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1. Use of Website
- Welcome to the website (the ‘Website’) for Sierra Villa Lodge. The Website and Sierra Villa Lodge are operated by Sentinel Aus Pty Ltd (‘Sentinel’). The Website provides you with an opportunity to make a booking and purchase accommodation at the Sierra Villa Lodge (the ‘Accommodation’). The Website provides this service by way of granting you access to the content on the Website (the ‘Accommodation Purchase Services’).
- By using, browsing and/or reading the Website, you signify that you have read, understood and agree to be bound by its terms and conditions (the ‘Terms’). You accept the Terms by remaining on the Website.
- Sentinel reserves the right to review and change any the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their appearance on the Website.
- Offers, promotions and other programs may be offered from time to time on this Website. Any such offer, promotion and/or program will be subject to the Terms. Sentinel reserves the right to alter, change, remove and/or replace any offer, promotion and/or program at any time without notice.
- You may not use the Accommodation Purchase Services if you are not of legal age to form a binding contract with Sentinel, or you are a person barred from receiving the Accommodation Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Accommodation Purchase Services.
- If making a booking via this Website:
- You agree to make a legitimate booking on your own behalf or for another person whom you are legally authorised to act for and for no other purposes;
- You agree to any payment terms and cancellation policy provided herein;
- You warrant that all information you supply is true and correct; and
- You agree to pay fees, taxes, etc. specified herein.
- In using the Accommodation Purchase Services to purchase accommodation you agree to the payment of the price listed on the Website for the accommodation (the ‘Accommodation Price’).
2. Unlawful or prohibited use
- As a condition of usage of this Website you agree that you will not use this Website for any purpose that is unlawful or in any manner which violates any rights of Sentinel or any relevant third party or associate of Sentinel or which is prohibited under the Terms.
3. Intellectual property
- The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned by Sentinel or its contributors.
- You may not, without the prior written permission of Sentinel and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
4. Third party websites
- Where this Website contains links with other websites operated by third parties, Sentinel bears no responsibility for their content. If you link to such a website you do so at your own risk, and Sentinel makes no warranties regarding such websites.
- Sentinel provides no guarantee that any file and/or program available for download and/or execution from or via this Website is free from viruses or any other condition that may damage or interfere with data, hardware or software that may be used. On agreeing to these Terms you release Sentinel from all responsibility for the consequence of its use and take responsibility for all risk of use of programs and files on this Website.
- Sentinel makes no representation that the contents of this Website are compliant with the laws of any country other than Australia. If you access this Website from overseas, you do so at your own risk and you are responsible for complying and abiding by the laws of the country from which you accessed this Website.
- You agree to indemnify Sentinel, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
7. Limitation of liability
- Sentinel’s total liability arising out of or in connection with the Accommodation Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent accommodation purchase price paid by you under these Terms or where you have not paid accommodation purchase price, then the total liability of Sentinel is the resupply of information or Accommodation Purchase Services to you.
- You expressly understand and agree that Sentinel, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Sentinel is not responsible or liable in any manner for any content (including the Content and third party content) posted on the Website or in connection with the Accommodation Purchase Services, whether posted or caused by users of the Website, by third parties or by any of the Accommodation Purchase Services offered by Sentinel.
8. Dispute resolution
- If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
- A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
- On receipt of that notice (‘Notice’) by that other party, the parties to the Terms must:
- Within thirty (30) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, thirty (30) days after the date of the Notice, the Dispute has not been resolved, the parties must either agree upon selection of a mediator;
- The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation; and
- The mediation will be held in Canberra, Australia.
- All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation:
- If ninety (90) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
9. Venue, jurisdiction and governing law
- The Accommodation Purchase Services are intended to be viewed by residents of Australia. In the event of any Dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any Dispute shall be in the courts of New South Wales, Australia.
- The Terms are governed by the laws of New South Wales, Australia.
- If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
- Subject to this clause, and to the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded.
- Use of the Website or the Accommodation Purchase Services is at your own risk. Everything on the Website is provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Sentinel make any express or implied representation or warranty about the Content or Accommodation Purchase Services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- The accuracy, suitability or currency of any information on the Website, the Accommodation Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- Costs incurred as a result of you using the Website or the Accommodation Purchase Services;
- The Content or operation in respect to links which are provided for the user’s convenience;
- Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
12. Requesting a booking
- In requesting a booking you must provide the following:
- Names and contact information of guest(s);
- Dates of stay and estimated time of arrival;
- Other items as requested by Sierra Villa Lodge (“The Lodge”), by this Website/relevant online booking site.
13. Effective date of booking
- Bookings become effective when The Lodge approves the booking request.
- As soon as such a booking becomes effective, full payment of the Accommodation Price in relation to the booking is due
- Guests will not let others stay at The Lodge, assign or resale bookings, or let others use The Lodge’s facilities without The Lodge manager’s consent. This includes onsite parking as well as the use of the common kitchen.
- Guests are not permitted to smoke on the premises of The Lodge. NSW Health does not allow smoking within 4m of a public place. The Lodge is designated as a public facility.
15. The Lodge’s right to dishonour a booking
- In any of the following cases, The Lodge may decline to honour a booking without liability to itself or Sentinel:
- The Terms are breached;
- The Guest has breached the law that prohibits smoking in public areas, has mischievously used the fire extinguishing equipment or acted violently and/ or in a way prohibited by The Lodge as defined by The Lodge staff;
- The person making the booking makes unreasonable demands on The Lodge;
- The Lodge is fully booked and there are no rooms available;
- The person intending to stay at the Lodge appears to have an infectious disease; or
- The requested or similar accommodation cannot be provided for reasons of failure of facilities or circumstance beyond the control of The Lodge, including but not limited to bush fires, hailstorms, flood, government instituted lockdown, civil unrest, pandemic, etc.
- Guests may cancel bookings at any time by notifying The Lodge 48 hours before their advised scheduled date of arrival to receive a full refund.
- Persons making bookings are released from a booking during a crisis making accommodation unavailable, including, but not limited to, lockdown due to pandemic, flood, bushfire, unhabitable accommodation, etc.
- Guests will be charged for the first night of accommodation if they fail to cancel at least 48 hours prior to the advised scheduled first date of stay, except where a guest is diagnosed with an infectious disease, provided that they have evidence of such.
- If The Lodge records the credit card details of a person by phone or online, The Lodge shall inform the person that their card will be charged for the first night of booking.
- The Lodge must deliver the services promised at the time of accepting the booking to the respective guest. If The Lodge fails to deliver the service, the guest has right to cancel the accommodation booking and claim a refund.
- If a person wishes to reschedule or change their booking, then they may be charged additional fees. If the person makes repeated requests for different dates, The Lodge may refuse the person’s booking.
- Breakdown and calculation of the Accommodation Price must be provided to a person before requesting they make a payment.
- The Accommodation Price must be paid at the front desk of The Lodge or online.
- Following payment of the Accommodation Price being confirmed by The Lodge, guests will be issued with a receipt to confirm that the payment has been received and The Lodge and/or Sentinel may record the purchase details for future use.
18. Hours of operation
- The Lodge shall accept bookings at any time of the day online. The manager of The Lodge will only be available between 8am-5pm for any in-person/same day bookings. In case of an emergency, the manager will be contactable via phone.
19. Registration of stay
- All guests are required to sign in or scan the QR code at the entrance of The Lodge to register their contact details with the NSW Government’s Department of Health in accordance with the COVID 19 guidelines.