Terms and Conditions

Effective 20^sh August 2020

Please read these terms and conditions carefully. When you make a reservation with us, it is deemed that you have accepted them.

Please call us on 1300 800 977 or email us at scott@offtherails.com.au for clarification of anything contained in these terms and conditions.

Ruwenzori Retreat and Possum Cottage are owned and operated by Off The Rails Productions Pty Ltd (OTR) – ABN 38 053 306 899, the registered office being located at 2A/87-89 Moore Street Leichhardt, NSW 2040 Australia. Bookings can be made at www.stayinatrain.com or by phone or email using the contact details above.

Your booking for either rental properties is deemed to be with Off the Rails Pty Ltd.

BOOKING TERMS

We have a minimum two night booking policy. (trust us, once you get there, you won’t want to leave). Check in is from 2pm, check out is 10am.

License to occupy.  This is not a Residential Tenancy Agreement under the Residential Tenancy Legislation. Guests are granted a license to occupy the property for the term of the booking.

Responsible Renter.  This is deemed to be the person making the booking.  You must be over 21 years of age.  As the responsible renter, you agree to be an occupant of the property for the entire duration of the stay. All other occupants will be family members or friends, and all occupants aged under 18 will be accompanied by a parent or legal guardian.

Schoolies/Under 21 years of age Groups – Schoolies groups or groups where the entire party is under 21 years of age are not permitted under any circumstances.

Number of guests – Each holiday property is equipped for a specific number of guests. No additional mattresses, tents, caravans are to be erected or occupied on the property. It is against Health Department Regulations for more persons to occupy a property than there are beds to accommodate them.

The guest limits apply at all times during the booking. Any extra guests (this includes day visitors) above those that have been booked and paid for must be approved in writing prior to the stay. Any unapproved excess guests/visitors may result in a party/function fine of $1000, registration with a “bad guest” register, negative guest reviews on booking sites; and if necessary, the intervention of the NSW Civil and Administrative Tribunal (NCAT) for breach of license.

Children.  A ‘child’ is anyone under 16 years of age. No responsibility will be taken for children staying at or visiting the property. They are the responsibility of the Responsible Renter.  Please supervise children carefully, always taking into consideration fencing, sheds, dams, stairs, verandahs, balconies, cleaning chemicals, railway line, storage sheds and associated equipment storage areas. We recommend that children under the age of 10 years should not sleep on any top bunk bed.

Pets – Unfortunately we are unable to accept pets. The property is unfenced and located in the heart of native bush, neither of which is conducive to having pets stay.   If evidence of a pet is discovered you will be charged for steam cleaning of carpets, repairs to damaged furniture and the cost of cleaning up any mess left by the pet/s.

PAYMENT TERMS

The tariff is for the agreed number of guests detailed on our confirmation email. If there is a change or discrepancy, you will need to contact us to make changes and ensure that those changes are documented and paid for.

1. Booking Fee. This applies to all bookings as stated on our website. It is the fee to set up the property for your booking and the charge for each person who stays.
2. A deposit equal to 50% of the total tariff is payable at the time of booking. Your booking is not registered until the deposit has been paid.
3. Balance of full payment. The outstanding balance of your booking is due 30 days prior to your arrival. Our system will generate a reminder to your email address. Failure to pay the balance in the prescribed time may result in your booking being cancelled.
4. Payments for online bookings can be made by either direct deposit to the account details provided or by Visa or Mastercard only. A non-refundable service fee of 1.25% will apply for all credit card payments. Bookings may be cancelled if a payment is not received in accordance with the above terms.
5. Booking change fee.Should you wish to make any changes to the date of your booking after it has been confirmed by us, a change fee of $50 will apply.

Storing of credit card details

At the time you make your booking, your credit card payment details will be securely stored for the purpose of processing due payments on the date they fall due; and for any charges that need to be made in accordance with our Party/Function and Damage policies. Once your stay has been completed and the property has been deemed not to have sustained any damage, your booking details are archived and the card details automatically destroyed.

CANCELLATION/CHANGE OF DATE TERMS

By paying a deposit, you are reserving a specific property for specific dates and these dates then show as unavailable to others in our online booking system.

The dates and the property cannot be changed as this will effectively cancel the original reservation, and our cancellation terms will apply.

Changes to the number of guests in your stay are permitted up to 30 days prior and will be charged at the per person rate as stated on the website. Under 30 days any decrease in the number of guests will incur normal cancellation fees. Guests can be added under 30 days if available.

However, at our discretion, we may be able to transfer your booking to different dates depending on other bookings but there are no guarantees that this will be possible. A Booking Change fee of $50 will apply.

OTR does not offer refunds or reschedule bookings due to illness, weather events, traffic delays, natural disasters or other Force Majeure events. You are encouraged to take out travel insurance to cover such events. No refunds will be given for late arrivals, early departures or unused days of your holiday rental property reservation or for decreases in the number of guests who end up staying.

