The Eastern

Terms & Conditions

This Booking Agreement (the Agreement) is between Monique Catherine Easton trading as The Eastern Thredbo Village ABN 52 091 086 362 (TETV) and the Guest(s) named in the Booking, for the holiday rental of the Property located at 1 Diggings Terrace, NSW 2625 (Cedar Cabin) or 19 Bobuck Lane, Thredbo Village, NSW 2625 (Oak Apartment) (together, the Property).

IT IS AGREED AS FOLLOWS:

• ACCEPTANCE
• This Agreement includes all other legal notices (accessible at www.theeasternthredbovillage.com), the TETV House Rules, and any guidelines, including those set out by the Thredbo Village Sub-lease Contract, schedules, annexures, and attachments relating to this Agreement, provided with, or separately forming part of this Agreement.
• This Agreement is subject to any current and future COVID-19 regulatory or legislative provisions enforced by the NSW or Federal Government of Australia. The Guest will be responsible to ensure they check the NSW Guidelines relevant and applicable upon entering into this Agreement (accessible at https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health%20alert and https://www.smartraveller.gov.au). If the Guidelines change in the period between the time of booking and the date of the Booking, the Guidelines on the date of the Booking will apply.
• By using TETV’s online booking system ‘Lodgify’, developed by Codebay Solutions Limited trading as Lodgify, a company incorporated in England and Wales with company number 5903966, the Guest agrees to its terms and conditions accessible at https://www.lodgify.com/.
• By proceeding with the Booking, the Guest will be deemed to have accepted this Agreement, therefore if the Guest does not accept these terms and conditions, they must not proceed with payment for the Booking.

• BOOKINGS

• Registration
(a) To make a Booking, the Guest will be required to set up a user account. The Guest consents to providing their personal data and acknowledges that if they do not consent, TETV may not be able to provide some or all of the Services. For more information regarding personal data, please refer to TETV’s Privacy Policy.
(b) The Guest agrees that all information they provide to TETV will be true, accurate, current and complete. The Guest agrees that they are responsible for all information that they submit to TETV, and they acknowledge that if TETV believes that the information provided by the Guest is false, inaccurate or misleading, it may, at its sole discretion, suspend or terminate the Guest’s access to the Website and the Services. The Guest agrees to notify TETV of any errors or discrepancies in the confirmation documents within forty-eight (48) hours of the Booking.
(c) Bookings cannot be confirmed, until the Guest Registration Form has been completed. All Guests in group Bookings will be required to complete a Guest Registration Form, and only such registered Guests will be permitted to occupy the Property for the duration of the stay.
(d) Where guests or visitors other than those indicated on the Guest Registration Form are found on the Property, or where the maximum number exceeds the capacity indicated, this Agreement will be terminated immediately, and the Guests will be required to vacate the Property.
• Payment
• The Guest will pay TETV the Fees at the rate, including any applicable booking fee, and in the manner specified in the Booking.
• The check-in details will be provided once the Deposit has been paid and received by TETV. This Deposit is not refundable.
• TETV only accepts payment by credit card (Visa and Mastercard).
• Rates quoted are in Australian dollars and are subject to change at any time and depending on availabilities. Rates are exclusive of GST, though GST may be applied to expenses or additional costs where applicable. In rare cases, accommodation rates may be subject to increase after the Guest has made payment; where this occurs, the Guest will be notified and may either pay the difference or receive a refund.

• Security Bond
• All Bookings will require a credit card pre-authorisation for a refundable Security Bond at the time of confirmation. The Security Bond will be retained until an inventory and inspection has been completed at check-out, with the cost of repair or replacement of property to be deducted from the Security Bond. The remainder shall be refunded within seven (7) days.
• Following a final inspection and assessment after check-out, the Guest agrees TETV is permitted to deduct the fees from the Security Bond and to charge the Guest for any fees over and above that amount, in accordance with the Costs Schedule and at TETV’s sole discretion upon determination. The Guest understands that TETV is not required to undertake the inspection or assessment in the presence of the Guest.

