Short Stay Terms and Conditions

1.1            These Terms apply from the Commencement Date until the date that is the earlier of:

(a)             the date the Services are completed (as reasonably determined by us); or

(b)            the date on which these Terms are terminated,

(Term)

2.1            In consideration of your payment of the Price, we will provide the Services in accordance with these Terms, whether ourselves or through our agents, employees and/or contractors.

2.2            All variations to the Services must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the scope of the Services or our obligations under these Terms, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.

3.1            We want to make booking your stay as simple as possible. You may book a stay from us by contacting us directly via our Site (Booking). We may, at our discretion, accept or reject any Booking of a stay, for any reason. If we accept your Booking, a confirmation email will be sent to you by us. It is your responsibility to check the booking details (including, in particular, the details of your stay).

3.2            Your Booking will be complete on your payment of part of, or all of, the Price for the stay in accordance with these Terms, and any Payment Terms set out in clause 5.

4.1            To ensure everyone has an enjoyable and safe experience, we need all Guests to follow these obligations. You agree to (and to the extent applicable, ensure that your Guests agree to):

(a)             comply with these Terms, all applicable Laws, and our reasonable requests;

(b)            provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services;

(c)             your stay being for recreational and holiday purposes only and that any excessive noise, anti-social behaviour, parties or functions of any kind are not permitted;

(d)            the number of Guests during your stay not exceeding the number of Guests set out in your Booking and that any additional Guests must be agreed in advance by us and may be subject to additional fees;

(e)             us taking no responsibility for any of your actions, incidents or damage or loss of your personal property during your stay;

(f)              be responsible for any additional cleaning costs where you have left the property in an unacceptable condition, in our discretion. We will invoice you for these costs, and you agree to pay within 7 days of invoice.

(g)             be responsible for any loss or damage to the property, furniture and fittings during your stay. All damages, breakages or losses are to be reported to us immediately;

(h)            smoking being strictly prohibited in all of the properties;

(i)              the properties, including both interior and exterior areas, its furniture, fittings, and all items provided, being treated with utmost care. You are held accountable for any stolen items from the property during your stay;

(j)              respecting all areas marked as 'private' or 'restricted'. Access to such areas is strictly prohibited unless permission is granted by us;

(k)             neither us or the property owner having responsibility for any injury, death, or damage to personal belongings that occur during your stay or participation in any activity recommended by us;

(l)              avoid any illicit or illegal activities performed on the premises, including but not limited to drug consumption, excessive alcohol consumption. Any activities resulting in disruptive behaviour and domestic violence, are strictly prohibited. In such events, law enforcement will be notified and may result in immediate termination of the stay;

(m)           ensuring pets/animals are only allowed on the property if it is clearly stated in the Booking. If permitted, pets must be supervised at all times to prevent loss or injury;

(n)            not access or download illegal or banned content from the internet using the property's Wi-Fi. Doing so could result in immediate eviction;

(o)            follow all instructions provided by local authorities or emergency services in case of a bushfire or other natural disaster. If a Booking needs to be cancelled due to such unforeseen circumstances, we will cooperate with you to manage the repercussions in the most reasonable and fair manner;

(p)            acknowledge that the property may be located in a remote/rural area that may not be consistently occupied or monitored, and that you are responsible for your own safety and the safety of your Guests while at the property, including in and around any accommodation or facilities;

(q)            acknowledge and accept the inherent risks associated with staying in a rural environment, including but not limited to:

a.        limited access to immediate emergency services;

b.        potential exposure to wildlife;

c.        variable weather conditions; and

d.        natural hazards typical of rural properties;

(r)             acknowledge that weather events can create dangerous conditions, particularly in rural areas, both in traveling to and staying at the property, and that you will take reasonable precautions to ensure your own safety and the safety of your Guests, including following any safety instructions or guidelines provided;

