TERMS AND CONDITIONS

General

This website (Site) is operated by A.S. N.S. Pty Limited ATF the A.S.N.S Trust (ACN 611 607 991) (we, our or us). It is available at: kittawalodge.com and kittawalodge.com.au, and may be available through other addresses or channels.

How you consent to these Terms

If you:

you are taken to have fully read and agreed to these terms and our Privacy Policy (which is also available on our Site) (Terms).

Please read these Terms carefully – if you don’t agree to them, then you must cease using our Site, or withdraw from the booking process prior to making a booking, immediately.

When we make changes to these Terms

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms.

Any changes to our Terms will apply to you even though you may have booked your stay with us prior to any variations or amendments to these Terms being published by us.  Again, we recommend you check our Site regularly to ensure you are aware of our current terms and how these Terms impact on your booking or reservation.

Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Use of our Site

The following Terms apply to your use of our Site, including the submission of your ‘contact us’ or booking form and your participation in the booking process following the submission of your ‘contact us’ or booking form.

Your licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Conduct we don’t accept

When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us or our Site into disrepute. This includes (without limitation):

Competitors are excluded from using our Site

You are prohibited from using our Site, including our Content, in any way that competes with, or prejudices, our business, our brand and/or our reputation.

Information

Please note that our Content is not comprehensive and is for general information purposes only. Our Content does not take into account your specific needs, objectives or circumstances, and it is not advice.

While we use reasonable attempts to ensure the accuracy and completeness of our Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of our Content. Your use of our Site and your use of, and access to, any Content does not grant or transfer to you any rights, title or interest in relation to our Site or our Content. You must not:

Third party sites

Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites and the content on those websites.

What happens if we discontinue our Site

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability (as defined in these Terms) you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or our Content, including (without limitation) that:

You read, use and act on our Site and our Content at your own risk.

Enquiries and Bookings

The following Terms apply to your enquiry, booking and reservation with us, including the payment, confirmation, variation or cancellation of your booking or reservation.

Making a booking

You may book accommodation and/or packages from us, using the booking process on our Site or by contacting us directly. We may, at our discretion, accept or reject any booking, for any reason.

You acknowledge and agree that each lodge is available for up to a maximum of two adults, and that we are an adults-only property.

If we confirm availability for your requested dates, an email will be sent to you, including details of the proposed booking, the total price of your proposed booking and a link to these Terms (Quotation Email). It is your responsibility to check the booking details provided in the Confirmation Email, as well as to review these Terms, before paying our invoice.

You acknowledge and agree that the rates and prices referred to in the Quotation Email will only be valid for seven days after the issue of the Quotation Email and, after that date, will at all times be subject to change.

Your booking, as set out in the relevant Quotation Email, will only be complete and/or confirmed if we have received your payment of the invoiced amount set out in the relevant Quotation Email (Amount) in full (by cleared funds into our nominated account), in accordance with these Terms, and at the time of receiving payment of the Amount in full the dates the subject of the Quotation Email remain available.

Until your booking is complete, and you have received an email directly from us confirming that your booking has been completed and confirmed (Confirmation Email), we are under no obligation to, and we will not (unless and to the extent we expressly state otherwise to you in writing), hold or secure any dates for you. We may, at any time before or after sending the Quotation Email to you, receive, engage in and/or respond to other enquiries from, and/or otherwise communicate with, third parties in relation to the dates the subject of the relevant Quotation Email.

Until you have received your Confirmation Email, you acknowledge and agree that the availability of the dates the subject of the relevant Quotation Email, and/or the inclusions specified within your Quotation Email, will at all times be subject to availability.

We will have no responsibility, and will not be liable, for any costs, expenses and/or loss you may suffer or incur if the availability of the dates and/or inclusions the subject of the Quotation Email changes.  We strongly recommend that you do not book any flights, hire cars or any other incidental aspect of your travel plans until you have received your Confirmation Email.

Once your booking is complete, you may not change or cancel your booking other than strictly in accordance with these Terms.

Payment of the Amount

The Amount is determined by us, including by having reference to the accommodation and package(s) you have selected during the booking process, and will be set out in the relevant Quotation Email or subsequent email sent by us to you revising the Quotation Email (as relevant).

