Terms & Conditions
1.0 Short Term Rental Agreement
1.1 This agreement (the Agreement) is between the Host and the Guest (the Parties) for the short term rental of the Property for Accomodation and/or Events as agreed between the Parties.
1.2 This Agreement and the related Terms and Conditions are accepted by the Guest by payment to the Hosts of a Deposits and/or Fees relating to the Booking, in part or in full, or by written communication by the Guest confirming a Booking with the Hosts.
2.0 The Parties
2.1 The Hosts are the owners of the Property, Brad Bennett and Adriana Bennett, trading as Twin Creeks Rainforest Retreat.
2.2 The Guest is the Party specified in the Booking that is renting the Property.
2.3 Other Guests means third parties invited by the Guest to stay in the Accomodation at the Property.
2.4 Participants mean third parties that attend an Event(s) held by the Guest at the Property.
3.0 The Property
2.1 The Property is 899 Brush Creek Road, Cedar Brush Creek, NSW, 2259 as set out under DP804594.
2.2 The Accomodation is the dwelling on the Property and/or designated camp sites made available to the Guest for temporary use during the Stay under the terms of this Agreement.
2.3 An Event at the Property includes activities held on the Property by the Guest whereby they invite other Participants in addition to Other Guests to participate the activities. An Event is not authorised unless it is set out in the Booking.
4.0 The Booking
4.1 The Booking means the Hosts offer to rent the Property to the Guest for the purpose of Accomodation and/or the holding of an Event by the Guest at the Property, as set out in an Invoice or other written communication between the Hosts and the Guest.
4.2 The Hosts reserve the right to charge commissions for the provision of services by third parties and all third party service providers must be approved by the Hosts.
5.0 The Stay
5.1 The Stay will be set out in the Booking and is the period of time between Check-in and Check-out or as otherwise agreed between the Guest and the Hosts. Specifically,
5.1.1 Check-in means the date and time when the Guest will arrive at the Property to commence their Stay and will not be before 3:00PM without prior approval of the Hosts.
5.1.2 Check-out means the date and time when the Guest must depart the Property following their Stay and will not be after 11:00AM without prior approval of the Hosts.
6.0 Deposits and Fees
6.1 The fee payable by the Guest to the Hosts will be set out in the Booking and relates to the Accomodation at the Property and/or the right to access and use the Property for an Event as well as such things as cleaning, repairs, commissions and/or claimable costs associated with the Guest’s Stay at the Property or as otherwise set out in the Booking.
6.2 The Guest will be asked to make advanced payments to the Hosts in relation to the Booking and these will include:
6.2.1 Holding Deposit: A percentage of the Fees charged by the Hosts in relation to a Booking to enable the Hosts to block bookings from another prospective guest for the period of the Stay.
6.2.2 Security Deposit: Means the amount set out in the Booking that must be paid by the Guest to the Hosts for set-off against any unexpected claim for loss, damage or ancillary costs incurred by the Hosts in relation to the Stay. This deposit is refundable by the Hosts to the Guest within 7 days in the event that there is no claim against the Guest.
6.3 All Fees and Deposits must be paid by the Guest prior to Check-in.
7.0 Use of the Property
7.1 The Property is to be used for Accomodation purposes only by the Guest and the Other Guests invited by the Guest.
7.2 With the permission of the Hosts, the Guest may hold an Event(s) provided it is stated in the Booking and approved by the Hosts.
7.3 The Guest agrees to abide by all House Rules which are attached to this Agreement as Exhibit A.
8.0 Responsibilities of the Guest
8.1 The Guest agrees to:
8.1.1 Maintain the Property in good condition and to protect the property during the Stay.
8.1.2 Inform the Hosts of any damage, losses or other issues in relation to their Stay.
8.1.3 Refrain from engaging in illegal activities or causing a disturbance to neighbours.
8.2 The Guest agrees to ensure that Other Guests, Event Participants and any Third Party Service Providers abide by the responsibilities of the Guest and to take personal responsibility for any damage, losses or other issues caused by these third parties.
8.3 The Guest confirms that they have read and understood Exhibit A as regards House Rules and Important Information respectively.
8.4 The Guests hereby acknowledge that bad reviews and publicity may adversely affect the ability to earn income and run a business from the Property. As such they agree to refrain from making or promoting false and misleading statements and reviews and to take all reasonable steps to prevent such views from being perpetuated.
8.5 The Guest confirms that they have familiarised themselves with the Directions, the Safety Notice, Welcome and the Facilities on this website.
9.0 Responsibilities of the Hosts
9.1 The Host agrees to:
9.1.1 Ensure that the Property is clean and in good condition at the start of the Stay and that all the amenities listed on this website are available and in good working order.
