Terms and Conditions
This Agreement is between Bimbala Cottage and the Guest for use of our website www.bimbalacottage.com and to enter into a booking for short-term rental holiday accomodation of the property located at 25 Prentice Avenue, Old Erowal Bay NSW 2540 (the Property).
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Bimbala Cottage” refers to the Managers of Bimbala Cottage, and the website www.bimbalacottage.com. “Guest” refers to you as website user and those other guests who are also staying at Bimbala Cottage as part of the Booking you have entered into.
Bimbala Cottage only permits adults over the age of twenty one (21) years to make a booking to stay for the purposes of holiday accommodation. The Property is a sanctuary of calm and is situated in a peaceful neighbourhood. Please respect our neighbours. By entering into this Booking, you acknowledge that you will keep noise down between the hours of 11pm and 7:30am and to abide by the Noise and Good Neighbour Policy set out in this Agreement. Loud music is not permitted. We do not allow parties or functions to be held in the house without prior permission. We do not accept schoolies bookings.
It is the Guest’s responsibility to inform and update the host of the number of guests prior to check in. If the Booking Guest is unsure whether additional guests may arrive, they are to be included as guests on the reservation. If additional unauthorised guests are at the Property, the Booking will immediately be cancelled as a result of violation of this Agreement. In this instance, the Guest will not be entitled to a refund.
By entering into a Booking to stay at the Property, you agree to these terms and conditions set out in this Agreement as well as any additional terms and conditions that are accessible via our third-party booking platform https://www.airbnb.com.au
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Bimbala Cottage’s rights and obligations to each other.
ACCEPTANCE OF TERMS
These terms and conditions represent an Agreement between the Guest and Bimbala Cottage. All other legal notices, schedules, annexures and attachments relating to this Agreement also comprise this Agreement. By completing the Booking, the Guest will be deemed to have accepted this Agreement and acknowledges that if they do not accept these terms and conditions, they must not proceed with using our website or booking the holiday accomodation service.
You acknowledge and agree that the use of the website and website services is at your own risk and that using the website and website services in any way other than what is expressly stated in this Agreement will amount to a breach of the terms and conditions, and may be terminated in accordance with the provisions of this Agreement.
If you are under the age of twenty one (21) years, you are unable to make a booking to stay at the Property.
By making a booking via our website which directs the Guest to Airbnb, the Guest acknowledges having read and agree to be bound by this Agreement and our short-term rental agreement; and that the Guest warrants and represents that you are at least twenty one (21) years old and you are unaware of any age restrictions relevant to the Booking or imposed by external service providers. If a third party is making the booking on your behalf, you warrant you have authorised the third party to do so, and you have been advised of these terms and conditions which form this Agreement.
GUEST OBLIGATIONS AND AUTHORISED USE OF THE PROPERTY
The Guest acknowledges that by entering into this Booking with Bimbala Cottage, the Guest agrees to abide by the following:
- To be an occupant of the Property for the entire duration of the stay.
- To ensure that all other occupants who are staying at the property during the course of your Booking are aware of this Agreement and that it is binding upon them.
- Not to sublet or allow unregistered Guests to stay at the Property without prior authorisation by Bimbala Cottage
- To comply with all applicable laws and regulations, both federal, state and local.
- To cooperate with Bimbala Cottage and abide by this Agreement during the course of the stay
- To ensure that the Property is not used for any unauthorised purpose other than the approved purpose set out in this Agreement which is for holiday accommodation only.
- To close and lock doors and windows when the Guest is not present at the Property and when departing the Property upon check-out. The Guest will return the key to the lock box and scramble the code in accordance with the instructions provided by Bimbala Cottage. The Guest has sole responsibility for the security of Bimbala Cottage during their stay, and also for the safety of the keys. If keys are misplaced, the Guest acknowledges that they will be responsible for the replacement cost of another set of keys or, alternatively, or replacement of the locks by a locksmith.
- Not use the Property for any criminal activity, including online, and acknowledges Bimbala Cottage will cooperate with any investigation of alleged criminal activity at the Property during or after the stay.