(s)             acknowledge and accept that:

a.        travel to and from the Property may involve driving on rural, unsealed, or poorly lit roads;

b.        night-time driving conditions may be particularly challenging due to darkness, wildlife, and varying weather conditions;

c.        you are solely responsible for ensuring safe travel to and from the property;

d.        we are not liable for any accidents, damage, injury or death that may occur during your travel to or from the property;

e.        the property is located near unfenced bodies of water, including a lake, dam, and a plunge pool on the property. You understand and accept that swimming or any water-related activities in these areas are undertaken entirely at your own risk; and

f.         you are responsible for ensuring your vehicle is suitable for rural driving conditions and that you have appropriate insurance coverage for your journey; and

(t)              respect local noise regulations. Excessive noise or disturbances may result in eviction or penalties; and

(u)            verify that you and all Guests in your party are 18 years of age or older. You understand that the property and its surroundings may not be safe or suitable for young children due to unfenced water bodies and other potential hazards. If you breach this clause and have a person under the age of 18 visit the property, you accept full responsibility for their safety and well-being, and agree to indemnify and hold us harmless from any incidents, injuries, or fatalities that may occur.

4.2            You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 4.

4.3            We may terminate these Terms and request you to leave a stay if in our view your conduct is inappropriate. If we request you to leave a stay on this basis, no refund will be made to you.

To keep things transparent, here is how our pricing and payment process works. In consideration for us providing the Services, you agree to pay all amounts due under these Terms in accordance with the Payment Terms.

5.1            The Price for your stay must be paid in full prior to the commencement of your stay with us.

5.2            If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):

(a)             after a period of 5 Business Days from the relevant due date, cease providing the Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or

(b)            charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms.

5.3            When applicable, GST payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges. “GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

6.1            You may request to transfer your Booking to another individual (Transferee) subject to the following conditions:

(a)             you must provide us with written notice at least 7 days prior to the start date of the Booking, including the full details of the Transferee;

(b)            the Transferee must agree to be bound by the terms and conditions of these Terms;

(c)             the transfer is subject to our approval, which will not be unreasonably withheld.

6.2            Upon approval of the transfer, the Transferee will assume all rights and obligations under this agreement, and you will be released from any further obligations.

6.3            Please note that this clause does not excuse you of any existing obligations or outstanding payments due under these Terms at the time of the transfer request. Any outstanding obligations must be fulfilled by you prior to the transfer.

7.1            Rescheduling or cancellation by us: We may need to cancel or reschedule a stay if required or advised to do so by a government authority or body (such as fire authorities, emergency services, or health departments). In such cases, we will notify you as soon as possible and use our best endeavours to reschedule the stay at an alternate start date that is agreed between you and us. If we cancel a stay due to government or authority advice:

(a)             prior to the start date of the stay, and we cannot find an alternate start date agreed between the Parties, you will receive a refund of any fees that have been paid by you; and

(b)            after the start of the stay, you will receive a refund of any fees that have been paid by you on a pro-rata basis.

Rescheduling or cancellation by you: We understand that sometimes plans can change. For any changes to bookings made at least 30 days prior to your check-in date there's no cancellation fee and you can choose to either reschedule, receive a gift voucher for the full amount or a refund minus our processing fee of 5% of the total.

7.2            Where you cancel your stay:

(a)             30 days or more before check-in date – there is no cancellation fee and you can choose to either reschedule, receive a gift voucher for the full amount or a refund minus our processing fee of 5% of the total;

(b)            15-29 days before check-in date – a 50% refund of the fees will be paid; and

(c)             less than 14 days before check-in date – no refund of the fees will be paid (100% cancellation fee applies).

Should you need to reschedule your stay, you must notify us in writing via info@spacesinplaces.com.au, so we can assist you accordingly. Rescheduling will be subject to availability and the following conditions:

(a)             30 days or more before check-in date – you can reschedule your stay to an available date at no extra cost;

(b)            15-29 days before check-in date – you can reschedule and you will be charged a rescheduling fee of 50% of the total booking amount; and

(c)             Less than 14 days before check-in date – there will be now refund, voucher or rebooking – partial or otherwise.

