Booking Agreement

This Short-Term Rental Agreement (Agreement) is between Monique Catherine Easton trading as The Eastern Thredbo Village ABN 52 091 086 362 (TETV) and the guest/s named in the booking (Guest) made via TETV’s online booking platform 'Cloudbeds' (or such other online booking platform or system used by TETV at the relevant time) (Online Booking System), for the short term rental of either 1 Diggings Terrace, NSW 2625 (Cedar Cabin) or 19 Bobuck Lane, Thredbo Village, NSW 2625 (Oak Apartment) (each separately, Property) as specified in and booked via the Online Booking System (Booking).

IT IS AGREED AS FOLLOWS:

1. ACCEPTANCE OF TERMS AND CONDITIONS 

• (A) This Agreement includes TETV’s legal notices accessible on or via its website at http://www.theeasternthredbovillage.com (Website) and all guidelines, codes of conduct, schedules, annexures, and attachments relating to this Agreement provided with, or separately and forming part of this Agreement, including the Schedule of Costs. 

• (b) By making the Booking using the Online Booking System, the Guest for themselves and on behalf of all other Guests:

  • (i) agrees to the terms and conditions of the Online Booking System accessible via
    the Website (or at or via such other website for the Online Booking System
    used by TETV at the time of the Booking);
    

  • (ii) agrees to the terms and conditions as set out in this Agreement; and
    

  • (iii) acknowledges they have read and agreed to be bound by the Website legal
    notices (which include the Website Terms and Conditions) and this Agreement.
    

• (c) This Agreement is subject to all applicable public health and related Australian State and Federal Government regulatory and legislative obligations, directions, orders and restrictions (including those in relation to COVID-19 or any comparable pandemic) (Public Health Laws) in force at the applicable times. The Guest will be required to provide evidence of a vaccination certificate or a negative PCR test and will be responsible for checking and complying with all relevant and applicable State and Federal Government health orders, directions, guidelines and alerts upon entering into this Agreement and before commencing their stay at the Property.

  
  

• (d) TETV abides by, and this Agreement is subject to, the NSW Code of Conduct for the Short-term Rental Accommodation Industry (as amended from time to time) (the
  Code), https://www.fairtrading.nsw.gov.au.

  
  

• (e) The Property will be or is registered on the Premises Register administered by NSW
  Fair Trading as required.
  

• (f) Only persons aged twenty-five (25) years or older are permitted to make Bookings
  and enter into this Agreement. By making the Booking the Guest represents and
  warrants that they are at least twenty-one (25) years of age.

  
  

• (g) If the Guest does not accept the terms and conditions under this Agreement, they
  should not proceed with payment for the Booking and must immediately cancel the Booking.

BOOKINGS

2.1. Prohibited Bookings 

• (a) If a Booking is made for a Property, Guests are not permitted to make a booking for the other property (Cedar Cabin or Oak Apartment, as applicable) for the same or any overlapping dates with the Booking period for the Property.
  

• (b) TETV does not accept any booking during the winter ski season (having such dates as determined by TETV) for the purpose of only attending music festival events.

2.2. Guests, Registration and Minimum Booking Periods 

• (a) By making a Booking, the Guest consents to provide their personal information and acknowledges that if they do not give consent TETV may not be able to provide some or all of the services in relation to the Property contemplated by this Agreement including the short-term rental of the Property pursuant to the Booking (Services). The Guest agrees that all information they provide to TETV either directly or via the Online Booking System will be true, accurate, current and complete.

  
  

• (b) The Guest agrees that they are responsible for all information they provide to TETV and that any errors or discrepancies in any confirmation for the Booking provided by the Online Booking System or otherwise must be notified to TETV within forty-eight (48) hours of making the Booking. The Guest acknowledges that if TETV reasonably believes that the information provided by the Guest is false, inaccurate or misleading to the potential material detriment of TETV, TETV may, at its sole discretion, suspend the Booking pending resolution of the issue to TETV's satisfaction, or terminate the Booking and/or the Guest’s access to the Property in which case clause 7 (d)(i) shall apply.

  
  

• (c) The provisions of clause 2.2 (b) do not entitle a Guest to transfer the Booking into the name of another person or, unless otherwise agreed by TETV, to change the commencement date or duration of the Booking.

  
  

• (d) The Guest Registration Form provided by TETV must be completed and returned by the Guest within the time period specified in the Guest Registration Form or, if no period is specified, by no later than the commencement date of the Booking period. The Guest must include details of their guests in the Guest Registration Form (Registered Guests) and obtain the consent of all Registered Guests for the disclosure of such information to TETV. Only the Guest and Registered Guests (together Guests) will be permitted to occupy the Property during the duration of the Booking period.

  
  

• (e) The Property accommodates a maximum number of two (2) Guests or as otherwise indicated on the Website at the time of the Booking. Prior approval must be sought from and given by TETV in writing where the number of Guests will exceed the capacity or the number stated, and an additional Fee may be payable as provided in the Schedule of Costs. Where the number of Guests exceeds the maximum capacity without TETV's prior written consent, TETV shall be entitled in its discretion to immediately terminate the Booking and this Agreement or charge an additional Fee.

