Terms and Conditions Lovestone Cottages
These terms and conditions regulate both the booking you make and the occupation of your Cottage when you come to us.
We are: Tyzack Investments Pty Ltd ACN 119531896 as Trustee trading as Lovestone Cottages (ABN: 45 250 045 623)
You are: Anyone who books accommodation
These are the agreed terms
- Definitions
“Cottage” means any of the three luxury cottages offered for booking by us. “Establishment” means all of Lovestone Cottages and buildings including the grounds which is owned by us.
- Basis of Contract
2.1. You acknowledge that upon booking you understand exactly what is included in the services and you are satisfied that the Cottage and services are suitable and satisfactory for your requirements.
2.2. The Contract between us comes into existence only when we write to you to confirm that the Cottage you want is available. Your payment does not create a contract. If we decline to provide a Cottage, we shall immediately return your money to your credit card or if requested to your nominated bank account.
2.3. This agreement covers the terms of your booking and of the occupation of the Cottage you have booked.
2.4. One or more notices in a Cottage you have booked or around the Establishment may contain information or our requirements as to procedures and behavior. By accepting this agreement, you are deemed to have accepted these notices as being incorporated in this contract, conditionally only upon your reading them. If you read and do not accept any such term, you should speak to a member of the Establishment staff immediately.
- The price and payment
3.1. Prices are in the form of a package or per Cottage, are inclusive of GST and include a complimentary fresh breakfast hamper provided upon arrival and standard cleaning. In the event that the Cottage requires more than the standard cleaning you will be charged a cleaning fee of $50 per half hour.
3.2. We reserve the right to charge an administrative fee in the event you would like to alter your package deal more than 7 days after your booking.
3.3. If there is a discrepancy between the prices advertised on our website and the website of any third-party platform, then the prices on our website will prevail. Prices are firm at the time of booking but otherwise subject to change without notice.
3.4. Changes to ancillary guest services such as massages, food hampers, flowers and any additional services requested must be given 72 hours prior to provision of the service. After this time no refund will be provided.
3.5. We accept payment by cash direct deposit, credit/debit card (VISA or MasterCard). American Express cards are only accepted in relation to third party agencies where a commercial contract is in place between Lovestone Cottages and that provider. In all cases we reserve the right to pass on applicable credit card fees
- Reservation and cancellation
4.1. Subject to clause 2.2, you may reserve a Cottage either by:
4.1.1 giving your credit or debit card details at the time of booking and paying the deposit equal to the first night of stay; or
4.1.2 paying for your Cottage in full in advance on your arrival by providing your credit card details or by direct deposit, either by telephone or by email message.
4.2. A Cottage is reserved up to 6pm on the arrival date unless you have made other arrangements confirmed with us in writing.
4.3. You may cancel a reservation of a Cottage at any time up to 5:00pm on the date 14 days prior to your arrival date.
4.4. If you cancel within the period specified above, we will refund any payment you may have made for the period cancelled. If you cancel later:-
4.5. you are not entitled to any refund of money paid unless the Cottage has been re-booked; and
4.6. if you have booked through a third party platform, you will be charged a cancellation or change of date fee of $50.
4.7. We may, in our absolute discretion, refund part of any money you have paid.
- Pandemic
5.1. When mandated by Queensland Health and the Department of Tourism all guests will be required to check in on arrival using the Check in QLD app for Lovestone cottages. By completing this process, you acknowledge that you are complying with QLD Health Directive.
5.2. We offer a full refund to guests who book directly with us and in the event of a Queensland Government mandated lockdown. Our preference however is to find alternative future dates for your booking. Any refunds will be based on room rate and do not include credit card fees.
5.3. A contactless check-in procedure is available provided payment of the full booking price is completed prior to check-in. Check-in will not be allowed if this condition is not met.
- Arrival and departure
6.1. Cottages are available from 3pm on the arrival date.
6.2. Please let us know if you are likely to arrive after 6pm.
6.3. Your Cottage must be vacated, and you must check out by 11am on the day of departure unless agreed otherwise. If you do not fully vacate by this time, we may charge you overtime at $50 per half hour.
- Our minimum provision
7.1. Our Cottages are subject to minimum three night stay over Long Weekends, Public Holidays, Christmas and Easter periods. In all cases weekend rates shall apply.
7.2. Minimum stay requirements are as follows:
7.2.1 two nights for local customers; and
7.2.2 one night for international customers.
- Restrictions For yourself and every person in your party, you agree that you will not:
8.1. Have more than 2 people per Cottage
8.2. bring any pet animal into the Establishment, except guide dogs for the blind or registered service dogs. All dogs are required to have their own bedding material. A $250 refund is required as part of the booking which will be refunded by direct deposit to a nominated bank account provided upon departure no damage has occurred.
8.3. smoke in any part of the Establishment buildings or grounds except for the Cottage veranda
8.4. transfer a Cottage reservation to any other person.
8.5. advertise, market or otherwise offer any Cottage for sale either on its own or as part of a combined offer.
8.6. cause damage to any part of the Cottage, or any fixture,
fitting or furniture. If you do, you agree to pay us immediately the sum we estimate as the cost of making good that damage;
8.7. play loud or offensive music, create loud noises or use drones on any part of the Establishment; and
8.8. remove or take any plant matter from the Establishment.
8.9. No visitors are allowed on site unless prior arrangements have been made with management. We reserve the right to refuse your request under any circumstance.
