a) “Company” means Louisa Fallon trading as the Stylish Camping Co (ABN 41 364 470 531)
b)”Client” refers to the person named as the hirer on the tax invoice.
c)”Guest” means any person using the equipment during the period of hire, whether the Client, their invitees or others, that are in, have access to or otherwise utilise the equipment.
d)”Equipment” is the tents, their contents including but not limited to all other camping equipment, bedding, decorative items, accessories and materials provided by the Company to the Client for use during the period of hire.
e) “Security Bond” means the amount of $100 per individual tent per hire, noting such security bond is to increase to $150 per tent for group bookings involving more than 5 tents, paid with the final payment to secure adherence with the obligations below.
2. The Company agrees to:
a) Provide the equipment for use by the Client and their Guests at the agreed site for the period of hire, as set out on the tax invoice.
b) Erect any structure on or before the date of set up for the period of hire.
c) Provide the equipment in good working order.
d) To disassemble and remove all equipment from the agreed site on or after the final date of the period of hire.
3. The Client agrees to:
a) Pay the total cost of hire and refundable Security Bond if hire period falls within 30 days of booking.
b) Pay the booking deposit of 50% of the total cost of hire at the time of booking. The booking will only be operative upon receipt of the deposit by the Company.
c) Pay the balance of the total due to the Company no later than fourteen (14) days prior to the commencement of the period of hire, plus the refundable Security Bond
d) The Client acknowledges that Security Bonds will be refunded within seven (7) days of end of period of hire, subject to any loss or damage to the Equipment. The Client will be liable for the cost of any loss or damage exceeding the amount of the Security Deposit. Details of any loss or damage will be provided to the Client.
e) The Client accepts that the Security Bond will be retained and refunded after the Company has been able to assess that the equipment has been returned to the Company free of damage or loss or claim, otherwise such bond is to be refunded to the Client within 7 days, unless notice of a claim for damage or loss has been made by the Company to the Client in writing during that period;
f) The Company reserves the right to deduct the Security Bond, the cost of any unpaid hire fees, rectification works, repairs or replacement costs incurred due to damage or loss sustained.
g) Regardless of whether it is the Client or their Guest responsible for any damage or loss, the Client has ultimate responsibility for the equipment;
h) Prior to the commencement of the period of hire the Client must:
i) Provide the Company with a clear and legible map and/or directions indicating the location of the agreed site.
ii) Provide the Company with a clear and legible plan indicating the preferred position in which the Equipment is to be placed. Despite any such plan, the Client acknowledges that the Company has the right to set up the Equipment in a position it thinks most suitable and fits the purpose.
iii) For set-ups on private properties, ascertain the location of all underground services or any other impediments and provide those details to the Company. Despite any such notification, the Client will be responsible for any damage incurred to underground services of any type.
iv) Obtain all necessary permits and/or licences from any Government Authorities (include but not limited to Local Council, Police Service and Fire Service) as necessary for the duration of the period of hire. Any and all costs associated with obtaining such permits will be payable by the Client. Should any delay or cancellation of the hire occur in relation to such permits, all fees or other associated expenses will be payable by the Client. All requirements pursuant to such permits and/or licences must be notified to the Company in writing no less than thirty (30) days prior to the set up date. In the event these requirements delay or result in the Company being unable to perform its obligations, the Company shall notify the Client and the agreement shall be deemed void.
v) The Client acknowledges that occupancy is not to exceed the maximum number of guests per tent as detailed on the tax invoice or booking request.
4. Cancellation / Reschedule Policy
a) In the event the booking is cancelled by the Client, any hire costs will be surrendered as follows:
i) Security Bonds paid will be refunded in total;
ii) The cost of hire will be forfeit in its entirety if the Client gives notice of cancellation to the Company less than fourteen (14) days prior to the commencement of the period of hire;
iii) one half of the cost of hire will be forfeit if the if the Client gives the Company more than fourteen (14) days prior to the commencement of the period of hire;
b) In the event the Company is able to reschedule a booking to a later date, all costs of hire paid and security bonds paid will thereafter apply to the amended bookings for revised hire and the cancellation policy above will apply to any cancellation of a subsequent period of hire.
c) The Company will use its best endeavours to reschedule a booking however it reserves its right to refuse any request to reschedule if unable acting reasonably to accommodate a revised period of hire.