  
  

• (f) A minimum period of stay of two (2) nights shall apply during the winter ski season (having such dates as determined by TETV) and/or such other minimum periods of stay shall apply during such periods as determined by TETV from time to time.

  
  

• (g) Requests for stays of less than the minimum period may be approved at the sole discretion of TETV.
  

2.3. Payment 

• (a) The Guest will pay TETV all applicable accommodation fees, costs and amounts set out on the Website and/or the Schedule of Costs (together, Fees), at the rate and in the manner specified in the Booking and this Agreement. 

• (b) The Guest must at the time of making the Booking pay via the Online Booking System
  a deposit of such amount as provided on the Website or Online Booking System
  (Deposit) and any applicable booking fees.

  
  

• (c) The remaining balance of the accommodation Fees and any other amounts payable
  in advance must be paid in full no later than the date or time indicated in the
  Booking confirmation or otherwise advised by TETV.

  
  

• (d) TETV accepts payment of the Deposit and all Fees by credit card (Visa and
  Mastercard) only.

  
  

• (e) Rates quoted are in Australian dollars and are subject to change at any time. Fees
  paid in a foreign currency will be reconciled at the date of payment and will be subject to the applicable prevailing exchange rate and transfer fees. Goods and Services Tax (GST) shall be applied where applicable.

  
  

• (f) In the rare circumstance that accommodation rates are increased after the Guest has made the Booking, the Guest will be notified and may either pay the difference or receive a refund of all amounts paid.

  
  

2.4. Security Bond 

• (a) All Bookings require a refundable security bond to be provided by credit card pre-authorisation of such amount determined in accordance with the Schedule of Costs (Security Bond) at the time the Booking is made.

  
  

• (b) The Guest irrevocably agrees that TETV is permitted, and authorises TETV, to claim against or charge to (as applicable) the Security Bond at any time without prior notice to the Guest:

  • (i) any outstanding or additional Fees payable by the Guest in accordance with
    the Schedule of Costs; and
    

  • (ii) the cost of repair or replacement of any faulty, damaged, broken, lost or stolen
    fixtures, fittings, equipment, goods or chattels including furniture and furnishings (together, FF&E) of TETV at or in the Property and any damage or loss to the Property.

    
    

• (c) The Security Bond will be required and retained until after a final inspection and assessment of the Property is completed after check-out and all amounts which TETV is entitled to claim or charge against the Security Bond have been paid. The Guest acknowledges and agrees that TETV is not required to undertake the final inspection and assessment of the Property after check-out in the presence of the Guest.

  
  

• (d) The Guest irrevocably agrees that TETV is permitted at any time without prior notice to the Guest to claim against or charge to the credit card used by the Guest to provide the Security Bond, the balance of or all (as applicable) additional Fees and costs owing to TETV under this Agreement (including all amounts (if any) in excess of the Security Bond).

  
  

• (e) Any pre-authorised amounts of the Security Bond remaining after TETV has claimed or charged all amounts payable will automatically lapse in accordance with the terms of the Guest’s credit card provider.

  
  

• (f) TETV will provide the Guest with a statement of all amounts claimed against or charged to their credit card no later than seven (7) days after the date on which all amounts which TETV is entitled to claim or charge against the Security Bond have been paid.

2.5. Variation and Cancellation of Bookings 

• (a) If the Guest wishes to vary a Booking for any reason:

  • (i) at least one hundred and twenty (120) days before the commencement date
    of the Booking period, TETV shall endeavour to reschedule the Booking to
    commence on another suitable date; or
    

  • (ii) less than one hundred and twenty (120) days before but prior to the
    commencement date of the Booking period where there are extenuating circumstances, TETV will consider the request on a case by case basis and may, in its absolute discretion and subject to provision of reasonable proof of the extenuating circumstances by the Guest (if so requested by TETV) and availability, agree to change the scheduled dates of the Booking provided that the Guest pays TETV's administration Fee as provided in the Schedule of Costs.

    
    

• (b) If the Guest cancels a Booking for any reason for a Booking commencing during one (1) June to thirty-one (31) August or at such dates determined by TETV (Winter Booking Period), the Guest acknowledges and agrees that:

  • if the Booking is cancelled more than sixty (60) days prior to the arrival date, the Guest will incur a cancellation fee of twenty percent (20%) of the total Fees;
    

  • if the Booking is cancelled between thirty (30) to sixty (60) days prior to the arrival date, the Guest will incur a cancellation fee of fifty percent (50%) of the total Fees; and

    
    

  • if the Booking is cancelled less than thirty (30) days prior to the arrival date, the Guest will not be entitled to a refund and the Guest will incur a cancellation fee of one hundred percent (100%) of the total Fees.

    
    

• (c) If the Guest cancels a Booking during the Winter Booking Period, the Guest must provide sixty (60) days’ notice to reschedule the Booking and incur an administration Fee as outlined in the Schedule of Costs.

