Kunderang;
B) matters beyond the power and control of West Kunderang;
C) inclement weather and any consequential damage from same, including but not limited to property damage or personal injury;
D) anything caused by any of West Kunderang’s other Customers, invitees, assigns, contractors or suppliers;
E) a breakdown in any equipment;
F) falling limbs from trees;
G) injury from animal or insect;
H) injury from any Activity;
I) any loss contributed to or caused by the Customer;
J) any events or change in circumstances as result of any pandemic; or
K) an event of force majeure.
12.3 The rights and obligations under this clause 12 will survive termination of this Agreement.
12.4 The Customer agrees that neither West Kunderang or its servants, agents or contractors at any time pursuant to these Terms will in any circumstances (except where statute otherwise requires) be under any liability whatsoever (whether in contract, tort or otherwise) or for any consequential loss or injury of any kind whether such is caused or is alleged to have been caused by the negligence or wilful act or default of West Kunderang, its officers, servants, agents or contractors or by any cause whatsoever.
13. Limitation of Liability:
13.1 In the Event of a breach of these Terms by West Kunderang, any remedy available to the Customer is limited to damages. The Customer will not have any claim for damages greater than the value of the Goods or Services provided or to be provided under a Booking.
13.2 To the extent permitted by law and except as provided in these Terms, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, suitability or fitness of the Goods or Services for any purpose are expressly excluded. West Kunderang is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, design, function or use of the Goods supplied or acceptance of the Services provided by West Kunderang.
14. Legislation:
14.1 Nothing in these Terms is intended to have the effect of contracting out of any applicable provision of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
15. Variation, Waiver and Jurisdiction:
15.1 West Kunderang may vary or waive any of these Terms at any time at its sole discretion.
15.2 The waiver of any breach of a term or condition contained in these Terms does not constitute a waiver of another breach of the same or any other term or condition under these Terms.
15.3 The Customer acknowledges that the formation of all contracts between West Kunderang and the Customer is deemed to occur in the State of NSW and shall be governed by those laws.
15.4 These Terms are governed by the laws of NSW for the purposes of the interpretation and application of those Terms.
16. Entire Agreement:
16.1 These Terms represent and contain the entire Terms agreed between West Kunderang and the Customer in relation to the provision of Goods and Services by West Kunderang to the Customer and supersedes all prior negotiations and conversations.
17. Privity of Contract:
17.1 The Customer cannot and must not assign or attempt to assign any of its rights or obligations under these Terms without first obtaining West Kunderang’s approval and consent in writing, which may be refused and/or withheld at the sole discretion of West Kunderang.
18. Severability:
18.1 If any part or all of a clause of these Terms is deemed void, illegal or unenforceable, the offending part or clause may be severed from the Terms without affecting the enforceability of the remaining clauses of the Terms.
19. Privacy:
A) West Kunderang is committed to safeguarding the privacy of every Customer and any website visitors and adheres to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).
B) West Kunderang will, from time to time, receive and store personal information entered onto the website, provided directly or given by a Customer in other forms. Such information may include, but not be limited to, name, phone number, address and email address which may be stored to enable the sending of information, updates and to process a Booking.
C) West Kunderang may collect additional information at other times, including but not limited to, feedback, information about a Customer’s personal or business affairs, a change of content or email preference, responses to surveys and/or promotions, financial or credit card information, or any other communications.
D) West Kunderang collects personal information in a variety of ways, including when a Customer has an interaction electronically or in person, when accessing the website and when receiving Goods and/or Services. West Kunderang may also receive personal information from third parties.
E) West Kunderang may use personal information collected to provide information, updates, Goods, Services additional products and opportunities available to a Customer.
F) West Kunderang may contact a Customer or website visitor by a variety of measures including, but not limited to telephone, email, sms or mail.
G) West Kunderang may disclose personal information to any of its employees, officers, insurers, professional advisers, agents, suppliers or contractors insofar as reasonably necessary for the purposes set out in these Terms. Personal Information is only supplied to a third party when it is required for the delivery of Goods or Services or to comply with a legal requirement.
H) West Kunderang may also use Personal Information to protect the copyright, trademarks, legal rights, property or safety of West Kunderang, its customers or third parties.
I) Information collected by West Kunderang may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
J) If there is a change of control of West Kunderang or a sale or transfer of business assets, West Kunderang reserves the right to transfer to the extent permissible at law all user databases, together with any Personal Information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality.
K) By providing West Kunderang with Personal Information, the Customer or website visitor consents to the Terms in this Clause 18.
L) Whilst West Kunderang has in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure, West Kunderang provides no guarantee as to the security of any Personal Information transmitted by the Customer or website visitor or received by them.
M) A Customer or website visitor may request details of Personal Information held by West Kunderang in accordance with the provisions of the Privacy Act 1988 (Cth).
20. Website:
A) In addition to the collection of Personal Information, when visiting any website operated by West Kunderang, additional information may be collected including, but not limited to, certain information such as browser type, operating system and any website visited immediately prior. This information is used in an aggregated manner to analyse how people use the site, such that West Kunderang can improve its Services.
B) West Kunderang may from time to time use cookies on its website. Cookies are very small files which a website uses to identify you when a visitor comes back to the site and to store details about site usage. If cookies are rejected, full advantage of the website may not be available.
C) Where the West Kunderang website has links to other websites not owned or controlled by West Kunderang, such links are meant for your convenience only and do not constitute sponsorship or endorsement or approval of such websites.
21. COVID-19:
A) West Kunderang have implemented various COVID-19 related safety measures, processes and procedures at the Property (COVID Safe Plan) to ensure the environment is both safe and hygienic when you stay at the Property. Our safety measures were developed by taking guidance from published guidelines and hygiene policies and will be updated from time to time as new information is released by government authorities.
B) Whilst West Kunderang will ensure full compliance by its management, employees and contractors with the COVID Safe Plan, West Kunderang cannot accept any liability in the event of a Customer contracting an infectious disease (including COVID-19) as a direct or indirect result of complying or adhering to the COVID Safe Plan.
C) West Kunderang cannot however control the behaviour of other persons attending the Property and shall not be liable for any loss or damage to the Customer as a result of any matters arising from the situation with COVID-19 or in the event of a Customer contracting an infectious disease (including COVID-19).
D) West Kunderang is not in a position to validate or dictate their health and safety protocols to any third party service providers who may attend at the Property or assist with the provision of Goods or Services to the Customer.