8.1            Each Party represents and warrants that:

(a)             it has full legal capacity, right, authority and power to enter into these Terms, to perform its obligations under these Terms, and to carry on its business; and

(b)            these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms.

8.2            You represent and warrant that all information and documentation that you provide to us in connection with these Terms is true, correct and complete.

9.1            Nothing in these Terms assigns or transfers any of our intellectual property rights to you.

10.1            Subject to clause 4.2, each Party must (and must ensure that your Guests) keep confidential, and not use (except to perform its obligations under this Agreement) or permit any unauthorised use of, information provided by the other Party, including information about this Agreement and the other Party’s business and operations.

10.2            Clause 4.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 4.1.

10.3            This clause 4 will survive the termination of these Terms.

11.1            Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.

11.2            Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.

11.3            This clause 5 will survive the termination or expiry of these Terms.

12.1            Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law: 

(a)             neither Party will be liable for Consequential Loss;

(b)            a Party’s liability for any Liability under these Terms will be reduced to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to minimise its loss; and

(c)             (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and

(d)            our total liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates. 

1.2            You agree to indemnify us for any losses that we may suffer due to your stay, including but not limited to any damage to the property, furniture or fittings by you or your Guests. Compensation for any damage will be requested directly from you.

1.3            To the maximum extent permitted by law, we exclude all liability, and will have no liability, for:

(a)             any acts or omissions of any third party;

(b)            any information or documentation supplied by you; and

(c)             any property loss or damage (including to your baggage) or personal injury, loss or death, except where caused by our negligent act or negligent omission.

1.4            This clause 6 will survive the termination or expiry of these Terms.

13.1            Amendment: Subject to clause 2.2, these Terms may only be amended by written instrument executed by the Parties.

13.2            Assignment: Subject to clauses 7.3 and 7.11, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

13.3            Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

13.4            Disputes:  A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first complying with this clause 7.4. A Party claiming that a Dispute has arisen must give written notice to the other Party specifying the nature of the Dispute (Dispute Notice). The Parties must meet (whether in person, by telephone or video conference) within 10 Business Days of service of the Dispute Notice to seek (in good faith) to resolve the Dispute.

If the Parties do not resolve the Dispute within 20 Business Days of the date the Dispute Notice was served (or such further period as agreed in writing by the Parties), either Party may refer the matter to mediation, administered by the Australian Disputes Centre, to be conducted in Melbourne, Victoria, in accordance with the Australian Disputes Centre Guidelines for Commercial Mediation.

Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

13.5            Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

(a)             as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and

(b)            uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.

1.6            Further Assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.

1.7            Governing Law: These Terms are governed by the laws of Victoria.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

1.8            Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

1.9            Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

1.10         Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

1.11         Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent.  We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.

1.12         Waiver: Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right. A waiver must be in writing and will be effective only to the extent specifically stated.

In these Terms, unless the context otherwise requires:

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Business Day means a day on which banks are open for general banking business in Melbourne, Victoria, excluding Saturdays, Sundays and public holidays.

Commencement Date means the date that you make part or full payment of the Price.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Price and any Expenses will not constitute “Consequential Loss”.

Consumer Law Rights has the meaning given in clause 5.1.

Expenses means any third party costs or disbursements, reasonably and directly incurred by us for the purpose of the supply of the Services.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Guests means any individuals that accompany you as part of your Booking.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Payment Terms means the timings for payment of the Price and any Expenses, as set out in the Booking.

Price means the price set out in the Booking, as adjusted in accordance with these Terms.

Services means the services set out in the short stay services set out in the Booking, as adjusted in accordance with these Terms.

Site means our website located at www.spacesinplaces.com.au.

Terms means these terms and conditions and any documents attached to, or referred to in, each of them.

In these Terms, unless the context otherwise requires:

(a)             a reference to these Terms or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;

(b)            a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;

(c)             a reference to a person includes a natural person, body corporate, partnership, joint venture, association, government or statutory body;

(d)            a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns;

(e)             a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;

(f)              a reference to time is to local time in Melbourne, Victoria; and

(g)             a reference to $ or dollars refers to the currency of Australia from time to time.