We offer refunds under the following conditions:

1. If you cancel your booking more than 30 days before your arrival, you will receive a full refund, less a $50 cancellation fee.
2. If you cancel 15-30 days before your arrival, you will receive a refund equal to 50% of your total booking.
3. If you cancel 14 or less days before your arrival, no refund is available.

CHECK IN AND OUT TIMES

Check in is from 2.00pm. Check out is 10.00am.

While every effort will be made to have the property fully cleaned and ready for 2pm, we cannot guarantee it.  Circumstances beyond our control, such as the unauthorised late checkout of a guest, damage by the previous guest, back to back bookings, etc. may mean our normal process cannot be applied.  We will notify you in plenty of time should there be a short delay.  There will be no refund or credit if a property is not ready at the said time.

We may be able to offer an early check in or late check out. This will only be permitted with prior permission of the owner and it is understood that we may be unable to accommodate such an agreement in the case of any of the unforeseen events outlined above.

Unauthorised early check in or late check out will incur an additional charge of up to half the full day rate.

The only way to absolutely ensure early check-in or late check-out is to book an extra night or half day where availability permits. Half day rates are charged at 50% of the nightly tariff and will extend the check-out time until 2:00 pm and allow an early check-in from 10:00 am.

GENERAL

Please treat the property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived.

On-site Caretaker.  There is a resident Caretaker to ensure your stay is as enjoyable as possible.  He will meet you upon arrival and be available on call throughout your stay.

Issues during your stay.  If you encounter an issue during your stay, please contact the on-site Caretaker immediately so that we can attend to the problem in the shortest possible time.

Cleaning.  This is included in the full tariff.  However, if excessive cleaning is required over and above what is considered by OTR to be a standard clean, you will be charged at cost.

Loss and Damage.  The interior and exterior of the properties are finished and furnished with costly materials and products, many irreplaceable. Our team thoroughly inspects each property and inventories its contents between each guest. You are financially responsible for any damage and loss to the property and its contents from the date and time you check in, to the date and time you check out. To avoid erroneous blame, you are required to immediately notify our team if anything is amiss when you arrive at the property.  The charges that will be applied are:

1. $100 call-out fee if a member of the OTR team attends the property to see to an issue or repair something that is deemed to be caused by one of your party.
2. The total amount of the invoice (including any call out fee) if a tradesperson is required to attend the property to fix an issue that is deemed to have been caused by a member of your party
3. $1,000 penalty if there is evidence of a party or function, without prior written consent, involving more than the registered number of guests
4. The total amount of the costs associated with any repairs or replacements that are required due to malicious, deliberate or negligent damage to the property during the course of your stay
5. The total invoice amount for cleaning of carpets, furnishings, linens etc if there is evidence of unauthorised pets or smoking indoors.

We will only charge the credit card being held in accordance with our terms and conditions and any applicable Australian Laws. All charges will be subject to a service fee equivalent to the merchant fee paid by OTR.

Third party services – Should you engage the services of a third party during your stay such as a caterer, beautician, massage therapist etc, it is your responsibility to ensure that they adhere to these Terms and Conditions, and hold the appropriate Public Liability insurance.  Any damage caused by them being on site will be your responsibility.

GUEST ACTIVITIES AND BEHAVIOUR

Good neighbour policy. The property is a privately-owned home, and we pride ourselves on being a good neighbour. You and other occupants agree to conduct yourselves throughout the stay in a manner that is respectful of and not disruptive to neighbours, traffic flow, or the community and that will not prompt complaints to OTR from the police, local council, neighbours, or neighbourhood.

Excessive Noise. Only the guests registered to stay at the property are permitted to be present. If you wish to have visitors in addition to booked guests, you must advise us in writing prior to your stay and ensure you receive written approval to admit others onto the grounds. If you or any other guest receives a warning regarding excess noise and refuses to minimise the noise, you may be asked to leave the property with no refund of monies.

In addition, if our staff, security guards or the police are called to the property to deal with noise complaints or excess guests, or if we receive complaint/s from the neighbours during or after your stay, a fee of $500 per offence will be charged.

Smoking.  Smoking is permitted in areas that are far enough away from doorways and windows to ensure smoke does not enter the indoor areas.  Smoking is not permitted anywhere indoors, or in and around the bushland area, including the walking tracks.

If evidence of smoking inside the property is detected, you will be charged for steam cleaning of carpets and sofas, laundering of all soft furnishings and linen. If any of these items are still smoke-affected after adequate attempts to have them professionally cleaned, you will be charged for the replacement of them.  If any furniture is damaged by cigarette burns, you will be charged the replacement cost.  Please note this could run to thousands of dollars in the case of some registered antiques.

If a bushfire starts as a result of anyone smoking in the bushland areas, criminal charges will be pursued and our insurance company will be advised to enable them to seek damages from you if they so wish.

