TERMS AND CONDITIONS
These terms and conditions (“Terms”) are between you and Kathryn Louise Davis trading as Carpe Diem Guesthouse ABN 14 452 253 457 (“we”, “us”, “our”). These Terms also apply to all guest staying at Carpe Diem Guesthouse, Tenterfield, New South Wales. By booking accommodation with us, you acknowledge that you understand and agree to be bound by these Terms, and that you will procure that all guests included in your booking will comply with these Terms . If you or any person included in your booking disagree with any part of these terms, then you should not book accommodation with Us.
All bookings must be confirmed with a valid credit card. If a credit card cannot be provided, full payment is required to confirm booking(s). If such payment is not received within 3 days of making the booking, we shall have the right to terminate such booking upon written notice. A minimum bond of $200 per room booked is taken in cash or by a pre-authorisation of a credit card. This is to cover for any incidentals or any other damages. We accept Visa, Mastercard, Diners, AMEX and EFTPOS.
Check-in is from 2pm. You must advise us 24 hours in advance if you will be arriving after 5pm on the day of arrival, otherwise we may not be able to check you in. If you check-in prior to 2pm, there may be an extra charge, and such early check-in will be granted subject to availability.
On check-in, all guests paying for accommodation will be required to provide 100 points of identity for security reasons, in addition to a pre authorisation taken on the paying guest’s credit card. If no credit card is supplied payment will be in the form of a $200 cash bond provided on check-in.
Credit card details or cash presented at time of arrival are kept with your reservation and management will automatically debit any amounts outstanding for any extra fees reasonably charged by us, including dining, souvenirs, artwork, extra charges for cleaning, more guests staying, extra bedrooms/bedding being used, purchases or charges incurred for damage, theft, or loss. Extra cleaning charges will be incurred if the room is not left in a clean and tidy condition and, in all respects.
Check out is by 10am. Later times may be organised on the day prior to the check out date, depending on availability and there may be an additional charge for this.
The property is situated in a quiet area and, in the interests of our neighbours, your booking is accepted on the condition that there is no disturbance after 10pm. No parties to be held on the property and there shall only be the guests whose names are on the registration form in the guesthouse after 11:30pm.
Guest rooms and all internal areas of the venue are non-smoking. A re-sanitisation fee of $200 per room will be charged to the signatory of the room if smoking has occurred in any internal areas. The Designated Smoking Area is situated in the garden at the front of the guesthouse for your convenience.
Upon check-out, guests will be issued with an invoice of any additional expenses incurred during their stay. If guests are checking out outside of normal hours this invoice will be issued to guests the evening before in order to finalise their bill.
Credit Card Pre-Authorisations
We may pre-authorise a credit card upon arrival to cover any charges we determine that you may be likely to incur during your stay, including an amount to cover a security bond/deposit for damages.
This process validates the presented card and protects both the cardholder and the merchant from fraud. The pre-authorised amount is set aside by the credit card company for a period of 7-10 working days, and accordingly will affect your available funds’ balance and spending limit. For more information on this practice, we suggest you contact your card issuer.
If no credit card is supplied payment will be in the form of a $200 cash bond provided on check-in.
Booking Cancellation Policy
Guests are required to provide notice of cancellation or changes to their booking in writing (via email is preferable). Reservations made through a booking agency upon cancellation attract said booking agencies administration fee in addition to our fees & charges.
For cancellations made more than 30 days prior to arrival, a full refund will be given. For cancellations made more than 14 days prior to arrival, booking funds will be refunded less a 20% cancellation fee for the first night’s stay. For cancellations made more than 7 days prior to arrival, booking funds will be refunded less a 50% cancellation fee for the first night’s stay. For cancellations made less than 7 days prior to arrival, booking funds will be refunded less a 100% cancellation fee for the first night’s stay, however the reservation may be rescheduled to another equivalent period subject to availability.
Damaged or Missing Property
You shall ensure that your room is left in a clean and tidy condition and, in all respects, no worse condition than prior to your arrival, normal fair wear and tear excepted. In the event that any property is damaged or in the event that property belonging to us is lost or taken during the course of a booking, management reserves the right to charge the reasonable cost for repair or replacement of that property to you, and in that regard, you acknowledge that the charge may be debited from the credit card or charge facility used for payment of the booking. If no credit card is supplied payment will be deducted at the time of departure, from the $200 cash bond provided on check-in.
If any key, lock, security device or other goods belonging to us is lost, payment to repair/replace the item is the responsibility of the guest. Management will debit the credit card that was given to initially secure the booking. If no credit card is supplied payment will be deducted at the time of departure, from the $200 cash bond provided on check-in.
