Terms and Conditions
Last Updated: February 2020
This is an important document which sets out the terms of booking accommodation with Ettrick Rocks King Island and for the use for this website https://www.ettrickrocks.com.au/terms-and-conditions.html (“the Site”). These terms and conditions apply to visitors to the Site (“Visitors”) and guests who stay at Ettrick Rocks King Island properties (“Guests”). The term (“Users”) refers collectively to Visitors and Guests.
Note: All properties are self catering and not subject to daily servicing or replenishment.
The Site, and the accommodation venues advertised on the Site (“the Property”) is owned by Samange Pty Ltd t/a Ettrick Rocks – King Island (ABN 75 928 866 582) (“Ettrick Rocks Management” “us” “our” “we”).
The Site is offered to Users conditionally on the User’s acceptance of these Terms and Conditions which forms the entire Agreement between Users and Ettrick Rocks Management.
By booking a stay in a Property advertised on the Site, you are bound to these Terms and Conditions. We may change these terms and conditions at any time without prior notice to Users. We recommend that you review this page when revisiting the Site because your continued use of the Site will indicate your acceptance of any changes to these terms and conditions.
3. Booking your stay
(a) Bookings may be made directly with Ettrick Rocks Management by phone, email or through our website.
(b) Payment of a deposit is required at the time of booking and security bond prior to arrival.
(c) Guests must provide contact details at the time of booking. The Guest who makes the booking must produce a form of photo identification upon arrival at the property.
(d) The Owner reserves the right to accept or decline a booking.
(e) If Guests book a stay through a third-party booking services, additional terms and conditions of that service might apply.
4. Pricing and Payment
(a) When booking one Property:
(i) Bookings made 30 days or more before arrival date require payment of one night’s accommodation at the time of booking.
(ii) An invoice will be issued to the Guest’s nominated email account 30 days prior to the arrival date seeking payment in full which must be paid within seven days of the date of the invoice, together with a request for a security bond of $800 in accordance with clause 5.
(iii) Bookings made within 30 days of arrival require payment in full which must be paid within seven days of the date of the invoice, together with a request for a security bond of $800 in accordance with clause 5.
(b) When making a group booking of two or more Properties:
(i) Bookings made 30 days or more before arrival date require payment of one night's accommodation of the total fee at the time of booking.
(ii) An invoice will be issued to the Guest’s nominated email account within 30 days prior to the arrival date seeking payment in full, which must be paid within seven days of the date of the invoice together with a request for a security bond of $1500 in accordance with clause 5.
(iii) Bookings made within 30 days of arrival require payment in full, which must be paid within seven days of the date of the invoice together with a request for a security bond of $1500 in accordance with clause 5.
(c) Payments can be made by credit card which will incur a 1.95% surcharge for VISA and Mastercard and 2.95% surcharge for American Express card. Direct Deposit payments do not incur surcharges details of which are provided on the invoice.
(d) Non payment of the final invoice within the invoice terms will be deemed as a cancellation of the booking, and our cancellation policy will apply.
5. Security Bond
Your security bond will be held by Ettrick Rocks Management in the form of a Credit Card Pre-Authorisation of an amount of $800.00 for any single dwelling or $1500 for multiple dwellings. The pre-authorisation is not a charge and no funds will be debited from your account upon providing your credit card details. You authorise Ettrick Rocks Management to charge the cost of making good any loss or damage, or other costs incurred by you during your stay at the Property. If the total of costs payable by you exceeds the amount of the security bond then you agree to pay the balance owing to Ettrick Rocks Management on demand. You will be liable to pay all expenses incurred by Ettrick Rocks Management arising from a default in payment by you, including but not limited to debt recovery costs, legal fees and disbursements on an indemnity basis.
Ettrick Rocks Management will hold the security bond until any or all potential claims relating to your use of the Property are resolved. Where there are no such claims, we will release the Security Bond within 48 hours of your departure.