• Cancellations, Re-Schedules and Refunds
• TETV will endeavour to reschedule the Booking to a suitable date where more than one hundred and twenty (120) days of notice is given. A change in booking dates made within this period will be treated as a cancellation.
• All cancellations are subject to a transaction and administration fee as outlined in the Costs Schedule.
• No refund of the Deposit is available on cancellations, including where a stay has commenced, or due to a change of schedule , including but not limited to that of an interschool ski race.
• Refunds will only be available for cancellations where an alternative guest has booked the Property for the same period at the same or greater rate. Where a refund is issued, it will be made by direct deposit to the Guest’s bank account.
• TETV will not be held responsible for adverse conditions of any sort beyond its control, including where the Guest experiences transport or access problems due to extreme weather events, snow or rain. TETV does not offer cancellations, alterations or reschedules to the Booking on the basis of weather conditions or other events out of TETV’s control.
• TETV reserves the right to cancel the Booking where any situation arises that renders the booking impractical or cannot be fulfilled, including but not limited to a force majeure, terrorism, natural disasters, pandemics, political instability or other external events making it unviable for TETV to uphold the Booking. Where the Booking has been varied or cancelled, TETV will use its best endeavours to provide an alternative that is substantially the same or as similar as practical to the original Booking, or voluntarily offer the Guest the right to cancel or change the Booking via the online booking system.
• TETV reserves the right to refuse or grant refunds for the Services, pursuant to the Competition and Consumer Act 2010 (Cth). Any requests by the Guest for refunds must be detailed in writing and sent via email to hello@theeasternthredbovillage.com, and will only be considered when options for remedies or replacements have been exhausted.
• Bookings and COVID-19
• All Bookings will be based on recommendations from the NSW Premier and the Australian Government, and TETV will not accept bookings from any jurisdictions both national and international that are subject to travel restrictions.
• TETV ensures that there will be a minimum of twenty-four hours between any two bookings, and TETV’s professional cleaning team performs a full COVID-19 safe clean, to eliminate risk of contamination and the spread of viral or bacterial residue on the Property.
• The Guest acknowledges, due to COVID-19 some facilities may be restricted, and Guests may be subject to certain mandatory guidelines as required, including the number of Guests and other guidelines below.
• The Guests will be responsible for taking any necessary personal safety and hygiene procedures and be required to practice ‘social distancing’ where applicable.
• A Booking may be varied or cancelled if:
• it is affected by COVID-19 government restrictions or health issues affecting the Guest’s time of travel;
• upon request by a member of the TETV staff that the Guests do not commence their stay at the Property, at any time including check-in, due to the Guests displaying flu-like symptoms, appear unwell or express that they are feeling unwell; or
• there has been any breach of governmental guidelines, law enforcement and health authorities by any of the Guests, including where a Guest is in breach of orders made under the Public Health Act 2010 (NSW).
• Where a Booking has been varied or cancelled, TETV will use its best endeavours to provide an alternative that is substantially the same or as similar as practical to the original Booking, or voluntarily offer the Guest the right to cancel or change the Booking via the online booking system. TETV will use its best endeavours to provide an alternative that is substantially the same or as similar as practical to the original Booking, or voluntarily offer the Guest the right to reschedule the Booking to commence no sooner than fourteen (14) days after and up to twelve (12) months from the date of the original Booking was due to commence. Alternatively, TETV may offer the Guest a credit, of the total amount of the Booking, towards a future booking.
• The Guest acknowledges that such a necessity may arise from time to time, and any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those outlined in the terms and conditions of the Agreement. Under these circumstances, TETV will not be responsible for any incidental expenses that the Guest may have incurred as a result of the Booking.

• Check-Ins and Check-Outs
(a) Check-in is available from 15:00 pm on the day of arrival during summer and 16:00pm during winter. The Guest will be provided with the check-in code in the pre-arrival email on the day of arrival.
(b) The latest check-out time is strictly 10:00 am on the day of departure, after which a late check-out fee may apply. These check-in and check-out times are strict unless otherwise arranged between the parties.
(c) TETV is not liable for alternative accommodation or any other costs that may be incurred by the Guest where they fail to complete the check-in procedure.

• Children, Visitors and Groups
• TETV does not permit the Guests to bring their own additional bedding.
• Where the Cedar Cabin is booked, a maximum of two Guests may reside in the Property. Where the Guests require separate beds, an additional fee for linen will be applicable.
• Prior approval is required for visitors to the Property. Visitors must be family members, friends, other responsible adults over the age of twenty-one (21), or otherwise accompanied by a parent or legal guardian.
• TETV does not accept reservations for ‘Schoolies’ or where the Booking is solely for Guests attending music festival events in winter, or bookings from anyone under the age of twenty-one (21).
• Children under the age of twelve (12) are not permitted as Guests and must be supervised at all times, especially around ski lifts, slopes, hills, loft areas, ladders, onsens and cleaning chemicals. TETV is not responsible for any children staying at or visiting the Property.
• A Booking may not be made across both the Cedar Cabin and the Oak Apartment by the same Guests over the same booking period.
• A minimum length of stay restriction may apply and may vary depending on the accommodation rate at the time of booking.