  
  

• (d) If the Guest cancels a Booking for any reason for a Booking commencing during
  or at such dates determined by TETV (Summer Booking Period), the Guest acknowledges and agrees that:

  • if the Booking is cancelled more than thirty (30) days prior to the arrival date, the Guest will incur a cancellation fee of twenty percent (20%) of the total Fees;
    

  • if the Booking is cancelled within fourteen (14) to thirty (30) days prior to the
    arrival date, the Guest will incur a cancellation fee of fifty percent (50%) of the
    total Fees; and
    

  • if the Booking is cancelled less than fourteen (14) days prior to the arrival date, the
    Guest will not be entitled to a refund and the Guest will incur a cancellation fee of
    one hundred percent (100%) of the total Fees.

    
    

• (e) If the Guest cancels a Booking during the Summer Booking Period, the Guest must
  provide thirty (30) days’ notice to reschedule the Booking and incur an administration
  Fee as outlined in the Schedule of Costs.
  

• (f) No variations of Bookings are permitted, and no refunds are payable for any reason
  for cancellations, on or after the commencement date of the Booking period.
  

• (g) TETV reserves the right to vary or cancel the Booking in its absolute discretion where any situation arises that renders the Booking impractical, unsafe or unable to be fulfilled which may include, but is not limited to, damage to the Property, force majeure (including weather conditions and road closures), terrorism, natural disasters, pandemics, political instability or other events or circumstances which make it unviable for TETV to uphold the Booking. Where TETV wishes to vary or cancel a Booking under this clause 2.5 (g), TETV will where feasible, use its best endeavours to offer acceptable alternative accommodation to the Guest that is, as far as practical and possible, substantially the same as or similar to the Property for the same dates as the Booking, failing which the Guest shall be entitled to either:

• (i) reschedule the Booking (subject to availability) to commence on an alternative date within twelve (12) months after the date of the commencement of the original Booking; or
  

• (ii) receive a refund of the Deposit and all additional accommodation Fees paid (if any).

• (h) If the Guest cancels a Booking that does not commence during the Winter Booking Period or the Summer Booking Period, subject to clause 2.5 (i):

  • (i) at least one hundred and twenty (120) days before the commencement date
    of the Booking period, TETV shall be entitled to retain the Deposit but shall refund the Guest all additional accommodation Fees already paid (if any) after deduction of TETV’s administration Fee as provided in the Schedule of Costs; or
    

  • (ii) less than one hundred and twenty days (120) before but prior to the commencement date of the Booking period, no refunds shall be paid and TETV shall be entitled to retain the Deposit and all additional accommodation Fees paid.

    
    

• (i) If the Guest cancels a Booking as contemplated in clause 2.5 (h), TETV shall only refund such part of the Deposit and/or any additional accommodation Fees paid (as applicable) where an alternative guest subsequently books the Property for a stay which includes all or some of the booking dates of the Booking. Any refund given to the Guest shall be equal to the lesser of the amount paid by the Guest which was retained by TETV and the amount paid by the alternative guest in respect of the same booking dates as the Guest after deduction of TETV’s administration Fee as provided in the Schedule of Costs.
  

• (j) The Guest acknowledges and agrees that if TETV varies or cancels the Booking under clause 2.5 (g) any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those provided under this Agreement and no other claim, right, action or demand shall exist in or be made by either party as a result of or in connection with any such variation or cancellation and TETV will not be responsible for any incidental expenses that Guests may have incurred as a result of or in connection with the Booking.
  

2.6. COVID-19 Implications 

• (a) The Guest acknowledges that TETV may use a professional cleaning team that uses high-grade alcohol-based products to reduce the risk of contamination and the spread of viral or bacterial residue at the Property.
  

• (b) The Guest acknowledges that during periods in which Public Health Laws including COVID-19 or other comparable pandemic circumstances impact the Booking or the Property, some facilities at the Property may be restricted and Guests may be subject to certain mandatory requirements including those referred to in clause 2.6 (c).

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• (c) All Guests are responsible for taking all necessary personal safety and hygiene procedures, including wearing masks if mandatory under Public Health Laws or when requested, and practicing ‘social distancing’ at the Property if required or appropriate during their stay.

• (d) If the Guest is unable to commence their stay under the Booking in order to comply
  with Public Health Laws or because of the direct impact of Public Health Laws on the ability of the Guest to use the Booking, the Guest may provide reasonable evidence of the relevant circumstances and make a written request to TETV:

  • (i) to vary the Booking by rescheduling the Booking period to commence no
    sooner than fourteen (14) days after and up to twelve (12) months from the original commencement date of the Booking (but retaining the same number of days for the Booking unless otherwise agreed by TETV). Provided that the Guest has given reasonable evidence of the relevant circumstances if required, TETV may in its absolute discretion and subject to availability agree to reschedule the Booking to commence on the new commencement date (Replacement Booking) at the same accommodation rate (or any higher accommodation rate applicable to the dates of the Replacement Booking). In such circumstances, all amounts paid by the Guest shall be credited to the Replacement Booking; or
    

  • (ii) to cancel the Booking which, if less than one hundred and twenty (120) days’ notice is given, shall be considered by TETV on a case by case basis and if TETV agrees to cancel the Booking, cancellation will be pursuant to clause 2.5.
    

