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:

access and/or use our Site;
submit a ‘contact us’ and/or booking form on or through the Site; and/or
make a booking to stay at Kittawa Lodge,

you are taken to have agreed to these terms and our Privacy Policy (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, 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 We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.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 booking form and your participation in the booking process following the submission of your 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):

anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
using our Site to defame, harass, threaten, menace or offend any person;
interfering with any user using our Site;
tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
using our Site to send unsolicited email messages; or
facilitating or assisting a third party to do any of the above acts.

Competitors are excluded from using our Site

You are prohibited from using our Site, including our Content, in any way that competes with our business.

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:

copy or use, in whole or in part, any Content;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.

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.

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 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:

they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
access will be uninterrupted, error-free or free from viruses; or
our Site will be secure.

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

Bookings

The following Terms apply to your booking, including the payment, confirmation, variation or cancellation of your booking.

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.

If we confirm availability for your requested dates, an email will be sent to you, including details of the proposed booking, our invoice and a link to these Terms (Confirmation 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.

Your booking will be complete on your payment of the invoiced amount (Amount) in full, in accordance with these Terms. Once your booking is complete, you may not cancel your booking other than in accordance with these Terms, including our cancellation policy. No booking will be confirmed until payment in full of the Amount, by cleared funds into our nominated account, is made by you.

Payment

The Amount is determined by the accommodation and package(s) you have selected during the booking process, as further particularised in the Confirmation Email.

The Amount is to be paid to us using the payment method prescribed within the Confirmation Email and/or in accordance with the payment terms in our invoice. You must pay the Amount in full prior to the 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.

Cancellations

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

less than 42 days (but more than 28 days) prior to the commencement of your stay with us, you will be liable for, and you will forfeit, the Amount referable to the first night of your stay with us – if applicable, we will refund the balance of the Amount paid by you after making this deduction; or
equal to or less than 28 days prior to the commencement of your stay with us, you will be liable for, and you will forfeit, the full Amount (this will also apply if you fail to arrive for your stay) – if applicable, 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.

Transfers

You may not transfer your booking to another person. If you are unable to stay with us, as provided for in your booking, the cancellation policy (above) 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.

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. Your request for a change will be subject to the availability of your desired change (including changes to dates and packages) (New Booking).

If we confirm that the New Booking is available, and you wish to change your booking:

more than 28 days prior to the commencement of your stay with us, the change will be free of charge; or
equal to or less than 28 days prior to the commencement of your stay with us, you will be liable for, and must pay us, an administrative fee of AUD$100, for the reasonable costs incurred by us in relation to the change (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 provide 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 the either continue with your existing booking or otherwise cancel your booking (in which case, the terms relating to cancellation of bookings will apply).

Changes we may make to your booking

Your booking may be subject to change by us due to unexpected or unforeseen circumstances or events.

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

If we cancel your booking because of any event or circumstance beyond our 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.

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

COVID-19 specific terms

Despite anything in the earlier sections, if:

any aspect of your booking cannot be satisfied by us due to our compliance with any advice, directive, requirement, policy or law of or from any Governmental representative, body or office, or for any other reason, arising from or in connection with COVID-19 or novel coronavirus; or
border restrictions are still in place at the time of your original scheduled stay, resulting in you being unable to travel to us on the dates of your original scheduled stay,

then the Amount will continue to be retained by us and your booking 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.

You agree that once your stay is rescheduled under the preceding paragraph, you will not be entitled to cancel or reschedule your stay again. If, after agreeing to a rescheduled date for your stay, you wish to cancel your booking, you may do so, but you will be liable for, and you will forfeit, the full Amount (this will also apply if you fail to arrive for your stay) – 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.

Travel insurance

We highly recommend holding and maintaining travel insurance prior to staying, and during your stay, with us. We accept no responsibility for your failure to do so, nor will we be liable for any claim for which, if you had held or maintained travel insurance, you would have been entitled to claim the recovery of insurance proceeds.

Damage, theft, purchases and incidentals

During you stay, you will be permitted to purchase alcohol, artwork and other goods and products specifically listed for sale or purchase in your lodge. If you use or purchase any such items, 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 provide to us through the booking process (or otherwise prior to or during your stay with us), to collect (or receive payment for) the Purchase Cost.

If you, or any person travelling with you, cause or contribute to any loss or damage to (or theft of) any property (including real or personal property) owned, leased or licensed to us (or any of our directors, officers, employees or contractors), we may reasonably assess the likely costs of replacing or rectifying the lost or damaged property (including freight and logistics costs), and/or any other loss or damage which may likely result from such loss or damage, and recover such costs, loss and damage from you (Loss). You must 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 provide to us through the booking process, to collect (or receive payment for) the Loss.

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 and officers) are not responsible, and you must not make any claim against us (and our directors and officers), for any loss, damage or expense, howsoever arising, 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:

your or the third party’s use of our Site and/or our Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date; and
your booking (including any change or cancellation of your booking) and/or your or the third party’s stay with us and/or your or the third party’s use, operation and/or occupation of the property, premises, facilities, amenities, provisions and other services and/or any recommendation or advice given by us in connection with your stay.

Indemnity

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

your use of our Site and/or your booking and/or your stay with us, including the use of any property owned, leased or licensed by or to us;
any breach by you (or any person travelling with you) of these Terms and/or any applicable laws; and/or
any personal injury, illness and/or death and/or property loss or damage caused or contributed to by you (or any person travelling with you).

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.

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. 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. 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: March 2020