• GUEST OBLIGATIONS

3.1 Permitted Use
The Guest agrees:
• to be an occupant of the Property for the entire duration of the stay;
• not to sublet or allow unregistered guests to stay at the Property;
• to comply with all applicable laws and regulations;
• to co-operate with TETV and abide by these terms and conditions during their stay at the Property;
• not to use the Property for any purpose other than the approved purpose as set out in this Agreement;
• to close and lock doors and windows at check-out and when the Guests are not present at the Property to prevent theft of or damage to furnishings or the Guests’ personal property and to contact TETV immediately where they are not able to secure the Property;
• not to use the Property for any criminal activity, including online, and acknowledges TETV will cooperate with any investigation of alleged criminal activity at the Property during or after the stay;
• not to wear high heel shoes, hiking boots, ski or snowboard boots indoors on the Property at any time;
• not to smoke on the Property, including all guest rooms and common property, balconies and outdoor areas;
• not to use the Property for parties, functions, and gatherings without prior written permission;
• to not have pets on the Property. If evidence of pets is found on the Property, the Guest will be liable for the costs of cleaning the Property;
• to abide by the Noise and Good Neighbour Policy highlighted in clause 5;
• to leave the Property in the same condition as found, returning all furniture and styling pieces to their original location;
• not to nail, screw, staple or fix anything to any wall, door or other surface or part of the building; and
• to abide by all applicable parking restrictions and limitations.
3.2 Guest Facilities
• The Guest must contact management immediately via the 24-hour emergency contact number, in the event of an emergency.
• Free internet connection may be available to the Guest. The connection of the internet during the Booking is not guaranteed and may be disrupted or weak or unavailable without notice.
• Sporting equipment, such as skis, stocks, snowboards or bikes, are not allowed into the Property. Ski and snowboard boots must be removed at the front door. Ski racks are provided outside the front door and it is the responsibility of the Guest to bring any padlocks required for additional security. Bikes may be chained up at the railing at the front door.
• Guests are not permitted to engage the services of any third parties at the Property, including but not limited to caterers, beauticians and massage therapists, without prior written consent, and TETV accepts no liability for any third-party services, including those which may have been recommended or referred by TETV.
• All personal property left behind is the sole responsibility of the Guest who must either arrange payment for post or delivery or collect the item from the Property.
• The Guest acknowledges the Property may be visited by wildlife and agrees TETV is not responsible for the natural and surrounding habitat.
• The Guest understands and acknowledges that the lift passes are not provide as part of the Services, and TETV does not guarantee that guests will be able to secure lift passes for Thredbo Mountain. Lift passes are entirely the responsibility of the Guest, and may be purchased from the official Thredbo website.
• The Client acknowledges that TETV uses security cameras on the exterior of the Property to provide extra security for the Guest’s sporting equipment.

3.3 Access to Property
Access to the Property may be required:
• by repair and/or servicemen during reasonable hours as arranged (or in emergency situations) for the purpose of conducting any repairs, maintenance or service. Where the Guest requests a service call and is not present to provide access, the applicable service call-out fee may be payable;
• by prospective purchasers to view the Property where the Property is being offered for sale; and

• by TETV to protect and/or undertake maintenance of the Property as required. TETV will give notice to the Guest wherever possible.

• DAMAGES AND REPAIR
• The Guest remains responsible for, and will be charged for any damage, or cost of repair or replacement in excess of the Security Bond. Where the value of the damage, or cost of repair or replacement caused by the Guest exceeds the Security Bond amount, TETV is entitled to recover this from the Guest responsible for the Booking.
• The Guest acknowledges that breaching the obligations or any terms of this Agreement may result in fees as outlined in the Costs Schedule and/or any other associated consequences of the breach as outlined in this Agreement.
• TETV does not accept liability or loss caused by failure of equipment and/or services out of its control, including, but not limited to, water, electricity, gas, and internet. In the event of a failure, the Guest should notify TETV in the first instance.
• Repairs, maintenance or service reported and requested by the Guests that have been deemed necessary by TETV, will be effected as soon as practicable. However, due to unforeseen circumstances, it is not possible to guarantee immediate repairs.
• All damages, breakages or losses to the Property, furniture and furnishing are to be reported immediately to management. To avoid being charged for any damage not caused by the Guest, such faults or breakages should be brought to TETV’s attention immediately following check-in.