• (e) TETV reserves the right to vary or cancel (as applicable) the Booking and this Agreement in its absolute discretion where:

  • (i) the Booking is affected or may reasonably be expected to be affected by
    Public Health Laws or any health alerts or guidelines in connection with Public Health Laws including those in relation to COVID-19 or any comparable pandemic at the relevant time; or

    
    

  • (ii) if at check-in, any Guests refuse to provide a declaration requested under clause 2.7 (b) or if any given declaration reasonably means that it is not, or there is a significant risk that it is not, safe to permit the Guests to stay at the Property if at any time at or after the time of check-in it reasonably appears to or is known by TETV that any Guests display or have flu-like symptoms, appear to be or are unwell, or express that they are feeling unwell with any respiratory or flu-like illness, or if it becomes known to TETV that any Guests have breached any Public Health Laws which directly or indirectly puts TETV or any person including neighbours of the Property at risk.

    
    

• (f) Where TETV wishes to vary or cancel a Booking under clause 2.6 (e)(i), TETV may in its absolute discretion offer the Guest the right to reschedule the Booking to commence no sooner than fourteen (14) days after and up to twelve (12) months from the original commencement date of the Booking (but retaining the same number of days for the Booking unless otherwise agreed by TETV), or may cancel the Booking and refund twenty percent (20%) of the Deposit and all additional accommodation Fees paid (if any) less the administration Fee provided in the Schedule of Costs (unless waived by TETV).

  
  

• (g) Where a Booking has been varied or cancelled by TETV under clause 2.6 (e)(ii), no refunds shall be available and TETV shall be entitled to retain the Deposit and all additional accommodation Fees paid plus charge the Guest for all additional Fees payable under this Agreement.

(h) The Guest acknowledges and agrees that if the circumstances referred to in clause 2.6 (e) arise, any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those provided under this Agreement and no other claim, right, action or demand shall exist in or be made by either party as a result of or in connection with any such variation or cancellation. In these circumstances, TETV will not be responsible for any incidental expenses that Guests may have incurred as a result of or in connection with the Booking. 

2.7. Check-ins and Check-outs 

• (a) Check-in shall only be available if the Guest has provided the Security Bond and paid the accommodation Fee in full as required by this Agreement.

  
  

• (b) During any period in which Public Health Laws apply to the Guest’s stay at the Property, TETV may request that all Guests provide a declaration as to their health and exposure to any pandemic or other illness including COVID-19 which is the subject of the applicable Public Health Laws, as a prerequisite for completing check-in and the provisions of clause 2.6 (e)(ii) may apply.

  
  

• (c) Subject to clause 2.7 (f), check-in is available from 03:00pm on the commencement date of the Booking except during the winter ski season (having such dates as determined by TETV) when the check-in time will be 03:00pm.

  
  

• (d) The Guest will be provided with check-in details including the access code to enter the Property by email on or before the commencement date of the Booking.
  

• (e) Subject to clause 2.7 (f), the latest check-out time is strictly 10:00 am on the day of
  departure, after which a late check-out Fee may apply in accordance with the
  Schedule of Costs.
  

• (f) Check-in and check-out times are strict unless otherwise prior agreed by TETV. Any
  agreement by TETV to change the check-in or check-out time is subject to availability and may require payment of an additional Fee in accordance with the Schedule of Costs.

  
  

• (g) If the Property or any FF&E is found by the Guest to be in an unclean or damaged state or if any facilities are not fully working at the time of check-in, the Guest must promptly notify TETV and allow TETV or its staff to access the Property to inspect and, if necessary, clean the Property and/or clean and repair any faulty, damaged or broken FF&E or facilities.

  
  

• (h) TETV is not liable for alternative accommodation or any other costs that may be incurred by the Guest where they fail to make full payment of the accommodation Fees in the time required under clause 2.3 (c) or fail to complete check-in during the relevant period on the date of commencement of the Booking for any reason.
  

2.8. Maximum Numbers, Children and Visitors 

• (a) The Property is recommended for singles, couples or other parties of a maximum of two (2) persons. Children under the age of EIGHTEEN (18) are not permitted as Guests.

  
  

• (b) The standard accommodation rate includes the price for children and refers to using existing bedding.
  

• (c) The Guest acknowledges that given the minimum age requirement for Guests, no equipment is provided for babies or young children. If any child aged EIGHTEEN (18) years or over stays at the Property, TETV requires the child to be supervised at all times particularly given the adjacent ski lifts and mountains, national park areas and the other characteristics of and facilities at the Property which may include a loft area, ladder steps and balcony.

• (d) Visitors of Guests at the Property must be family members, friends and other
  responsible adults at least eighteen (18) years of age. Any visiting children aged between twelve (12) and eighteen (18) years must be supervised by a responsible adult and visiting children aged less than twelve (12) must be accompanied and supervised at all times by their parent or legal guardian.

  
  

• (e) The Guest acknowledges and agrees that they are responsible for all acts and omissions of visitors to the Property during their stay and must ensure that visitors comply with all applicable provisions of this Agreement including clause 3.1 and clause 4 as if they were Guests.
  