Recreational Activities. The following activities are not permitted under any circumstances: any motorised bikes – motorbikes, dirt bikes, quad bikes, etc., the use of firearms or air rifles, or fireworks.

Fires.  The lighting of fires is strictly prohibited except for the designated area in the fire pit on the main terrace and in the wood fire BBQ at Ruwenzori Retreat, and in the outdoor fire pit and the inside wood fuel heater at Possum Cottage. Total fire bans must be observed at all times, and sensible fire control management is to be followed.

Firewood.  Firewood is collected from the bush at the property. Ample firewood is provided at both properties for your stay.  Any requests of the caretaker to collect more may attract an extra fee for the time required to collect, chop and deliver the extra wood. Out of respect for our bushland, please consume firewood sensibly and with consideration for this valuable resource.

Water.  We are not connected to the town water supply and are in an area that is prone to drought.  All our water is harvested from rainfall and stored in our on-site tanks. We request that water usage is restricted only to what is necessary and that you refrain from excessive use such as long showers, leaving taps and hoses running.

Criminal Activity.  Use of the property for any criminal activity is of course prohibited.  This prohibition extends to use of the property’s internet service for the purpose of criminal activity. Any evidence of criminal activity will be reported to the relevant authorities and we will fully cooperate with any investigation.  This could result in heavy fines or even imprisonment.

Wildlife. Our properties are professionally maintained and cleaned regularly.  However, wildlife is common in country and coastal areas. OTR do not accept responsibility or liability for the unfortunate or seasonal visits of any wildlife including, but not limited to; rodents, insects, cockroaches, kangaroos, wombats, snakes and spiders.

Access. OTR and/or its representatives reserve the right to enter the property at any time, without notice, to protect and/or undertake maintenance of the property. We will provide notice to the guests wherever possible.

Equipment. OTR and/or the owner do not accept liability or loss caused by failure of equipment and/or services out of our control, including, but not limited to, water, electricity, gas and internet. In the event of a failure, the guest should notify the Caretaker in the first instance. Any problems that arise during the rental period that do not constitute an emergency as determined by OTR, will be remedied at any time during or after the rental period, at the sole discretion of OTR.

Lost property.  You are solely responsible for your belongings whilst staying at the property and are required to take the usual steps to prevent any property loss, including locking premises and vehicles when not attended. If personal property is left behind, we will store it safely, but it will be your responsibility to arrange its return by providing OTR with a suitable prepaid satchel or by collecting the item from one of our offices.

If lost property is not claimed within 30 days, it will be donated to a local charity, or appropriately disposed of.

Failure to comply with these terms and conditions may result in extra changes, termination of the licence to occupy the property, eviction and/or registration with a “bad guest” register, poor guest reviews on booking sites; and if necessary, intervention by the NSW Civil and Administrative Tribunal (NCAT).

Agent/Owner Limitations of Liability

Description of Property – We have taken great care to describe your holiday accommodation to you as accurately as possible on our websites. We do not accept responsibility for incorrect descriptions, errors or omissions made by third party booking agencies.

Closure of property. – Should the property require to be unexpectedly closed for reasons such as emergency repairs or maintenance, we will contact you immediately to enable you the chance to accept a full refund or move your booking to a new date.  No change of booking fee will apply in this instance.   If the ownership of the property changes, we will advise you immediately.  We cannot be responsible for the new owners’ decision to honour your booking or not.  We reserve the right to remove a property from the holiday rental market at any time.  In the unlikely event this decision affects your booking dates, we will notify you immediately.  You agree that in this case, you will accept the full refund as an acceptable outcome.

Bad Books Register/Traveller Feedback – Off The Rails participate in the Bad Books Register. By making this booking you hereby agree that if you or any occupant covered by this booking breaches our terms and conditions, your name, phone number, home address and email address as well as details of the breach/es may be registered with this organisation or any other organisation offering a register for holiday rental travellers. Traveller feedback may also be entered onto the applicable online portals. OTR reserve the right to refuse or cancel a booking where a guest is registered on Bad Books, or has received negative feedback from other booking sites.

Limited Liability.  To the maximum extent permitted by law, in no case shall OTR, nor its affiliates, officers, directors, employees, agents or owners be liable for any indirect, incidental, consequential, special or exemplary damages or for any damages for death, personal or bodily injury, emotional distress or damage to property, arising out of or in connection with your stay. This limitation applies to all claims for damages including negligence even if OTR has been advised of the possibility of such.

Indemnity.  OTR and/or the owner do not accept liability for any personal loss or injury to the guest/s during the rental period, including that caused by events beyond our control. Events may include, but are not limited to; falls while out walking, poor road conditions, adverse weather, fire, flood, traffic or flight delays, war, terrorist activity, civil disobedience, or other force majeure event and no refund or credit will be offered under these circumstances.

Any complaint or issue can be addressed to the owner by email: scott@offtherails.com.au or letter to : Off The Rails 46 View St, Annandale 2038