• NOISE AND NEIGHBOURS

5.1 Noise
(a) The Guest acknowledges that parties and gatherings are strictly prohibited without prior permission from management. Evidence of a party or function found after the Guest has checked out may result in additional charges or penalties.
(b) All noise shall be kept indoors after 22:00 pm and prior to 08:00 am.
(c) Excessive noise, music and any other form of disturbance to neighbours and other TETV Guests is prohibited at all times and may result in an eviction without refund.
(d) Where TETV staff, security guards or the police attends the Property to deal with noise complaints or excess Guests, or where a complaint has been received from the neighbours during or after the Booking, the Guest will be charged a fine per the Costs Schedule.

5.2 Neighbours
A ‘good neighbour’ policy shall be enforced at TETV. The Guest acknowledges that the Property will be treated with as much care as the Guest’s own residence, and that it shall be left in the same condition as when the Guest arrived. Behaviour exhibited by the Guests that is disrespectful of and disruptive to neighbours, traffic flow or the community, or which prompts complaints to the TETV management from the police, local council or neighbours shall not be tolerated and may result in a fine or eviction, and any costs incurred as a result of the nuisance or annoyance will be payable by the Guest.

• REVIEWS AND SOCIAL MEDIA
(a) TETV encourages the Guests to tag @theeasternthredbovillage when posting during their stay at the Property, and unless expressly objected to, TETV may tag the Guests in some of its posts on matters of interest or repost their images on its accounts.
(b) Where, upon request, the Guests provide TETV with images of themselves or others, taken during their stay at the Property, unless they expressly object, they agree to release and hold TETV harmless for any liability in relation to the images which it may use for its marketing material or for promotional purposes.
(c) Guests agree testimonials TETV has received from other guests are indicative of that guest’s experience at the Property and may not necessarily be typical. Guests recognise and agree these are not a guarantee of the experience they will have at the Property, though TETV does its best to ensure every guest is satisfied.
(d) In the event the Guest experiences any issues or problems during their stay, they agree to give TETV the opportunity to rectify the situation prior to leaving negative reviews that may be published in the public domain, and which may be damaging to its reputation.
(e) Guests agree that prior to leaving a review, they consider the regulations regarding false statements under the Competition and Consumer Act 2010 (NSW), and the Defamation Act 2005 (NSW), which allows for anyone who has had damaging material published about them or which may cause injury to their business, to take legal action against authors.
(f) The Guests acknowledge and agree that they will be prohibited from publishing a review on any public forum if the booking has been terminated for a breach of this Agreement, and that any disputes or feedback provided will be done so directly to TETV and shall be subject to the terms of confidentiality in accordance with clause 7.

• CONFIDENTIAL INFORMATION AND PRIVACY

• Obligations with Respect to Confidential Information
A Recipient:
• may use Confidential Information of the Discloser only for the purposes of this Agreement;
• must keep confidential all Confidential Information of the Discloser except:
• for disclosure permitted under this clause 7; and
• to the extent (if any) the Recipient is required by law to disclose such Confidential Information; and
• destroy or return all Confidential Information immediately upon request.

7.2 Privacy
(a) TETV agrees to comply with the Privacy Act 1988 (Cth) and all other applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use, and disclosure of information about identifiable individuals (Personal Information) held by or on behalf of the Guest to the extent that it is legally obligated to comply with these laws.
(b) This Agreement is subject to the privacy policy of the online booking system ‘Lodgify’, developed by Codebay Solutions Limited trading as Lodgify, a company incorporated in England and Wales with company number 5903966, accessible at https://www.lodgify.com/.

• ASSUMPTION OF RISK
(a) The Guest hereby waives and releases, indemnifies, holds harmless and forever discharges TETV and its current and/or former agents, employees, officers, directors, affiliates, successors and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that they ever had or may have, arising from or in any way related to their usage of and/or stay at the Property, including their use of the loft area of Cedar Cabin, or off the Property, provided that this waive of liability does not apply to any acts of gross negligence, intentional or wilful misconduct of TETV.
(b) The Guest assumes any risk, and takes full responsibility and waives personal injury; infection; illness (including but not limited to contracting or spreading Covid-19); death by drowning or otherwise; damage for injury, including personal injury and death, damage; or loss of personal property; losses of any kind whatsoever arising out of, attributable to cause by, or resulting from the Booking and/or their stay, associated with TETV, including but not limited to using the Property in any manner, form or fashion, such as using the loft area of Cedar Cabin, and participating and/or engaging in any activities on and off the premises.