3. GUEST OBLIGATIONS 

3.1. Permitted Use 

The Guest agrees: 

• (a) to be an occupant of the Property for the entire duration of the Booking;

  
  

• (b) not to sublet or allow unregistered persons to stay at the Property;

  
  

• (c) they are responsible for all persons staying at or visiting the Property (including
  Registered Guests) and ensuring that such persons comply with all applicable terms and conditions of this Agreement as if they were a party to this Agreement, and agrees that any breach of this Agreement by any such person (including Registered Guests) shall be deemed to be a breach by the Guest;

  
  

• (d) to comply with all applicable laws and regulations and not engage in conduct that contravenes criminal law, planning laws or any by-laws which apply to the Property and/or the Booking and acknowledges TETV will cooperate with any investigation of alleged contraventions at the Property during the Booking period;

  
  

• (e) not to use the Property for any purpose other than the approved purpose as set out in this Agreement;

  
  

• (f) to co-operate with TETV and abide by this Agreement during their stay at the Property;

  
  

• (g) not to bring or permit to be brought onto the Property or any premises at which the Property is located, any motorbikes, dirt bikes, quad bikes, firearms or air rifles, or fireworks;

  
  

• (h) to duly comply with all provisions in the House Manual and all other manuals and guides provided at the Property during the duration of their stay at the Property and all check-out obligations;

  
  

• (i) not to wear high-heeled shoes, hiking boots, ski or snowboard boots indoors at the Property at any time, with such footwear or sports equipment to be removed at the front door;

  
  

• (j) not to bring or permit to be brought indoors at the Property, any skis, stocks, snowboards, bikes or other large or outdoor sporting equipment although if wished and at their own risk to use the ski racks outside the front door to secure their ski and snowboard equipment and/or chain any bikes to the railing near the front door;

  
  

• (k) not to break into or attempt to break into the Property if locked out or unable to enter for any reason and in such circumstances to contact TETV for instructions and assistance;

  
  

• (l) to maintain the security of the Property to prevent theft of or damage to the Property or FF&E and the Guests’ personal property, including locking doors and closing windows, and to advise TETV immediately if they are unable to secure the Property;

• (m) not to smoke or permit smoking at or within the Property;

  
  

• (n) not to use the Property for schoolies, parties, functions or group gatherings;

  
  

• (o) not to have pets on or within the Property;

  
  

• (p) to abide by the noise and good neighbour policy referred to in clause 4;

  
  

• (q) not to nail, screw, staple or fix anything to any wall, door or other surface or part of
  the Property; and

  
  

• (r) to abide by all applicable parking restrictions and limitations,

  
  

and the Guest acknowledges and agrees that in addition to all other rights TETV may have for breach of any provisions of this clause, TETV shall be entitled to charge such additional Fees in accordance with the Schedule of Costs. 

3.2. Guest Facilities 

• (a) TETV provides towels and bed linen at the Property for the use of Guests.

  
  

• (b) Where Guests require additional bedding or beds, additional Fees in accordance with the Schedule of Costs are payable. Guests are not permitted to use their own additional beds or bedding.

  
  

• (c) Free WIFI internet connection is made available for Guests however the Guest acknowledges the internet connection during the duration of the Booking is not guaranteed and may be disrupted or weak or unavailable without notice.

  
  

• (d) Guests are responsible for ensuring that any third parties engaged to provide services at the Property are informed of this Agreement and hold appropriate public liability insurance. TETV accepts no liability for any third-party services including any which have been recommended or referred by TETV.

  
  

• (e) The Guest acknowledges that it shall treat the Property with as much care as if it was
  the Guest’s own residence and that it shall be left in the same condition as when the Guest arrived including returning all furniture and styling pieces to their original location.

  
  

• (f) All personal property left behind at the Property is the sole responsibility of the Guest who may arrange for TETV to post or courier the item. Where the Guest opts for TETV to post or courier the item, an administration Fee may apply as provided under the Schedule of Costs in addition to postage or courier costs.

  
  

• (g) The Guest acknowledges the Property may be visited by wildlife and may be subject to adverse and changing weather conditions and agrees TETV is not responsible for and has no control over the natural and surrounding habitat or any weather conditions that may impact their stay or the commencement of their stay.

  
  

• (h) The Client acknowledges that TETV uses security cameras on the exterior of the Property to provide extra security for Guests including sporting equipment that may be stored outside the Property. Notwithstanding the use of the security cameras, the Guest acknowledges that TETV shall not be liable for any damage to or loss of the Guests' personal property except to the extent that it is caused by the gross negligence of TETV.
  

3.3. Access to Property

• (a) TETV and/or its authorised third parties may require access to the Property during the period of the Booking

• (i) for repair, service and/or maintenance during reasonable hours with notice to the Guest as far as reasonably possible; 

• (ii) to conduct any repairs, maintenance or service or to protect the Property at
  any time in emergencies; and

• (iii) for prospective purchasers to view the Property where the Property is being
  offered for sale, as arranged.

  
  

(b) If the Guest requests a service call and is not present to provide access, the applicable service call-out Fee provided in the Schedule of Costs will be payable. 