6. Check In / Check Out
Check in is daily at 3.00pm and check out must occur by 10.00am unless otherwise agreed to by Ettrick Rocks King Island Management. If the Property is available prior to 3.00pm on the date of arrival we will assist you to check in at an earlier time.
(a) Requests to cancel or reschedule a booking to a new date, you should contact Ettrick Rocks King Island Management by phone or email.
(b) We will reschedule the booking to a new date, if outside our cancellation period and subject to availability of the Property. Additional fees may apply to accommodate the change, depending on the extent of changes to be made which will not exceed $100.00.
(c) Additional fees may apply if the rate is higher, for the new date.
(d) If the Property is available at the date, at a lesser rate, we will refund you the difference.
(e) If the Property is not available, the Guest may re-book a different property and pay any increase in fees that apply to the Property. If the new Property is available at a cheaper rate, we will refund you the difference.
(f) If the existing Property is not available, and you do not wish to book an alternative property the cancellation policies below will apply.
(g) When booking one Property our cancellation policy is:
Time of cancellation Our Policy
More than 45 days before arrival date We will refund you all funds paid to us.
Within 45 and 14 days days of arrival date Forfeit 1 night accommodation
Within 14 days of the arrival date Forfeit 100% of total booking fee
- Security Bond will be released in full.
(h) When making a group booking of two or more Properties our cancellation policy is:
Time of cancellation Our Policy
More than 60 days before arrival date We will refund you all funds paid to us.
Within 60 and 35 days of arrival date Forfeit 1 night accommodation of booked units
Within 35 days of the arrival date Forfeit 100% of total booking fee of all booked units
- Security Bond will be released in full.
If Ettrick Rocks Management must cancel a booking due to unforeseen circumstances beyond our control, we will offer you the ability to reschedule your booking.
(i) If you choose not to reschedule your booking, the booking will be cancelled and we will refund all monies paid.
8. Transfer of bookings
(a) Bookings may be transferred to another guest with our prior consent.
(b) We require photograph identification and contact information of the new booking Guest. The new booking Guest must present a photograph identification upon arrival at the Property to verify their identity.
(c) Transfer requests must be made by email or phone to Ettrick Rocks Management.
(d) Transfers will be granted, subject to our approval of the new Guest and purpose of stay if your request is received:
(i) more than 14 days prior to the arrival date, when the booking was made more than 30 days prior to the arrival date; and
(ii) within 7 days prior to the arrival date, when the booking was made within 30 days of the arrival date.
(e) We may be unable to accommodate late transfer requests due to the remoteness of the location posing difficulties in obtaining supplies and third party contractors.
(f) If a booking is transferred without obtaining our consent, and the booking Guest on our records does not arrive at the Property, the Guest's Transfer will not be permitted to stay on the Property and the booking will be deemed cancelled as per our cancellation policy.
9. Excess Cleaning, Damage, Theft or Losses
(a) The Property must be left in a clean state, and appliances in working order. Re-arrangement of any furniture or bedding is not permitted unless agreed to by Ettrick Rocks' management.
(b) To avoid damage to flooring and furnishing, please ensure shoes are removed before entering the Property or are clean. Complimentary slippers are provided for your use inside the Property.
(c) If the Property is damaged during your stay, you must notify the Property Manager as soon as is practicable. You agree to follow the directions of the Property Manager to take any action advised to minimise the risk of further damage.
(d) If the Property is left by the Guests in a state that requires excessive cleaning the Guest must pay the excess cleaning fee at the rate of $80.00 per hour.
(e) If there is any damage caused to the Property and its content then, the Guest must pay the additional cleaning fees and the cost of repairing or replacing damaged items where the damage cannot be repaired, and associated costs including the loss of business in not being able to rent out the property until the said property has been returned to its saleable condition.
(f) The costs referred to in (e) above will be deducted from the security bond in accordance with clause 5.