- Not to wear any shoes in the property, including high heels. Please ensure that you wear slippers or ugg boots if you require footwear in the Property.
- Not to smoke on the Property premises, whether inside or outside.
- Not to use the Property for any parties or gatherings without prior written permission from Bimbala Cottage
- To ensure that if they wish to use the recreational amenities they provide Bimbala Cottage with prior notice and receive approval to use these amenities. The Guest also agrees that they are bound by the Assumption of Risk clause set out in this Agreement whilst using the recreational amenities.
- Any damage to the Property whether soft furnishings, fixtures or fittings and all items internal and external to the Property (including recreational amenities) must be reported immediately to Bimbala Cottage. If a report is not made at the time of the damage, and Bimbala Cottage is later made aware of the damage following the end the stay, the Guest acknowledges that Bimbala Cottage will forward fees for replacement value of the damaged items to the Guest.
- Not to have any pets at the property, whether inside or outside the premises.
- To abide by the Noise and Good Neighbour Policy which forms part of this Agreement.
- To ensure the property remains clean and tidy and to refrain from eating on couches.
- Not to make any alterations to the property
- Not to allow any motorbikes on the premises, weapons of any kind or fireworks on the premises.
- To ensure that they abide by the local fire regulations and refrain from using the fireplace or BBQ when fire restrictions are in place. The Guest acknowledges that it is their responsibility to check fire restrictions and that Bimbala Cottage will not be held liable if the Guest breaches any local fire restrictions or incurs any related fines. The Guest agrees that, in these circumstances, Bimbala Cottage will pass on the fines to the Guest who will be responsible for payment.
This Agreement allows the Guest to enjoy all of the facilities available at Bimbala Cottage including the following;
- 24 hour help line with Bimbala Cottage in the event of any difficulties or emergency. Bimbala Cottage’s contact details are provided in Bimbala Cottage Welcome Guide.
- Free internet connection is available to all Guests during the course of their stay at the Property. However, the Guest acknowledges that the connection of internet during the period of their stay is not guaranteed and may be disrupted or unavailable at any time and without notice. The Guest acknowledges that this is beyond the control of Bimbala Cottage and will not hold Bimbala Cottage responsible for any losses incurred as a result of an inability to access the internet connection during the course of their stay.
- All recreational amenities available for use at the Property must be securely stored in the garage and returned in the same condition. The garage must be locked at all times. Lost, stolen or damaged recreational amenities will incur costs which will be reflective of replacement cost. Bimbala Cottage will forward an invoice to the Guest in this event with an invoice that details the replacement cost.
- It is the responsibility of the Guest to ensure that any third parties engaged to provide services at the Property including, but not limited to, caterers, massage therapists and beauticians are informed of these Terms and Conditions and hold appropriate Public Liability insurances. Bimbala Cottage accepts no liability for any third-party services, including those which have been recommended or booked by Bimbala Cottage for the Guest.
- All personal property and effects which are left behind at the Property is the sole responsibility of the Guest who must either arrange payment for post or delivery or contact Bimbala Cottage to arrange for collection of the item in person from the Property.
- The Guest acknowledges that the Property is located in an area where it may be visited by wildlife and insects including native wildlife and rodents (collectively referred to as “wildlife”). The Guest agrees that Bimbala Cottage is not responsible for the natural and surrounding habitat and cannot exercise any control over the wildlife that visits the Property either internally or externally.
- Bimbala Cottage does not accept liability or loss caused by failure of equipment and/or services out of the control of Bimbala Cottage, including, but not limited to, water, gas, electricity, internet, 80s arcade, coffee machine and Netflix account. In the event of a failure, the Guest should notify Bimbala Cottage in the first instance. The Guest acknowledges that any problems that arise during the course of the Guest’s stay that do not constitute an emergency as determined by Bimbala Cottage, will be remedied as soon as reasonably practicable.