8.10. At check-in you will be provided with a remote control for the guest driveway gate. If this is lost or damaged, you will be required to pay a fee of $100.
8.11. We are unable to cater for children of any age.
8.12. We are unable to cater for group bookings or wedding parties at this time. In the event that you breach any of the above restrictions, we may terminate your stay immediately and you will be entitled to no compensation.
- Vouchers and Prizes
9.1. The same terms and conditions outlined in this document apply to the use of Vouchers where these have been provided as a gift to another person.
9.2. Vouchers are not transferable, cannot be redeemed for cash and have an expiry date.
9.3. Recipients of Vouchers may upgrade the value of their stay. For example, two weekday nights could be upgraded to two weekend nights by paying the difference in room rates.
- Security of your credit card
10.1. We take care to make our website safe for you to use.
10.2. Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
- Disclaimers and limitation of liability
11.1. All implied conditions, warranties and terms are excluded from this agreement.
11.2. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us for your Cottage.
11.3. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to ourselves.
11.4. We will not be liable to you for any loss or damage to guests’ property.
11.5. We will not be liable to you for any loss or expense which is:
11.5.1 indirect or consequential loss; or
11.5.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
- Your indemnity. You now agree to indemnify us against all loss, including economic loss, caused to the Establishment, its staff, contractors, clients and guests, arising from:
12.1. your breach of this agreement;
12.2. damage to any Cottage, fixture, fitting or furniture by you or any person for whom you have made a booking;
12.3. any adverse affect you may have on any third party customer or client of ours, or any actual or potential booking by any such person.
- Miscellaneous Matters
13.1. In this agreement unless the context otherwise requires:
13.1.1 The headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation
13.1.2 Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
13.1.3 These terms and conditions apply to all supplies of Cottages by us. They prevail over any terms proposed by you.
13.2. If any part of this agreement is invalid, illegal, unlawful or otherwise incapable of enforcement:
13.2.1 that part will severed from this agreement and will be of no force and effect;
13.2.2 all remaining parts of this agreement will prevail and remain in full force and effect; and
13.2.3 no part of this agreement will be construed to be dependent upon any other clause or part of a clause unless expressly stated to be.
13.3. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
13.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
13.5. This agreement is governed by the laws of Queensland.
These terms are protected by copyright.
SOCIAL MEDIA TERMS
Large Family Trust trading as Lovestone Cottages ™ 119 531 896 (we, us or our) offer our social media pages as a service to provide you with information about us, our services, and other matters of interest. Our social media pages are available to the public and are openly available to all users of the relevant social media website.
Our social media pages are those pages on social media websites including, but not limited to, Facebook, Twitter, Pinterest, Instagram and YouTube, that are identified as being a web page associated with us (Social Media Pages). To avoid any confusion between a third party social media page and our own, a link to each Social Media Page that is associated with us can be found on our https://lovestonecottages.com.au/ (our Website). We do not associate ourselves with, or provide any warranties as to the quality, content or legality of any social media page that is not linked to from our Website.
In accessing and using our Social Media Pages, you must comply with any relevant terms and conditions associated with the relevant social media channels, as well as with these terms and conditions.
Content on Social Media Pages
Regardless of whether it was posted and/or uploaded by us or a third party, We:
- • do not endorse any comments, advice, statements, visuals, audio, videos or other material (Content) posted to our Social Media Pages;
- • do not represent or warrant the accuracy of Content posted to our Social Media Pages; and
- • will not be liable for any Content posted to our Social Media Pages.
Whilst we may not monitor all Content that you post to our Social Media Pages, we expect that you will not post any Content that we may deem to:
- • be defamatory, abusive or hateful, intimidating, or misleading;
- • constitute junk mail or bullying;
- • infringe a third party’s rights; or
- • breach any other laws.
In the event that you do post such material, we reserve the right to remove that material from our Social Media Pages immediately and without notice to you.
We will also remove, without notice to you, any unapproved Content that is commercial in nature. We are not responsible for any advertising material that may be displayed on our Social Media Pages by third parties.
Third Party Links
We may, from time to time, provide hyperlinks to third party websites (Linked Websites). We do not control content posted on the Linked Websites, and we are therefore not responsible for any content found on them. We provide hyperlinks to Linked Websites for your convenience only, and do not endorse or approve any of the
content found within Linked Websites. We do not take any responsibility or warrant the accuracy of any aspect of content or information provided on the Linked Websites.
Intellectual Property
By uploading Content to a Social Media Page, you grant us with a worldwide non-exclusive, sub-licensable, royalty-free licence to:
- • use, reproduce, distribute, display, publish and adapt any part or all of the Content;
- • publicly promote, endorse or market the Content in any way whatsoever, including via the Social Media Pages or otherwise; and
- • perform or carry out any actions associated with achieving any of the above.
We may use the Content for any period of time beyond your removal of the Content from the Social Media Pages.
Miscellaneous
To the extent permitted by law, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Social Media Pages by you.
We do not make any claims that the information or Content on the Social Media Pages is appropriate or may be downloaded in all areas, countries or jurisdictions. If you access any Social Media Pages, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Contact Us
Thank you for taking the time to observe our Social Media Terms. Please email escape@lovestonecottages.com.au us if you have any concerns about any Content on our Social Media Pages.
Social Media Terms last updated 21 June 2023
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