The Amount is to be paid to us using the payment method prescribed within the Quotation Email and/or in accordance with the payment terms in our invoice. You must pay the Amount in full prior to the completion and/or confirmation of your booking. We may cancel your booking, or accept other bookings, if the Amount is not paid to us in full in accordance with these Terms.

You acknowledge and agree that the Amount will be held by us and may be used by us for whatever purpose and, in any event, is not held on or in trust by us, and any interest earned on the Amount will be solely owned by us.

Your responsibility to provide us with information

It is your responsibility to promptly provide us with all information requested by us during your enquiry, within your Confirmation Email and/or any other time prior to your stay with us.

We will not be responsible, and you will not be entitled to any refund or credit, if any food provisions, meals or other package inclusions (including, by way of example, massages or other in-lodge treatments or sessions) are not available, where this has resulted from your delay in providing, or your failure to provide, information requested by us (including, by way of example, your dietary requirements or your preferred dates for your in-lodge dinners, treatments and sessions).

Cancellations

Following your payment of the Amount, if you cancel your booking with us:

Transfers

Your booking is personal to you and you may not transfer your booking to another person. If you are unable to stay with us, as provided for in your Confirmation Email (or as varied by us in writing), the cancellation terms (above in these Terms) will apply.

We may allow you to transfer your booking, or any part of the Amount paid by you, to another person, however we will have no obligation to do so, and this allowance will be made in our absolute discretion (and may be subject to conditions, including, without limitation, the payment of a AU $100 administrative fee to compensate us for the reasonable costs we may incur in relation to the change).

Changes you wish to make to your booking

We understand that your travel plans or circumstances may change. You must notify us of any change to your booking at least 14 days prior to the commencement of your stay with us, but in any event as soon as possible before you stay with us.  No changes will be accepted, if requested less than 14 days prior to the commencement of your stay with us.

Your request for a change will be subject to our approval (which may be given or withheld in our absolute discretion, for whatever reason, and may be given subject to our conditions) and, in any event, will at all times be subject to the availability of your desired change (including changes to dates, inclusions and packages) (New Booking).

You acknowledge and agree that the New Booking may involve additional rates, fees and costs, such as, by way of example only, additional inclusion or package costs, or increased nightly rates where there is a change in date (including where the rates at the time of your original booking are no longer applicable or available) (Additional Costs).  Prior to the New Booking being confirmed, you must pay the Additional Costs to us in full.

If we confirm that the New Booking is available and is otherwise acceptable to us (in our absolute discretion), and you confirm that you wish to change your booking:

(each a Change Fee).

We may waive the Change Fee, or any part of the Change Fee, however we will have no obligation to do so, and this waiver will be made (or not) in our absolute discretion.  You authorise us to charge or debit your credit card or debit card, the details of which you provided to us through the booking process, to collect (or receive payment for) the Change Fee.

If we do not confirm the New Booking, you may decide to either continue with your existing booking or otherwise cancel your booking (in which case, the terms relating to the cancellation of bookings above will apply).

Changes we may make to your booking

Your booking may be subject to change by us, including due to unexpected or unforeseen circumstances or events or due to family, staffing, resourcing or personal reasons.

If we are unable to satisfy any aspect of your booking, for reasons outside of your reasonable control, we will notify you as soon as practicable if we need to cancel or reschedule your booking, or remove or change any inclusions from your booking, and we will use our reasonable endeavours to reschedule the booking at an alternate time, or add alternative inclusions, as the case may be, as agreed between you and us (acting reasonably).

If we cancel your booking, for reasons outside of your reasonable control, and we cannot find an alternate time agreeable between you and us (acting reasonably), you will receive a refund of the Amount that had been paid by you to us.

Other than the amount payable under the preceding paragraph (if any), you will not be entitled to any other payments and/or compensation from us, and you release and discharge us from all claims, costs, expenses and/or liabilities, on any basis whatsoever, arising from or in connection with the cancellation of, or change to, your booking.

What happens if your stay has already been vacated and/or rescheduled due to COVID-19?