• LIMITATION OF LIABILITY

• Total Liability
To the fullest extent permitted by law (and to the extent permitted under Australian Consumer Law), the total liability of TETV 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 the professional indemnity and/or public liability insurance coverage of TETV (as varied from time to time) or the fees paid to TETV by the Guest, whichever is the lesser amount.
• Consequential Loss
In no case shall TETV, 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 Property, the Website and/or content or information (including regulatory or legislative) provided at the Property or in information brochures in the Property including, but not limited to, any errors or omissions 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.

• Australian Consumer Law
Further, nothing in this Agreement is intended to limit any Australian Consumer Law guarantees or warranties that may apply to the Services and that cannot be excluded.

• DISPUTE RESOLUTION
The parties must use reasonable endeavours to resolve all disputes through negotiation. If the dispute cannot be resolved through negotiation between the parties within fourteen (14) days of the dispute arising, either party may commence proceedings.

• GENERAL

• 11.1 Severability
• If any provision or part of this Agreement is void or unenforceable for any reason, then that provision or part will be severed from this Agreement and the rest of this Agreement shall be read as far as possible as if the severed provision or part had never existed.

• Entire Agreement and Variation
• The parties agree that this Agreement is the entire agreement between TETV and the Guest in respect of this arrangement and supersedes any other communication or understandings (whether written or oral) between TETV and the Guest in that regard and any changes to this Agreement must be agreed in writing between TETV and the Guest prior to the changes coming into effect.
• Governing law and Jurisdiction
This Agreement is governed by the laws applicable in the state of New South Wales and the parties agree to irrevocably submit to the exclusive jurisdiction of the courts of that State.

SCHEDULE OF COSTS
ITEM
TERMS

Additional Bed
Where Guests require the use of the day bed, or the second murphy bed in the Cedar Cabin
$500 for either bed
Admin Fee
An administration fee is payable where a cancellation is required to be processed
$300 transaction and administration fee
Call-out fee for TETV
Where TETV or any member of the TETV team is called to the Property and the issue is deemed to be caused by the Guest, equipment owned by the Guest or because the Guest has not followed instructions
$110
Call-out fee for Medical or Emergency
Where Guests are admitted to hospital, require medical assistance or relocation, the Guest will be responsible to pay these costs
Invoice Cost
Call-out fee for tradesperson to fix an issue caused by the Guest
Where a tradesperson is called to the Property and the issue is deemed to be caused by a Guest, equipment owned by a Guest or because a Guest has not followed instructions
Invoice Cost
Call-Out fee where Guest is not present
Where the Guest requests a service call and is not present to provide access
Invoice Cost
Cleaning of Property
Where any part of the Property has been left in extremely dirty conditions
Cost to clean or replace
Credible noise complaint by neighbours
Failure to abide by the Noise policy in clause 5
$500 per offence
Evidence of Pets
Where there is evidence of pets in the Property, including on furniture or in/ on beds, or where carpets, furnishings or linen have been soiled or damaged to the extent that they may require extensive cleaning
Cost to steam clean/ Cost to repair or replace
Evidence of Smoking
Where there is evidence of smoking within the Property, such as traces of residual smoke or cigarette butts
$250 + any additional cleaning costs
Fire Department/ Police/ Security called to Property
Failure to abide by clause 5.1 and 5.2 or in other instances where the fire department, police or security attends the Property
$500 per offence
Functions held on Property
Where unauthorised functions are held on the Property
$[INSERT] + cost of repair/ replacement + immediate eviction
Late Check-Out
A late check out past 10:00am will result in the Guest being charged
$50 per hour
Linen
Where linen has been soiled or damaged such that it may not be restored to its original condition with steam cleaning
Cost to replace from InBed linens
Plumbing /electricity
Where it is determined the Guest has caused a plumbing or electricity issue that requires a tradesperson
Invoice Cost
Postage
Where the Guest leaves personal property in the Property and requires postage services
$20 administrate fee + postage costs
Repair/ replacement if there is damage to the Property
Where there is damage due to the Guest bringing ski and bike equipment into the Property
Cost to repair/ replace
Security Bond
See clause 2.3
$500

Payment Policy

Please see terms and conditions.

Cancellation Policy

Please see terms and conditions.