3.4. Damages and Repair 

• (a) The Guest is responsible for and will be charged for all damage (outside of normal wear and tear), breakages, cost of repair or replacement to the Property and any FF&E at or in the Property in excess of the Security Bond. Where the value of the damage or cost of repair or replacement caused by the Guest exceeds the Security Bond amount, TETV is entitled to recover this as a debt immediately due and payable from the Guest including any administration Fees in accordance with the Schedule of Costs and for this purpose shall be entitled to use the Guest’s credit card details (where applicable) to recover monies due and/or to invoice the Guest.

  
  

• (b) TETV does not accept liability for any loss caused by failure of equipment and/or services or utilities out of its control, which may include, but is not limited to, TV or electronic equipment water, electricity, gas, and internet. In the event of a failure, the Guest should notify TETV in the first instance.

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• (c) Repairs, maintenance or service reported and requested by the Guest that have been deemed necessary by TETV, will be carried out as soon as practicable. However, if repairs are required due to unforeseen circumstances it may not be possible to guarantee immediate repairs or repair during the Booking period.
  

• (d) All faults, damages, breakages or losses to or at the Property, including to any FF&E, are to be reported within twenty-four (24) hours to TETV. To avoid being charged for any faults, damage or breakage not caused by the Guest, any faults, damages or breakages of FF&E as at the time of check-in should be brought to TETV’s attention promptly following check-in.
  

3.5. Assumption of Risk 

• (a) The Guest acknowledges and agrees that notwithstanding any measures taken or provided by TETV to secure the Property including any security cameras, all use of the Property and its facilities by Guests and visitors is solely at the Guest’s own risk and TETV is not responsible for the safety or wellbeing of any person, including children, any Guests or visitors to the Property or for any loss of enjoyment that may result from unusual circumstances or circumstances beyond the reasonable control or foresight of TETV including weather, acts of God, fires, storms, snow, sleet, road closures, power failures, riots, strikes, pandemics or any other events usually considered to be an event of force majeure or beyond the control of TETV.

  
  

• (b) The Guest acknowledges and agrees if at any time any weather conditions or other circumstances occur that may make outdoor activities unsafe for any Guests or visitors the Guest will ensure that they abide by the directions of the adjacent ski resort and all signage and out of bounds areas, and that TETV takes no responsibility in relation to the decisions the Guests make for their own safety.

  
  

• (c) The Guest assumes all risk and takes full responsibility for all personal injury, sickness, disease (including but not limited to contracting or spreading infectious diseases), death for any reason, damage to and loss of all personal property and losses of all kinds whatsoever arising out of, attributable to, caused by or resulting from the usage of the Property or any part of it and the facilities at the Property and the Guests’ stay at the Property, and/or from engaging in any activities at the Property or any adjacent ski resorts, the national park or other neighbouring areas or facilities.

• (d) The Guest hereby waives and releases, indemnifies, holds harmless and forever discharges TETV and its current and/or former agents, employees, officers, directors, affiliates, successors and trustees from and against any and all claims, loss, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that they ever had or may have, arising from, or in any way related to, their usage of the facilities at the Property and/or their stay at the Property by the Guests and their visitors, and any activities that the Guests and their visitors may partake in or have partaken in, at or away from the Property provided that this waiver of liability does not apply to any acts of gross negligence or intentional or wilful misconduct by TETV. 

4. NOISE AND NEIGHBOURS 

4.1. Noise 

• (a) All noise must be kept indoors at the Property in the period between 10:00pm and 08:00am.

  
  

• (b) Excessive noise, music and any other form of disturbance that is unreasonably disruptive to neighbours of the Property or interferes with the peace and comfort of neighbours is prohibited at all times and may result in eviction and immediate termination of the Booking under clause 7 (d)(i).

  
  

• (c) Where any representative of TETV, security guards or the police attend the Property to deal with noise complaints or excess Guests or visitors, or where a valid complaint has been received from neighbours during or after the Booking, the Guest will be charged an additional Fee in accordance with the Schedule of Costs.

  
  

• (d) If a noise complaint is received, a first warning will be given. If a second complaint is received, TETV shall have the right to immediately evict the Guests from the Property and terminate the Booking and this Agreement.

  
  

• (e) The Guest acknowledges that creating noise which because of its level, nature, character, or quality, or the time it is made, is likely to harm, offend or unreasonably disrupt or interfere with the peace and comfort of neighbours of the Property and other occupants of the premises may also be an offence under the Code and Fair Trading Act.

  
  

• (f) TETV is not liable for any disturbance, noise or inconvenience that the Guest may experience from neighbours of the Property or for any other reason including any nearby renovation or building work or roads (as applicable).
  

4.2. Neighbours 

• (a) A ‘good neighbour’ policy shall be enforced at TETV.

  
  

• (b) Behaviour by Guests:

  • (i) that is violent or threatening;
    

  • (ii) which could reasonably cause alarm or distress to neighbours; or
    (iii) which intentionally, recklessly or negligently causes damage to the premises at which the Property is located or personal property of neighbours, may incur a penalty under the Fair Trading Act and/or eviction and shall give TETV the right to immediately terminate the Booking and this Agreement and the provisions of clause 7 (d)(i) shall apply.