If, during 2020, 2021 or 2022, you were offered (by us in writing to you) a complimentary rescheduling of your stay as a result of COVID-19, you acknowledge and agree that the Amount has been, and will continue to be, retained by us, and your booking has been, or will be, postponed until such time as you and/or us are able to satisfy your booking (as agreed between us and you, acting reasonably), provided such date is no later than the end of:

If your rescheduled stay has not been confirmed by us (in writing to you) within the above period of time (as applicable), the Amount will immediately, and without further notice to you, be converted to a credit (such credit will be personal to you and will be credited against any future stay you book with us, provided such stay commences within 3 years from the date of the commencement of your originally scheduled stay – beyond that date, your credit will expire and the Amount will be forfeited).

Where you have been offered a complimentary rescheduling of your stay by us as a result of COVID-19, any rescheduling will be, and is, subject to our availability at the relevant point in time.

You acknowledge and agree that any rescheduled stays under this section may result in us incurring additional third party costs in relation to your package, including, by way of example only, increased car hire or flight costs (where the base costs of those package inclusions, if applicable, have increased since your original date of booking) (Increased Third Party Costs).  You must pay the Increased Third Party Costs applicable to your rescheduled stay.

You acknowledge and agree that:

What happens if borders are open but you cannot stay with us due to COVID-19?

To the maximum extent permitted by law, you acknowledge and agree that, if you are unable to check-in with us on your scheduled date of stay, and the reason you are unable to do so arises from, or is caused or contributed to by, you or any of your travel companions have tested positive to COVID-19, then you will not be entitled to a complimentary rescheduling of your stay and/or a credit and/or a refund (you will forfeit the full Amount – no refund will be made to you and you agree that we will be entitled to retain (for any use or purpose) the full Amount).

You acknowledge and agree that, to the maximum extent permitted by law, we will not be responsible for (and you release and discharge us from) any and all costs, expenses, loss and/or damage you suffer or incur, or you may suffer or incur, arising from or in connection with your compliance with any requirement or directive of the Tasmanian Government, the Federal Government of Australia and/or any relevant Governmental border or health authorities arising from or in connection with COVID-19.

What happens if you need to get tested for COVID-19 during your stay with us?

You acknowledge and agree that King Island, Tasmania has limited health services and resources and that you may not be able to obtain certain health services (including COVID-19 testing) during your stay with us.  You also acknowledge and agree that there may be delays in receiving test results from the relevant health service providers on King Island, Tasmania, including in circumstances where you may require a negative test result prior to arriving back to your home State or Territory.  To the maximum extent permitted by law, we will not be responsible for (and you release and discharge us from) any and all costs, expenses, loss and/or damage you suffer or incur, or you may suffer or incur, arising from or in connection with the absence of, or any delay in or resulting from the provision of, health services (including in relation to COVID-19 testing) on King Island or Tasmania.

You are, and will at all times be, solely responsible for any testing (including booking in advance any such testing and arranging for the timely receipt of the results of any such testing) which may be required to enable you and/or your travel companion to comply with any requirement or directive of the Tasmanian Government, the Federal Government of Australia, the Government of your home State or Territory and/or any relevant Governmental border or health authorities arising from or in connection with COVID-19.

Travel insurance

We highly recommend holding and maintaining all appropriate and sufficient travel insurance prior to staying, and during your stay, with us, including without limitation with respect to the risks associated with COVID-19 and/or travelling during a pandemic.

To the maximum extent permitted by law, we accept no responsibility for your failure to do so, nor will we be liable for any claim for which, if you had held and maintained such travel insurance, you would have been (or would likely have been) entitled to claim the recovery of insurance proceeds (in part or in full).

Access to Kittawa Lodge

Subject to this section, you will be granted a non-exclusive and revocable licence to access such part of the property known as Kittawa Lodge, located at 1272 South Road, Pearshape, Tasmania, Australia, 7256, as is necessary for you to arrive at, or depart, the specific lodge to which you have been assigned and to stay within that lodge.  This right of access is personal to you and is not capable of being transferred, assigned or novated to anyone else.

Your right of access will commence at 3.00pm (AEST or AESDT, as applicable) on the date of your scheduled arrival, and will expire and cease at 10.00am (AEST or AESDT, as applicable) on the date of your scheduled departure (as specified in your Confirmation Email, or as otherwise confirmed by us in writing).  You are not entitled to any access to our property outside of this period.

You acknowledge and agree that you are not entitled to any right of possession, or any other access or proprietary right, entitlement or interest in or in connection with our property (or any improvements on our property) other than as is expressed in this section of these Terms.