- The Guest agrees that Bimbala Cottage is able to enter the Property at any time, without notice, to protect and/or undertake maintenance of the Property. Bimbala Cottage will ensure that as much notice is provided to the Guest as possible of any intended maintenance during he course of their stay. Bimbala Cottage is also able to enter the Property at any time in the event of a complaint being raised by Council or Police of any issues at the Property, or in the event of an emergency (such as an evacuation order as a result of fire, flood or other natural disaster).
SUPERVISION OF CHILDREN AND MINORS
Guests under the age of twenty one (21) are only permitted to stay at the Property if they are accompanied by their parent, guardian or an authorised responsible adult who has responsibility for their supervision.
Children must be supervised at all times. Bimbala Cottage is a very old property and has a large verandah with fencing which has spaces where children could fall through and stairs which children could fall down if not fully supervised. Children are also at risk when the fireplace is on and there are items inside and outside the house which pose a danger to children if unsupervised. Guests acknowledge that it is their responsibility to fully supervise and monitor any children staying at the Property as part of this Agreement. Guests further acknowledge that they indemnify Bimbala Cottage against any and all liability arising from any injury sustained by children and minors staying at the property.
NOISE AND GOOD NEIGHBOUR POLICY
You acknowledge that parties and gatherings are strictly prohibited at the Property without the prior written consent of Bimbala Cottage.
All Guests of the Property must ensure that they abide by the following in relation to their obligations to keep noise to a minimum, and to be respectful of our neighbours:
- All noise must be kept to a minimum after 11pm at night and before 7:30am in the morning.
- Any noise after 11pm and prior to 7:30am must be confined inside the Property and must be kept to a minimum.
- Any loud music or other noise can present a disturbance to our neighbours and is strictly prohibited.
- When using the gazebo, the Guest agrees that music will not be played too loudly and that swearing, inappropriate or disrespectful behaviour and conversation will not take place.
- Parking in front of the neighbours properties is strictly prohibited.
- Lights on the gazebo should be turned off after 11pm when the Guest and all those guests subject to this Booking are required to return inside so as not to be making excessive noise, outside or keeping the neighbours awake with the gazebo lights.
- Any behaviour exhibited by the Guest and all other guests subject to this Booking, that is disrespectful and disruptive to neighbours, the community, or leads to a formal complaint to Bimbala Cottage, Airbnb or the local police station, will result in the immediate termination of this Agreement. In the event that this occurs, Bimbala Cottage will evict the Guest and all other guests subject to this Booking. Any fine(s) incurred as a result of the complaint are payable by the Guest and Bimbala Cottage will not have any responsibility for such fine(s).
REVIEWS AND SOCIAL MEDIA AUTHORISATION
The Guest is welcome to tag @bimbala_cottage when posting to Instagram during their stay or Bimbala Cottage on Facebook. Unless the Guest expressly objects, Bimbala Cottage may tag you in some of our posts on matters of interest or reporst your images on Bimbala Cottage social media accounts.
Where, upon request, you provide us with images of you or others taken during your stay at the Property, unless you expressly object to the use of these images that Bimbala Cottage may use for Bimbala Cottage social media, you acknowledge that Bimbala Cottage is not liable in relation to the images used in Bimbala Cottage marketing material or for promotional purposes. You agree that Bimbala Cottage is under no obligation to seek prior permission from you to use your images, nor is it Bimbala Cottage’s responsibility to investigate whether or not there are any legal limitations on the use of the images.
Testimonials that have been received from other guests on either Airbnb, Bimbala Cottage website or social media accounts, is indicative of the guest’s experience at the Property only and may not necessarily represent what other guests are likely to experience. Whilst Bimbala Cottage will do everything possible to ensure that each guest has a wonderful stay, Bimbala Cottage will not be liable for an experience which falls short the Guest and all other guests subject to the Booking’s expectations that they may have formed from reading a past guest’s testimonial. Bimbala Cottage does not warrant that the testimonials represent a typical experience for all guests.
OUR ACCOMODATION SERVICES AND SERVICES DISCLAIMER
Our website aims to provide information about our short-term rental accommodation at the Property.