5. The Equipment
a) The Client is fully responsible for the Equipment for the duration of the period of hire.
b) The Client will be responsible for all expenses, losses, damages, and/or claims suffered during the period of hire arising from any negligence, omission or fault of the Client and/or any such claims, or reimburse the Company for any losses or damages to the Equipment, regardless of who caused the damage during the period of hire.
c) The Client agrees not to use any electrical equipment included but not limited to lighting, appliances, cooking or other decorative electrical items, without written consent being received from the Company. Such consent must be requested prior to the commencement of the period of hire.
d) The Client agrees not to use any naked flame in, or within four (4) metres of the Equipment.
e) The Client agrees to immediately report any theft of the Equipment to the local Police Service and to the Company.
f) The Client agrees to use the Equipment for purposes only that accord with the laws of the jurisdiction in which the site is located.
g) The Client agrees not to deface or tamper with the Equipment including, but not limited to, affixing any object to the Equipment.
h) The Client agrees no smoking is permitted within four (4) metres of the Equipment.
i) The Client agrees no animals, including pets, are permitted within two (2) metres of the Equipment.
j) The Client agrees not to remove the Equipment, or any part thereof, from the agreed site at any time.
k) The Client acknowledges the Equipment is not suitable for children under the age of eighteen (18) years without the immediate supervision of a responsible adult.
l) The Client agrees that all Equipment will be vacated by the departure time provided in writing by the Company. The standard rate of daily hire may otherwise be applied until vacant possession is provided, such additional hire fee, or part thereof, can be deducted from the Security Bond.
m) The Company reserves its right to inspect the Equipment at any time for the duration of the hire period.
n) Should there be any damage sustained to the Equipment, or any other breach of these Terms by the Client, the Company reserves the right to remove the Equipment from the site without notice to the Client.
6. Set Up of Equipment
a) For the purposes of assembling and disassembling of the Equipment, the Client will ensure the Company is provided with unencumbered access to the site, free of any impediment including cost.
b) The Company shall not be liable to the Client for any delay, poor or non-performance of the terms of this hire that result from forces of nature such as weather conditions, including high winds, flood, storm, nor any other situation that causes health or safety concerns for the employees of the Company or that would put the equipment at risk.
c) Should such forces of nature cause the assembling / set up of the Equipment not to occur at the commencement of the period of hire, the Company shall determine whether it is appropriate to set up the Equipment at any later stage during the duration of the period of hire. Should the Company determine that set up is not appropriate for any reason, the agreement will be terminated, payment refunded to the Client and the Client agrees to have no additional claim against the Company.
d) The Client will indemnify the Company in relation to any and all liability for personal injury or property damage that arises either directly or indirectly as a result of this hire.
e) The Client will indemnify the Company in respect of any claims made by a third party in this regard.
7. Title to Goods
a) At all times the Company retains title to all the Equipment.
b) The Client will not sub-let, sell or profess to sell, part with possession, or otherwise deal with the Equipment, or any part thereof, nor part with possession of any of the Equipment for the duration of the period of hire.
8. COVID-19 Health & Safety
a) Whilst COVID-19 restrictions are in place, the following will apply and the Client will accept all responsibility for all compliance with State and Federal restrictions for all hire periods
b) Clients and Guests must adhere to all current Federal and State restrictions and guidelines prior to, during and following the period of hire as advised on www.healthdirect.gov.au.
c) The Company reserves the right to place restrictions on Guest capacities when using the Equipment to ensure compliance with relevant guidelines
d) Clients and Guests agree to follow any capacity restrictions.
e) Hand sanitiser will be provided sufficient for each guest.
f) Towels will not be provided. Guests must provide their own towels for their own personal use only.
g) Social distancing of 1.5m must be practiced at all times.
h) Clients and Guests agree that only communal areas are to be used to socialise with tents to be used as accommodation not for gatherings in conflict with health guidelines.
i) Clients and Guests must not share drinking glasses, cups, dishes, utensils or towels.
j) The Company will ensure that all Equipment is sanitised before and after the period of hire.
k) Should the period of hire be postponed due to COVID-19 restrictions, all bookings will be transferred to a revised date mutually agreed between the Client and the Company.
l) Should a booking be cancelled due to Federal or State Government COVID-19 restrictions, a cancellation charge of $25 per Guest will apply. The balance will be refunded to the Client within 14 (fourteen days) of the date of cancellation. This overrides the cancellation policy as outlined in Clause 4 above.
9. Parties agree that this hire will be governed by the laws of New South Wales.