When driving on our property, you must keep to the gravel roads at all times, you must travel at a speed of no more than 40km/h and otherwise comply with all traffic and driving rules and regulations as if you were driving on a public road, and you must only park in your assigned gravelled parking bay.  You must not park or drive on any vegetated areas.  When walking on our property, you must keep to the assigned paths at all times. It your responsibility to keep our property in good repair, and you must not cause or contribute to any loss of, or damage to, any aspect of our property, including any vegetation.

You acknowledge and agree that your right of access is limited to your short-term accommodation within your specified lodge for the duration of your stay, and does not extend to any other use or purpose.

We, and our directors, officers, contractors and employees, will at all times be entitled to access your lodge and any property in, on or around your lodge, including (without limitation) for the purposes of cleaning, maintenance, guest relations, servicing the lodges, or otherwise to check on your welfare and the welfare of others and/or the state of cleanliness, security and repair of the lodge and its surrounds (irrespective of whether you are in the lodge or not).  You must at all times provide access to all such areas to us, our directors, officers, contractors and employees.

You acknowledge and agree that we may exclude you, and any persons travelling with you, from our property if you or them do not comply with any of these conditions of access and, if we do, you must immediately comply with all of our reasonable directions and requirements, including to immediately leave our property.

Damage, theft, purchases and incidentals

During your stay, you will be permitted to purchase beverages (including alcohol), artwork and other goods and products specifically listed for sale or purchase in your lodge. If you open, use, consume, damage and/or purchase any such items (or otherwise remove any such items from our premises), the specified cost for that item will be charged to your account (Purchase Cost) and you must pay the Purchase Cost to us prior to your departure. You authorise us to charge or debit your credit card or debit card, the details of which you provided to us through the booking process (or otherwise provide to us prior to, during or after your stay with us), to collect (or receive payment for) the Purchase Cost.

If we consider that you, and/or any person travelling with you (and/or any person you invite to our premises and/or property), cause or contribute (by act or omission) to any loss or damage to (or theft of) any property (including real or personal property) owned, leased or licensed by or to us (or owned, leased or licensed by or to any of our directors, officers, employees or contractors), we may reasonably assess the likely costs of replacing and/or rectifying the lost or damaged property (including freight and logistics costs and other incidental costs), and/or any other loss or damage which may likely result or arise from such loss or damage, and recover such costs, loss and damage from you (Loss). You must immediately pay us the Loss, upon demand by us. You authorise us to charge or debit your credit card or debit card, the details of which you provided to us through the booking process (or otherwise provide to us prior to, during or after your stay with us), to collect (or receive payment for) the Loss.

You acknowledge and agree that you are responsible for securing your lodge, and for taking reasonable steps to keep your lodge clean and tidy, at all times during your stay.  We at all times reserve the right to charge you for any additional costs (which will include the costs associated with any cleaning and/or laundry required in excess of what would ordinarily be required) we suffer or incur in cleaning and/or servicing your lodge, should we consider that such additional costs are the result of your failure to maintain a reasonable state of cleanliness in your lodge.  You authorise us to charge or debit your credit card or debit card, the details of which you provided to us through the booking process (or otherwise provide to us prior to, during or after your stay with us), to collect (or receive payment for) these additional costs.

Car hire and flights

If you hire or lease any vehicle from King Island Car Rentals or from any other third party, and/or you are a passenger on any flight on your way to or from us, you will be solely responsible for the risks and costs associated with that vehicle or aircraft and/or the hiring or flight and/or use of that vehicle or aircraft, including any loss or damage which is caused or contributed to or by that vehicle and/or its use by you or others.

If any hire vehicle or flight is comprised in any of our packages, you acknowledge and agree that:

Package inclusions and other services

As part of your stay with us, you may purchase and/or otherwise use or consume goods, products and/or services, including, without limitation, using or consuming food products, beverages, body products, cleaning products and/or sanitary items, and/or participating in tours, massages, yoga, meditation or relaxation sessions, reflexology sessions, walking trails and/or any other activity not prepared or provided by one of our employees or directors (Goods and Activities).

Unless expressly stated otherwise by us in writing, all Goods and Activities are provided or supplied by independent third parties, and, to the maximum extent permitted by law, we are in no way responsible for any defect or omission in, and/or personal injury, illness or death, and/or any loss or damage, arising from or in connection with, any Activities and/or your involvement or participation in, or use or consumption of, those Goods and Activities.

