Terms and Conditions

 

 

 

 

 

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

 1.        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.

2.         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 returnyour 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 behaviour. 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.

3.          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

4.         Cost and damages

4.1        At time of check-in a credit card preauthorisation will be validated on your credit card to the value of $250. The purpose of the  pre-                              authorisation is to allow Lovestone Cottages to be compensated in the event of both internal and external damages, breakages or losses to                   the Property, furniture and/or furnishings and fittings.

4.2        All damages, breakages or losses to the Property, furniture and/or furnishings and fittings are to be reported immediately to Lovestone                         Cottages management. To avoid being charged for any damage not caused by the Guest, such faults or breakages should be brought to the                   attention of Lovestone Cottages management immediately following check-in.

4.3       If after check-out any inventory that is identified as broken, damaged, or missing, the guest will be responsible for cost of repair or full                           replacement of the property, or if applicable. The full cost of replacement or repair to any item within the property will be charged to the                     credit card supplied at booking. The preauthorisation will be released within 24-48 hours of departure, dependant on the guest’s bank

4.4      If the value of damage exceeds $250 then we reserve the right to take further action.

5.         Reservation and cancellation

5.1.       Subject to clause 2.2, you may reserve a Cottage either by:

             5.1.1      giving your credit or debit card details at the time of booking and paying the deposit equal to the first night of stay; or

             5.1.2      paying for your Cottage in full in advance on your arrival by providing your credit card details or by direct deposit, either by                                              telephone call or by email message.

5.2        A Cottage is reserved up to 6pm on the arrival date unless you have made other arrangements confirmed with us in writing.

5.3       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 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:

5.4       you are not entitled to any refund of money paid unless the Cottage has been re-booked; and

5.6       if you have booked through a third party platform, you will be charged a cancellation or change of date fee of $50

5.7       We may, in our absolute discretion, refund part of any money you have paid.

6.         Pandemic

6.1        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.

6.2        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. 

6.3       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.

 7.         Arrival and departure

7.1        Cottages are available from 3pm on the arrival date.

7.2        Please let us know if you are likely to arrive after 6pm. 

7.3       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.

8.         Our minimum provision

8.1        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.

8.2        Minimum stay requirements are as follows:                                                                   

             8.2.1     three nights for international customers.

             8.2.2     two nights for local customers; and 

 9.         Restrictions

            For yourself and every person in your party, you agree that you will not:

9.1        Have more than 2 people per Cottage

9.2        Bring any pet animal into the Establishment, except guide dogs for the blind or registered service dogs. Relevant accreditation is required                    and then approval by Lovestone Cottages is required.  All dogs are required to have their own bedding material. A $250 full refundable                          deposit or credit card pre-authorisation 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 occured. Please note that Quandong Cottage is the only cottage where dogs are permitted.

9.3       Damage any internal and external property, furniture and/or furnishings and fittings. Where damages have occurred, the process detailed in                Clause 4 will occur.

9.4       Smoke in any part of the Establishment buildings or grounds except for the Cottage veranda   

9.5       Transfer a Cottage reservation to any other person

9.6        Advertise, market or otherwise offer any Cottage for sale either on its own or as part of a combined offer

9.7        Play loud or offensive music, create loud noises or use drones on any part of the Establishment

9.8        Remove or take any plant matter from the Establishment

9.9        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.

9.10       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.

9.11      We are unable to cater for children of any age.   

9.12      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.

 10.      Vouchers

10.1      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.

10.2      Vouchers are not transferable, cannot be redeemed for cash and have an expiry date. 

10.3      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.

11.        Security of your credit card

11.1       We take care to make our website safe for you to use.

11.2      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.

 12.      Disclaimers and limitation of liability 

12.1      All implied conditions, warranties and terms are excluded from this agreement.

12.2     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.   

12.3    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.

12.4       We will not be liable to you for any loss or damage to guests’ property.

              12.5.1     We will not be liable to you for any loss or expense which is: 12.5.1 indirect or consequential loss; or

              12.5.2    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.

13.      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

13.1      your breach of this agreement;

13.2     damage to any Cottage, fixture, fitting or furniture by you or any person for whom you have made a booking;

13.3    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.

14.      Miscellaneous Matter
14.1      In this agreement unless the context otherwise requires: 

           14.1.1 The headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the                             interpretation 

           14.1.2  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.

         14.1.3 These terms and conditions apply to all supplies of Cottages by us. They prevail over any terms proposed by you. 

14.2   If any part of this agreement is invalid, illegal, unlawful or otherwise incapable of enforcement: 

         14.2.1 that part will severed from this agreement and will be of no force and effect;

         14.2.2 all remaining parts of this agreement will prevail and remain in full force and effect; and

          14.2.3  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.

14.3    Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.   

14.4     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.   

14.5     This agreement is governed by the laws of Queensland.

    These terms are protected by copyright.

     Acceptance by guest

    I have understood and accept the above terms and conditions, any related pandemic requirements and I agree that they form part of the contract between us. I further assure that I am 18 years of age or over.

     

     

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