Any property belonging to you, which is left behind after your stay, will be held for 30 days. It is your responsibility to contact us to claim such lost property. On such request within the 30 day period, the lost property will be returned at your costs via Australia Post. However, if no claim is made within the 30 day, we shall dispose of the property.
Minimum age requirement
No person under the age of 16 years is permitted to stay at or visit the guesthouse, without our prior written consent. All ages shall be determined from the date on which accommodation commenced.
Package Component/ Voucher
Package components/vouchers are subject to availability and are not redeemable at Christmas, New Years, Easter and public holidays or special event days. The start of any stay must commence prior to the expiry date of the package components/voucher, and the expiry date cannot be extended. Only original package components/vouchers signed and validated can be redeemed. If cancellation of booking occurs, no refund or credit will be given. Package components/vouchers will not be issued until full payment is received. All package components/vouchers are quoted in Australian Dollars.
If the product or service named in the package component/voucher is no longer available, we may substitute it for a similar product or service to the same value as the original voucher.
Gift Certificate Policy
Gift certificate expiry date cannot be extended under any circumstances and refunds will not be given. It is the responsibility of the recipient to book well in advance to secure the reservation prior to the expiry date.
You acknowledge that goods sold by us, including souvenirs, are sold in their present condition and state of repair. To the extent permitted by law, we give no warranties as to the condition such goods.
Warranties and guarantees
You acknowledge that you have not entered into this agreement in reliance upon any statement made by us, other than as expressly agreed in writing. You acknowledge that all guarantees and warranties are excluded from this agreement. However, to the extent that the foregoing exclusion is prohibited by law, our liability for breach of any guarantee or warranty that cannot be so excluded shall be limited to:
If the breach relates to goods, the replacement of the goods or the supply of equivalent goods
If the breach relates to services, the supplying of the services again or the costs of having the services supplied again
Notwithstanding the foregoing, if we supply recreational services, these terms shall apply to such services. In which case, we exclude all liability for death or Injury resulting from a failure to comply with any statutory guarantee in relation to the supply of such recreational services. However, this exclusion does not apply to any significant personal injury caused by reckless conduct on our behalf.
For the purpose of the preceding paragraph, “Injury” means physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual); or the contraction, aggravation or acceleration of a disease of an individual; or the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:
that is or may be harmful or disadvantageous to the individual or community; or
that may result in harm or disadvantage to the individual or community
You acknowledge and recognise the risks of injury resulting from use of the facilities at the guesthouse and use and occupation of the guesthouse generally.
To the extent permitted by law, you indemnify us and our officers, employees, agents and sub-contractors in respect of all actions, claims, proceedings, losses, costs, expenses and damages for which such persons may suffer, incur or become liable and which arise from or are caused or contributed to by your (or any person in your company) use or occupation of the guesthouse or surrounding premises, or related services.
To the extent permitted by law, you release us and our officers, employees, agents and sub-contractors from any claim for loss or damage arising from death or personal injury to, or illness of, you (or any person in your company) on the guesthouse or surrounding premises or from related services. Without limiting the foregoing, you release us and our officers, employees, agents and sub-contractors from any claim for loss or damage arising from any of the following:
- horse feeding and handling
- persons becoming caught in fences
- electrical surges
- attacks or bites from animals or insect
- swimming or falling in the dam or creek
- any issues with food provided at the guesthouse
- being driven by one of our staff
- using the services of a third party.
- We take no responsibility for the loss of or damage to your personal belongings.
We use your Personal Information for providing and improving our services. By using our services, you agree to the collection and use of information in accordance with this policy. We may employ third party companies and individuals to facilitate our service, to provide the service on our behalf, to perform related services or to assist us in analysing how our services are used. These third parties may have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Our service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us. If we discover that a child under 18 has provided us with personal information, we will delete such information from our records immediately upon discovery.
You acknowledge and agree that we shall not be liable for any damage or loss whatsoever in so far as such damage or loss is caused or contributed by an event beyond our control including, without limitation, an act of God, act of war declared or undeclared, fire, explosion, epidemic, public disorder, riot, civil disturbance, insurrection, rebellion, sabotage or act of terrorists, flood, earthquake, hail, lightning, severe weather conditions or other natural calamity or strike, boycott or lockout. You warrant that you have taken out comprehensive travel insurance to cater for any unforeseen circumstances.
These Terms shall be governed and construed in accordance with the laws of New South Wales.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If any provision of these Terms is illegal, invalid or unenforceable and can be read down so as to give it a valid and enforceable operation, it must be read down to the extent necessary to achieve that result. If it cannot be so read down, the provision must be severed from these Terms in which case the remaining provisions of these Terms operate as if the severed provision had not been included.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.