Offers and promotions

If, at any time, we provide or notify you of any offer or promotion (including through a third party or a third party platform such as Facebook or Instagram), including discounted nightly rates and/or complimentary inclusions, you agree that these offers and promotions are:

Without limiting the above, if you have stayed with us previously and have been provided (in writing by us) with a Friend of Kittawa (or similar expression or title) discount or offer, you acknowledge and agree that this offer or discount was, and is, provided for your second stay with us only (and not any stay beyond that). For the avoidance of doubt, the discount provided applies to the accommodation costs only, and not to any costs associated with any other package inclusions (including, catering, dinners, massages, in-lodge treatments and sessions, alcohol and the like).

Occupancy and additional persons

You acknowledge and agree that each lodge is available for up to a maximum of two adults (utilising one king-sized bed sleeping configuration) and that we are an adults-only property.

Additional persons may be permitted to stay in a lodge, but only to the extent express consent has been provided by us in writing to you and you have paid all additional fees advised to you prior to confirming your reservation. If such consent has not been given by us in writing, you acknowledge and agree that we are under no obligation to accept entry to our property of such persons and we may, in our absolute discretion:

You authorise us to charge or debit your credit card or debit card, the details of which you provided to us through the booking process (or otherwise provide to us prior to, during or after your stay with us), to collect (or receive payment for) these additional costs.

Consumption of alcohol

You acknowledge and agree that alcoholic beverages are provided in your lodge for your purchase throughout your stay and, on this basis, you are not entitled to bring any other alcoholic beverages on to the property or in to the lodge.  If you bring any alcoholic beverages on to the property, and consume that alcohol during your stay on our property or in your lodge, we will be entitled to charge you a fee of $25 per bottle of alcohol consumed, to compensate us for our reasonable assessment of the additional costs we may incur in servicing and cleaning your lodge.

You authorise us to charge or debit your credit card or debit card, the details of which you provided to us through the booking process (or otherwise provide to us prior to, during or after your stay with us), to collect (or receive payment for) these additional costs.

Miscellaneous

Content you upload or share

We encourage you to interact with our Site and our endorsed social media profiles!

You may be permitted to post, upload, publish, submit or transmit relevant information and content on our Site, another website or through the use of a social media site (User Content).  If you make any User Content available on or through our Site, any other website or a social media site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site, any other website and/or any social media site and/or for any marketing purpose. You agree that you are solely responsible for all User Content that you make available on or through our Site, any other website and/or through the use of a social media site.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content, including from our Site or our social media site.

Our liability is limited

To the maximum extent permitted by law, we (and our directors, officers and employees) are not responsible, and you must not make any claim against us (and our directors, officers and employees), for or in relation to any loss, damage or expense, howsoever arising and on any basis whatsoever, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability), suffered or incurred by you or any third party, arising from or in connection with:

This limitation continues after these Terms end.

Indemnity

To the maximum extent permitted by law, you must indemnify (and hold harmless) us, and our directors and officers and employees, against any Liability suffered or incurred by us arising from or in connection with:

This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end, and you will be liable under this indemnity upon demand by us. It is not necessary for us (or our directors, officers or employees) to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Credit card payments

You agree that all credit card payments will attract a 1.5% surcharge (or such other higher surcharge as is notified to you from time to time), which will be added to the amount quoted or provided to you by us. You agree to pay this surcharge.

You agree, by providing your credit card details to us at any time, to us charging your credit card (including without prior or further notice to you) for any and all:

Terminating these terms

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Dealing with a problem

If you would like to give us feedback, please contact us – we appreciate your input.

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution as soon as possible (and, in any event, within 7 days). Within 7 days after receiving the notice, the parties must, by persons who have the authority to reach a resolution on behalf of the party, meet at least once to attempt to resolve the Dispute, or agree on the method of resolving the Dispute by other means, in good faith (such meetings may be in person or held over telephone or video-conference).  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged and without prejudice. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

If a part of these Terms isn’t right

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Which laws govern these Terms

Your use of our Site, our booking system and these Terms are governed by the laws of Tasmania, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Tasmania, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site or make a booking from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us through our Site.

Last update: August 2022

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