The information, content and material contained in or made available through the website and website services are provided for general information purposes only. None of the content on this website represents or warrants that the website services or accommodation services are appropriate or effective for you.
To the extent that we provide any explicit or implied recommendations of any website services, accommodation services, restaurants or leisure activities, such recommendations are only general in nature and not specific to any situation. We do not warrant that any of these recommendations are available at the time of your Booking, or that they are appropriate for you. The information provided on our website is not intended to be a substitute for your won enquiries, professional financial or legal advice, nor do we claim to be an expert in relation to the Jervis Bay area.
All information provided by us is provided in good faith, though we make no guarantees of any specific outcomes from the use of the website, website services or accommodation services. We derive our information from sources that we believe to be accurate and up to date at the date of publication, however, we do not make any representations or warranties that the information we provide is reliable, current or complete at all times. Your reliance on any of our website services or the information on this website is solely undertaken at your won risk, and we make not guarantees as to the appropriateness, outcomes or results involved in Booking with us. The Guest acknowledges that at the time of entering into this Agreement, they do not place reliance upon any of the information provided in relation to the services available, particularly from Third Parties, as these are subject to change and it is the Guest’s responsibility to make their own enquiries in relation to these services prior to their arrival at the Property.
Testimonials and any publicity materials displayed on our website serve as examples only of experiences and opinions of previous Guests’ experiences with us. As such, the testimonials are not intended to guarantee current or future users the same or similar experiences during their stay at Bimbala Cottage.
NSW CODE OF CONDUCT FOR THE SHORT-TERM RENTAL ACCOMODATION INDUSTRY
Bimbala Cottage ensures that it is compliant with the NSW Code of Conduct for the short-term rental accommodation industry (as amended) (the code) which became mandatory on 18 December 2020.
The code sets out minimum standards of behaviour and requirements not only for booking platforms, letting agents and faciliatiors and hosts, but also for guests. Guests who have entered into a Booking at Bimbala Cottage must comply with the code, criminal and planning laws, the terms of their short-term rental agreement and other applicable laws. Under the code, guests have obligations to neighbours in relation to the use of the property and personal and other property at the premises and are responsible for their fellow Guests.
Bimbala Cottage requires all Guests to ensure that they have read, are familiar with and acknowledge their obligations under the code prior to making a booking or commencing their stay at the Property. https://www.fairtrading.nsw.gov.au/resource-library/publications/code-of-conduct-for-the-short-term-rental-accommodation-industry
Bimbala Cottage also ensures that it is compliant with the regulations set out in the State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-Term Rental Accomodation 2021). Bimbala Cottage is currently registered to provide short term accommodation in NSW. Bimbala Cottage registration is PID-STRA-35724
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Bimbala Cottage is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Bimbala Cottage shall use reasonable efforts to protect information submitted to us by you in connection with the website and website services, but you agree that your submission f such information is at your sole risk, and you release us from any and all liability to you for any loss or liability relating to such information in any way.
Bimbala Cottage does not represent or guarantee that the website will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and you hereby release us from any liability relating to these matters. You shall be responsible for backing up your system, including any content acquired through the website. Bimbala Cottage is not responsible for any data charges you may incur in downloading or streaming over a data connection.
BOOKINGS AND SHORT-TERM RENTAL AGREEMENT
Guests acknowledge that they must make themselves fully aware of the terms and conditions of this Agreement to use our website and stay at the Property prior to making a booking.
Under the code, persons who are listed on NSW Fair Trading’s Exclusion Register are not permitted to make bookings, and the Bimbala Cottage is not permitted to allow those persons to enter into a an Agreement to stay at the Property at any time.
There is a maximum number of guests permitted to stay at the Property as indicated on Bimbala Cottage website. If the number of guests at the property exceed the maximum number stipulated, you may incur a fee in accordance with our schedule of costs and we shall be entitled at our discretion to immediately terminate your booking and your stay at the Property.