(c) Any behaviour exhibited by Guests that is disrespectful of or disruptive to neighbours, traffic flow or the community, or which prompts complaints to TETV from the police, local council or neighbours, shall not be tolerated and may result in a fine under the Fair Trading Act and/or eviction and shall give TETV the right to immediately terminate the Booking and this Agreement and the provisions of clause 7 (d)(i) shall apply. 

(d) If any behaviour of Guests or visitors results in any dispute or complaint the Guest must notify TETV as soon as possible, and the Guest acknowledges that failure to do so may result in a penalty under the Fair Trading Act. 

5. REVIEWS AND SOCIAL MEDIA 

• (a) TETV encourages Guests to tag @theeasternthredbovillage when posting during their stay at the Property, and unless expressly objected to, TETV may tag the Guests in some of its posts on matters of interest or repost their images on its accounts. 

• (i) Where, upon request, Guests provide TETV with images of themselves or others, taken during their stay at the Property, unless they expressly object, they agree to release and hold TETV harmless from any liability in relation to the images which it may use for its marketing material or promotional purposes.

  
  

• (j) The Guest agrees that any testimonial TETV has received from any other guest is indicative of that guest’s experience at the Property and may not necessarily be typical. The Guest acknowledges and agrees that testimonials are not a guarantee of the experience they will have at the Property, though TETV endeavours to ensure every guest is reasonably satisfied.

  
  

• (k) In the event the Guest experiences any issue or problem during their stay at the Property, they agree that if the issue or problem relates to:

  • (i) alleged contraventions of the Code, criminal law or civil penalty provisions,
    or planning laws by TETV, it must be addressed through the proper process
    outlined in section 3 of the Code; or
    

  • (ii) other matters, it must be resolved via the internal dispute resolution process
    under clause 9 and may be subject to the obligations of confidentiality under clause 6, and the Guest agrees to give TETV the opportunity to rectify the situation before leaving negative reviews that may be published in the public domain and be damaging to the reputation of TETV.

    
    

• (l) The Guest agrees that before leaving a review, they will consider the potential implications under the Competition and Consumer Act 2010 (Cth) and the Defamation Act 2005 (NSW) of making false and/or misleading statements and the potential for a claim for damages and other remedies where a person’s reputation has been harmed by the publication of defamatory matter.

  
  

• (m) The Guest acknowledges and agrees that they will be prohibited from publishing a review on any public forum if the Booking has been terminated for a breach of this Agreement and that any disputes or feedback will be directly raised with or provided, as applicable, to TETV may be subject to the obligations of confidentiality under clause 6.
  

6. CONFIDENTIAL INFORMATION AND PRIVACY

6.1. Obligations with Respect to Confidential Information 

A recipient of confidential information: 

• (a) may use the confidential information only for the purposes of this Agreement or with
  the prior consent of the discloser (which may be given or withheld at the discloser’s
  absolute discretion);
  

• (b) must keep confidential all confidential information except:

  • (i) for disclosure permitted under this clause 6; and
    

  • (ii) to the extent (if any) the recipient is required by law to disclose such
    confidential information; and
    

• (c) must cease to use and destroy or return all confidential information immediately
  upon request.
  

6.2. Privacy 

TETV agrees to comply with the Privacy Act 1988 (Cth) and all other applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information that can identify individuals, or make them reasonably identifiable (Personal Information), in relation to all Guests’ Personal Information collected by TETV, to the extent that it is legally obligated to comply with these laws. The Guest should also refer to TETV’s Privacy Policy on the Website. 

6.3. Confidential Information
In this clause 6, confidential information includes: 

• (a) all information relating to or concerning any issues, problems, disputes and feedback
  as contemplated by clauses 5 (d) and 5 (f);
  

• (b) all Personal Information held by TETV relating to Guests; and
  

• (c) all information relating to TETV including its affairs and business, the Property and the Services,
  

but excludes information: 

• (d) which is in the public domain at the date of this Agreement or becomes part of the public domain after the date of this Agreement without any breach of this Agreement or other obligation of confidence;
  

• (e) which the recipient can prove was already known to them at the time of disclosure by the disclosing party (other than if such knowledge arose from the disclosure of confidential information in breach of the obligation of confidentiality); or
  

• (f) which the recipient acquired from a third party entitled to disclose it.
  

7. REFUNDS, BREACH AND RIGHTS OF TERMINATION 

• (a) TETV reserves the right to refuse or grant refunds for the Services pursuant to the Australian consumer law as provided in the Competition and Consumer Act 2010 (Cth). AnyrequestsbytheGuestforrefundsmustbedetailedinwritingandwillonly be considered when options for remedies or replacements have been exhausted.
  

• (b) The Guest acknowledges that any breach of this Agreement by the Guest may result in the Guest becoming liable for payment of Fees as outlined in the Schedule of Costs and other associated consequences as specified in this Agreement including termination of a Booking and this Agreement with no refund payable.
  (c) TETV does not permit the Property to be used for schoolies, parties, functions or group gatherings or for bookings for the Property to be made by anyone under the age of twenty-five (25). If the Guest is in breach of these restrictions, TETV shall have the right to cancel or terminate the Booking in which case no refund shall be payable and TETV shall be entitled to retain all amounts paid in respect of the Booking and charge any additional Fees payable under this Agreement in accordance with the

Schedule of Costs. 