9.1.2 Make reasonable efforts to resolve any issues reported by the Guest during the stay.
10.0 Cancellations and Refunds
10.1 A booking may be cancelled by the Guest or the Host at any time in writing by email or phone (at the email address / phone number provided).
10.2 In the event of cancellation by the Host, the Guest shall be provided a refund amounting to:
10.2.1 Prior to check-in: 100% of the fees paid by the Guest.
10.2.2 During the Stay: Proportionately based on the period of the booking prior to cancellation compared to the entire booking period.
10.2.3 In the event of breach of these terms and Conditions by the Guest: Refund is at the absolute discretion of the Hosts.
10.2.4 Where cancellation by the Host is due to events outside the control of the Hosts including, but not limited to, severe weather, storm damage, power outages and other events that materially affect the ability of the Guest to use the Accommodation or hold an Event, the refund is at the absolute discretion of the Hosts.
10.3 In the event of cancellation by the Guest, but subject to a breach of these terms and conditions by the Client, the Client shall be provided a refund amounting to:
10.3.1 More than 8-weeks prior to check-in – 100%;
10.3.2 Between 4 to 8-weeks prior to check in – 50%;
10.3.3 Between 1 to 4-weeks prior to check in – 25%; or
10.3.4 Less than 7-days prior to check-in – 0%.
10.4 Refunds will be reduced by any ancillary costs associated with the Booking incurred by the Hosts.
10.5 In the event of breach of these Terms and Conditions by the Guest any refund paid is at the absolute discretion of the Hosts.
11.0 Liability
11.1 The Host shall not be liable for any accidents, injuries, or losses sustained by the Guest during the Stay, except to the extent caused by the Host's gross negligence. The Guest assumes responsibility for their safety and the safety of all Other Guests, Event Participants and Third Party Service Providers.
12.0 Dispute Resolution
12.1 Any disputes arising from this Agreement shall first be resolved by direct negotiation. If unresolved, the parties agree to submit the dispute to mediation, with costs shared equally. If mediation fails, either party may bring the dispute to a court of competent jurisdiction in New South Wales Australia.
13.0 Governing Law
13.1 This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia.
14.0 General
14.1 This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements or understandings. Any amendments must be in writing and signed by both parties.
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EXHIBIT A: HOUSE RULES
Pets are only permitted on the Property with notification by the Guest and the prior approval of the Hosts. All pets should be kept off the furniture and the Guest acknowledges that additional charges may levied on the Guest by the Hosts to repair any damage caused or residual smell left by the Guest’s Pets.
There is no smoking, vaping or consumption of illegal substances permitted inside the accomodation and the Guest acknowledges that additional charges may levied on the Guest by the Hosts to address any residual smells.
Food and rubbish should not be left outside during the Stay as it attracts unwanted native animals and feeding the goannas is strictly prohibited.
Doors should remain closed to prevent native animals entering the property, including snakes that can roam looking for mates at certain times of the year.
Check-in is at 3:00PM and Check-out is at 11:AM, unless explicitly agreed by the Hosts. The Hosts reserve the right to charge additional Fees to the Guest for failure to follow these times.
The number of Guests/Pets and/or Event Participants and Third party Service Providers must be notified by the Guest when Booking. The Hosts reserve the right to charge additional Fees to the Guest if they exceed these numbers.
The Property is a peaceful retreat and excessive noise travels in the valley. The Guests agree to refrain from making excessive noise without explicit permission of the Hosts. Any costs incurred by the Hosts in dealing with noise complaints relating to the Stay may be charged to the Guest.
The Guest agrees not to trespass on neighbouring properties. Any costs incurred by the Hosts in dealing with trespass complaints relating to the Stay by the Guest may be charged to the Guest.
Use of the Property for Events, parties, motor cycling, hunting, four wheel driving, caravanning, camping, trapping, or other such activities aside from passive use of the property for accomodation is strictly prohibited without the express permission of the Hosts. Such unauthorised activities may result in additional charges to the Guest.
Use of the Property for illegal activities is strictly prohibited and will be reported to the authorities.
All appliances should be turned off and any fires extinguished when the Guest leaves to prevent additional charges.
Open fires are not permitted on the Property except in the designated areas. It is noted that even those areas may not be used if there is a fire ban in place.
The Guest should clean the property and leave it in a similar state of cleanliness as it was found to prevent additional cleaning charges to the Guest. Specifically, the Guest should ensure:
a) All dishes are washed and put away;
b) All cooking appliances (including the barbecue) are cleaned;
c) All used surfaces are wiped down;
d) All rubbish is collected and put in the bins provided at the top of the driveway for collection;
e) Bed clothes are stripped from the bed and collected with towels and left in a pile near the front door;
The Guest should ensure all items brought onto the Property are removed by Check-out to prevent charges for disposal of unwanted items.