By entering into a Booking at the Property, you acknowledge that you are bound by this Agreement and that his extends to all other guests on whose behalf you have booked. You acknowledge that you have read and agree to be bound by this Agreement and you represent and warrant that you are at least twenty one (21) years of age and that you are aware of any age restrictions relevant to your booking at our Property.
If we reasonably believe that the information that you have provided is false, inaccurate or misleading, we may at our sole discretion, suspend your booking pending resolution of the issue. Alternatively we may terminate your booking and your access to the property in which case no refund of any amounts will be payable to you.
Bimbala Cottage is not permitted to be used for schoolies, parties, functions or group gatherings larger than the maximum guest limit stipulated on our website and Airbnb platform. If you breach these restrictions, we may cancel or terminate your booking and no refund of any amounts will be payable to you, and if your booking has commenced you may be liable to pay additional amounts under our schedule of costs.
Bookings may only be varied and cancelled in accordance with the terms and conditions of our short-term rental agreement are subject to minimum notice periods as set out on our Airbnb platform.
We will not be held liable for any losses, costs and/or expenses incurred by guests as a result of termination of a booking.
FORCE MAJEURE AND PUBLIC HEALTH CANCELLATION OF BOOKINGS
Bimbala Cottage may vary or cancel your booking due to force majeure, terrorism, natural disasters, war, political instability either domestic or globally, pandemics or other external events making it impractical, unsafe or unviable for Bimbala Cottage to uphold the booking. Where the booking has been varied or cancelled, we will, where feasible, use our best endeavours to provide alternative accomdoation as far as practical and possible. However, we will not be held responsible for finding alternative accommodation and do so purely in good faith. We will also voluntarily offer you the right to amend or cancel the booking at your own discretion.
CANCELLATIONS. RE-SCHEDULE AND REFUNDS
By entering into this Agreement, the Guest acknowledges that the following rights and obligations arise in the event of cancellations, re-scheduling of bookings and when obtaining refunds:
In the event that less than 21 days notice and up to seven days before the commencement date of the booking, Bimbala Cottage shall be entitled to a 50% cancellation fee.
After 7 days prior to the commencement date of the booking, no refunds shall be paid and Bimbala Cottage shall be entitled to retain accommodation fees paid.
No cancellations are accepted on the day of arrival or after check-n. The Guest will be charged the total of the reserved stay under all circumstances where cancellation occurs during this period.
To enable Bimbala Cottage to comply with public health laws, we have a right to vary or cancel bookings in our discretion if we are affected by public health laws or any health alerts or guidelines that impact upon our ability to provide short-term accommodation. In these circumstances, Bimbala Cottage will offer you the opportunity to reschedule the commencement date of your booking to another date within 12 months or may cancel the booking in which case you will receive a refund.
A booking can be rescheduled with no cancellation fees, provided 21 days notice has been given. The new booking date must be within 6 months from the original booking date.
All bookings at the Property are conducted via the Airbnb platform. Refunds to guests are in accordance with the Airbnb refund policy. Guests are encouraged to familiarise themselves with the Airbnb refund policy and any refund stipulations that Bimbala Cottage may stipulate which will also be communicated via the Airbnb platform.
ASSUMPTION OF RISK
The use of Bimbala Cottage, its facilities, recreational amenities and equipment by you, additional guests who are staying as part of this Booking, and visitors, is at your own risk.
You agree to be responsible for any damage to Bimbala Cottage, furniture or equipment including recreational amenities which you may cause due to negligence.
You hereby waive and release, indemnify, hold harmless and forever discharge Bimbala Cottage and its current and/or former agents, employees, officers, directors, affliates, successors and trustees from and against any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities of every kind of nature, whether known or unknown, in law or equity, that you ever had or may have, arising from or in any way related to your usage and/or stay in Bimbala Cottage, or any activities that you have partaken in on the premises of Bimbala Cottage or off site of Bimbala Cottage using recreational amenities, provided that the waiver of liability will not apply to any acts of gross negligence or intentional or wilful misconduct by Bimbala Cottage.