• (d) Without prejudice to any other rights or remedies TETV may have under this
  Agreement or at law, TETV shall have the right to terminate the Booking and this Agreement with written notice effective immediately or at such later time stipulated in the notice and to retain all amounts paid in respect of the Booking and charge any additional Fees payable under this Agreement in accordance with the Schedule of Costs if:

  • (i) a provision of this Agreement specifically grants a right of termination;
    

  • (ii) the Guest commits a material breach that is not capable of remedy or multiple or recurring breaches of this Agreement whether remedied or not;
    or
    

  • (iii) the Guest commits a material breach and does not rectify the breach within
    any reasonable time given by TETV for the Guest to rectify the breach.
    

• (e) TETV reserves the right to terminate this Agreement or refuse to provide the Services or access to the Property to any Guests or persons on the exclusion register accessible via https://www.fairtrading.nsw.gov.au/, as outlined in the Code. Guests who are on the exclusion register and enter into this Agreement or stay at the
  Property may incur a penalty under section 54C of the Fair Trading Act.

  
  

• (f) TETV will not be liable for any losses, costs and/or expenses incurred or sustained by
  the Guest as a result of the termination of this Agreement and the Booking.

  
  

• (g) The termination or conclusion of this Agreement and the Booking does not affect or effect any release of any accrued rights, obligations or remedies of a party in relation to events, acts, or omissions that occurred before the termination or conclusion of this Agreement and the Booking including any claim that either party may have against the other party.

  
  

• (h) The Guest acknowledges and agrees where the Booking is terminated pursuant to a
  breach of this Agreement, the provisions of clause 5 (f) apply.
  

8. LIMITATION OF LIABILITY 

8.1. Liability of the Guest 

TETV may, in its sole discretion, take action (including legal proceedings) and claim against: 

• (a) only the Guest pursuant to the provisions of clause 3.1 (c); or

  
  

• (b) the Guest and/or any or all other relevant Guests notwithstanding the provisions of
  clause 3.1 (c),

  
  

for all acts and omissions, breach of this Agreement and all other liability under this Agreement, in equity or at law, of the Guest and/or any other Guests. 

8.2. Total Liability 

To the fullest extent permitted by law (including the Australian consumer law), the total liability of TETV under or in connection with this Agreement in respect of all claims (if any) is limited to the lesser of all amounts paid to TETV, and all amounts paid or payable for the Booking, and in any event shall not exceed the available proceeds of the professional indemnity and/or public liability insurance coverage of TETV at the relevant time. 

8.3. Consequential Loss 

In no case shall TETV, its officers, employees, affiliates, agents, contractors or licensors be liable for any consequential loss arising from the Guests’ use of, or reliance on, the Booking, the Property or Services and/or any content or information (including regulatory or legislative) provided at or about the Property or in information brochures about the Property including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via TETV. 

8.4. Australian Consumer Law 

Nothing in this Agreement is intended to limit any Australian consumer law guarantees or warranties that may apply to the Services that cannot be excluded. 

1. DISPUTE RESOLUTION
   The parties must use reasonable endeavours to resolve all disputes through negotiation. If the dispute cannot be resolved through negotiation between the parties within twenty-one (21) days of the dispute arising, either party may commence mediation or other proceedings.
   

2. GENERAL
   

10.1. Severability 

If any provision or part of this Agreement is void or unenforceable for any reason, then that provision or part will be severed from this Agreement and the rest of this Agreement shall be read as far as possible as if the severed provision or part had never existed. 

10.2. Entire Agreement and Variation 

The parties agree that this Agreement is the entire agreement between TETV and the Guest in respect of this arrangement and supersedes any other communication or understandings (whether written or oral) between TETV and the Guest in that regard. Any changes to this Agreement must be agreed in writing between TETV and the Guest prior to the changes coming into effect. 

10.3. Governing Law and Jurisdiction 

This Agreement is governed by, and all disputes relating to or arising in connection with this Agreement or the subject matter of this Agreement shall be resolved in accordance with, the laws of New South Wales, Australia and the parties irrevocably agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from those courts. 

10.4. Joint and Several 

• Where the Guest is two or more persons:
  (a) any agreement, representation, warranty or indemnity given by them binds each person jointly and severally; and 

• (b) any agreement, representation, warranty or indemnity in favour of them may be enforced by any of them. 

10.5. Singular or Plural 

In this Agreement, words in the singular include the plural and vice versa, unless the contrary intention appears. 

10.6. Survival
The provisions of clauses 1, 3.5, 5, 6, 8, 10.3 - 10.5 and this clause 10.6 (and any other provisions which by their nature are intended to continue to have effect) shall survive the expiration or termination of this Agreement and the fulfilment, expiry, cancellation or termination of any Booking. 

10.7. Interpretation 

In the event of any ambiguity, inconsistency or uncertainty in the interpretation of the terms and conditions set out in the body of this Agreement and any other documents or information comprising the Agreement as referred to in clause 1 (a), the Guest shall raise the ambiguity, inconsistency or uncertainty with TETV to resolve and provide direction. 

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