Last updated: May 2021
These terms and conditions (Terms) are between you and Platypus Retreat (ABN 70 060 699 082) (we, our or us) and govern your use of our website located at platypusretreat.com (Website) and any reservation or stay at our premises. By accessing and using the Website, making a reservation or staying at our premises you agree to be bound by and abide by these Terms.
Part A – Use of Website
1. INFORMATION ON THIS WEBSITE
All information and other material (including text, graphics, podcast, videos, photos, information, designs, data and other content) set out on our Website (Content) is provided for general information purposes only.
We make no warranty about the accuracy, completeness, reliability or timeliness of the Content. You are solely responsible for the consequences of your use of any Content, including any decision to act or not act on the basis of the Content.
The Website may be accessed from outside Australia. We make no representation that the Content or Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
2. OWNERSHIP OF CONTENT
Copyright and all other intellectual property rights in Content contained on the Website is owned by us or our licensors unless otherwise indicated.
While you may browse or print the Content for non-commercial, personal use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of the Website for any other purpose.
All product and company names referred to in this Website are the property of their respective owners.
3. USER CONTENT
We don’t claim ownership of any content you provide to us through or in connection with the Website (User Content). However, by providing User Content to us, you grant us a worldwide, irrevocable, perpetual, royalty-free, sub-licensable licence to use, reproduce, modify, communicate to the public and adapt that content, on this Website and through any other means.
4. THIRD PARTY SITES
We may provide links to third party sites for your convenience (Links). We have no control over third party sites. These Terms do not apply to third party sites and you should review the terms and conditions of the applicable third party website before using that website.
Although we have used reasonable endeavours to review the Links, we make no representation or warranty as to, and we are not responsible for, the accuracy, legality, decency or any other aspect of any material located at the Links or the services provided by these third parties (including in relation to our products and services). The inclusion of a Link does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, third party goods or third party services referred to on it.
Part B – Bookings
5. BOOKINGS, CANCELLATIONS AND REFUNDS POLICY
Bookings will be charged at the rates displayed on our Website as at the time of booking. Booking fees will apply if specified on our Website. Our rates and fees are subject to change from time to time. A deposit of one night accommodation minimum must be paid at the time of booking.
If you cancel your booking more than 24 hours before the check-in time for your booking, we will refund to you your deposit in full, including any booking fee. You acknowledge that if you cancel your booking less than 24 hours before the check-in time for your booking, you will forfeit your deposit (including any booking fees) and will not be entitled to a refund.
If you modify your booking in a way that results in the cancellation of any part of your stay with us, the cancellation terms above apply (including if you modify your booking after check-in).
Accommodation fees (less any deposit paid) must be paid in full on check-in. If you do not check-in on the booked date, you will be charged the full accommodation fee for your booked stay.
6. CARAVAN / RV PARKING SITES
We offer access to Caravan / RV parking sites as described on this Website. We do not guarantee the fitness for use of Caravan / RV sites. Sites will usually be reverse into position were allocated (we do not have facilities and dump points accessible but are available in Smithton). Caravans / RV’s are to be fully self-sufficient and fitted with grey water tanks. It is essential to make a reservation confirming your site requirements to ensure availability and suitability with respect to the specific requirements of your vehicle. Additional charges may apply for particular facilities, please contact us to confirm applicable charges.
Check-in for caravan / RV parking sites is available 3:00pm. Check-out is strictly by 10:00am. Please note that late check-outs incur a fee of $10.
Caravan / RV parking is at own risk and the owners will not accept or be liable for any loss or damage to vehicles or equipment.
7. B&B ACCOMMODATION
We offer B&B accommodation as described on this Website. Accommodation is not serviced daily unless specified or arranged separately with us. Additional charges may apply.
Inclusions are as shown on the booking confirmation page.
Check-in for B&B accommodation is available from 3:00pm. Check-out is strictly by 10:00am. Please note that late check-outs incur a fee of $30.
8. PETS
You are permitted to bring registered companion animals onto our premises if we provide approval in writing in advance of your arrival. No other animals are permitted on the premises. Please contact us directly to discuss your pet and travel needs.
9. CONDITIONS OF YOUR STAY
If requested on check-in, you must provide valid government-issued photographic identification. Bookings must be in the name of the guest checking-in. If you are unable to provide such identification, your booking may be cancelled and you may be liable to pay us the full accommodation fee for your booked stay.
When staying at our premises, you must (and must ensure that any guests you invite to the premises):
a. not behave in a manner which is disruptive or threatening to us or other guests;
b. not behave in a manner which is illegal, or use our premises for any illegal purpose;
c. not smoke in any part of the premises other than areas marked as smoking areas (if any);
d. ensure that children aged under 18 are supervised by an adult at all times; and
e. comply with our reasonable directions during your stay.
If you or your invitees breach this clause 9, we may ask you to leave the premises immediately and you will not be entitled to a refund of any amounts paid to us for your stay.
10. NON-EXCLUDABLE OBLIGATIONS
To the extent that you acquire goods or services from us as a ‘consumer’ (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of this agreement to be void (Non-excludable Obligations).
11. SEVERANCE
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
12. DISCLAIMER
The Content on this Website is provided “as is”. Except in relation to Non-excludable Obligations, we expressly exclude all conditions, warranties, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on us.
Except in relation to Non-excludable Obligations and to the extent permitted by law, we have no liability whatsoever to you (including because of our negligence) for any type of direct or indirect loss or liability incurred by you or any other person under or in connection with your use of this Website (including any Content or in connection with any Link) or your reservation or stay on our premises, however incurred, including (without limitation) any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to property, reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any direct, indirect, economic, special or consequential loss, harm, damage, cost or expense (including legal fees).
The Content on this Website is provided on the basis that all persons accessing this Website undertake the responsibility for assessing the accuracy of its content and that they rely on that Content entirely at their own risk.
13. LIABILITY ON PREMISES
To the extent permitted by law, you acknowledge and agree to indemnify us for direct or indirect loss or liability we suffer arising from damage to tangible property, personal injury and / or death caused by you or your invitees at our premises, whether by act or omission.
14. GST
All prices specified on our Website and in these Terms are inclusive of GST.
15. FORCE MAJEURE
We are not liable for any delay in or failure to provide services available via the Website, failure to provide accommodation services or failure to comply with these terms, where the failure was due to any cause beyond our reasonable control, including acts of God, acts of nature, actions or inaction of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties (Force Majeure Event). In circumstances where a Force Majeure Event prevents us from being able to offer you accommodation, we reserve the right to cancel your booking and offer you either:
a. a full refund; or
b. to rebook your stay for alternative dates.
For the avoidance of doubt, any change in government restrictions and / or guidelines due to the COVID-19 pandemic that prevent us from offering accommodation services will be a Force Majeure Event under this section.
16. MODIFYING THE SERVICES
We may modify, suspend or discontinue the services available via the Website from time to time in our absolute discretion.
17. CHANGES TO TERMS
We may change these Terms at any time without notice to you. You agree to be bound by the changed terms if you use this Website, make a reservation or stay at our premises after the terms have changed.
18. APPLICABLE LAW
These Terms are to be construed in accordance with, and are governed by, the laws of Tasmania, Australia. By using this website, making a reservation or staying at our premises you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Tasmania, Australia in relation to any dispute relating to these Terms.
19. ENQUIRIES
If you have any questions about these Terms (including your privacy rights), you can contact us at:
Platypus Retreat
171 Back Line Rd
Forest TAS 7330 Or by email to: info@platypusretreat.com
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