You assume all risk and take 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 personal property and losses of all kinds whatsoever arising out of, attributable to, caused by or resulting from usage of equipment, furniture or recreational amenities of Bimbala Cottage, and any part of it and all facilities at the property and all guests’ stay at the property, which may include but is not limited to using the property or any part of it in any manner and participating and/or engaging in activities at the property, or using Bimbala Cottage’s recreational amenities off site of the Property.
LIMITATION OF LIABILITY
To the fullest extent permitted by law (and to the extent permitted under Australian Consumer Law), the total liability of Bimbala Cottage under or in connection with this Agreement in respect of all claims (if any) is limited to the fees paid or payable for the Booking and in any event, will never exceed the available proceeds of public liability insurance coverage of Bimbala Cottage (as varied from time to time) or the fees paid to Bimbala Cottage by the Guest, whichever is the lesser amount.
In no case shall Bimbala Cottage, its officers, employees, affiliates, agents, contractors, or licensors be liable for any Consequential Loss arising from the Guest’s use of, or reliance on the services, the website and/or content or information provided in the Property or in information brochures in the Property including, but not limited to any errors or ommissions 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 the services, even if advised of their possibility.
WAIVERS AND INDEMNITY
To the fullest extent permitted by law, you agree that you shall not sue or seek to recover damages from Bimbala Cottage, our directors, officers, employees, affiliates, agents, contractors and licensors as a result of any decision we make to remove or refuse to process any information or content, to warn you, to suspend, limit or terminate your access to the website or website services or to take any other action during the investigation of a a suspected violation or as a result of our reasonable conclusion that a violation of these terms and conditions has occurred. This waiver and indemnity extends to all violations described in or contemplated by these terms and conditions which form the basis of this Agreement.
CHANGES TO OUR SERVICES, PAYMENT AND PRICING
Our website services and our accommodation services may be subject to change without notice. We reserve the right at any time and without notice to modify, or discontinue any website services and accommodation services and we shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of any website services or accommodation services.
LINKS TO OTHER WEBSITES
Bimbala Cottage may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.bimbalacottage.com and the owners of those websites. www.bimbalacottage.com takes no responsibility for any of the content found on the linked websites.
Bimbala Cottage’s website may contain information or advertisements provided by third parties for which Bimbala Cottage accepts no responsibility whatsoever in relation to any information or advice provided to you directly by third parties. We are making a recommendation only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, Bimbala Cottage absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of fitness for any particular purpose. Bimbala Cottage gives no warranty that the holiday accomodation service will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times ,endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Bimbala Cottage to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. www.bimbalacottage.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
Bimbala Cottage may be required, in certain circumstances, to disclose information in good faith and in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our guests or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Bimbala Cottage.
Bimbala Cottage expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term Bimbala Cottage will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Bimbala Cottage reserves the right to exclude and deny any person access to our website, services or information at our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Bimbala Cottage expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and Bimbala Cottage concerning your use and access to our website and your Booking with us.
No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions which forms the basis of this Agreement.
This Agreement and this website are subject to the laws of NSW and Australia.
If there is a dispute between you and Bimbala Cottage that results in litigation then you must submit to the jurisdiction of the courts of NSW. In the event of a dispute, a party must not commence any court or other proceedings relating to the dispute unless it has first issued a written notice to the other party specifying the nature of the dispute. It is the responsibility of the party who has issued the written notice to apply for the matter to be resolved by way of mediation within twenty one (21) days of issuing the written notice. If the dispute cannot be resolved then the parties shall be free to pursue any right or remedy available to them under applicable law. Nothing in this Agreement will prejudice the right of a party to institute proceedings to enforce payment due under this Agreement or to seek urgent injunctive or declaratory relief in respect of a dispute or any matter arising under this Agreement.
This Agreement represents the entire Agreement between Bimbala Cottage and the Guest in respect of this arrangement and supersedes any other communication or understandings (whether written or oral) between Bimbala Cottage and the Guest in regard to use of this website or the Booking.
Any changes to this Agreement must be agreed in writing between Bimbala Cottage and the Guest prior to the changes coming into effect.