10. Use of the Property
(a) Events or parties are not permitted at the Property, without the prior consent of Ettrick Rocks Management. Consent may not be granted if there are guests staying at the other Properties.
(b) Noise levels must be kept at a minimum, and Guests must not directly disturb other Guests. A breach of this term may result in the offending party(s) being removed from the Property and/or the booking being cancelled.
(c) Guests staying at the Property at any time, must not exceed the number of guests stated in the booking confirmation.
(d) If the number of Guests staying at the Property exceeds the number of guests stated in the booking confirmation, you must pay an additional charge of $200 per person per night, plus additional cleaning fees charged at $80 per hour.
(e) Complimentary slippers are provided to Guests for use within the Property which Guests may take home.
(f) Bath robes are provided for the Guest to use whilst at the Property but must be left at the Property at the end of your stay.
(g) Guests may make purchases from the mini bar at prices displayed.
(h) Guests may also purchase additional services or artwork at the prices displayed.
(i) If payment is not made during the Guests stay, Guests will be issued an invoice for any purchases made whilst at the Property, payment of which will be deducted by Ettrick Rocks Management from the Security Bond.
(j) Guests must ensure that the Property is secured locked when unattended.
(k) Pets are not allowed on the Property unless agreed to by Ettrick Rocks Management. Additional fees may apply.
(l) Smoking is not permitted inside the homes or near entry doors and any opened windows. Excess cleaning fees may apply to remove cigarette or smoking odours inside the homes.
(m) Guests agree not to engage in any act that would invalidate our insurance policy.
(n). Re-arrangement of any furniture or bedding is not permitted unless agreed to by Ettrick Rocks' management.
(o) Excess cleaning fees charged under this clause will be deducted from the Security Bond in accordance with clause 5.
11. Your belongings
Guest property remains the responsibility of the Guest at all times. Ettrick Rocks Management takes no responsibility for any loss or damage that occurs to Guest Property unless the loss or damage is directly caused by the negligence of Ettrick Rocks Management and its representatives.
12. Return and Replacement of Keys
At the time of departure Guests must return the keys in the lock box located at the Property or leave keys as directed by the Property Manager. If keys are lost, or not returned, you agree to pay the replacement fee, which is the cost of replacing all door locks, including labour as charged by our chosen locksmith. The replacement fee will be deducted from the security bond.
To the extent permitted by law, Guests agree to indemnify and hold Ettrick Rocks Management harmless against any loss or damage which arises in connection with your use of the Property that is a breach of these terms and conditions, or through an act of negligence by a Guest. To the extent permitted by law, the Guest responsible for the booking will be liable for the usual remedies available at law including consequential loss (being loss of revenue, profits, actual or potential business opportunities or anticipated savings or profit, whether direct, indirect, economic, or consequential) arising by way of act or omission in contract or in tort.
Guests staying at our accommodation do so at their own risk. Ettrick Rocks will not be held liable or responsible nor offer discounts or refunds for any loss or damage done to guests' property or vehicles, delays, expenses or inconvenience caused directly or indirectly by any events or natural disasters beyond the accommodation provider's control. Children must not roam in or around the property unless under the immediate supervision of their guardian. The guardian takes full responsibility for the welfare of children, inside the retreat, or in other facilities in or outside of the property.
It is possible that it might be necessary to temporarily carry out routine maintenance during your stay. Additionally, Ettrick Rocks does not guarantee against mechanical failure of heating, air-conditioners, televisions, sound system or other appliances. The guests agree to report any inoperative equipment to Ettrick Rocks and we will make every effort to have maintenance done in the most-timely manner possible. Guests are required to allow maintenance personnel access to the property during reasonable hours (unless emergency conditions exist and out of hours attendance is necessary). No discounts or refunds will be given for equipment/appliance failure and for routine maintenance. Should a repair person make a call to the property and find that the equipment is in working order and the problem was due to guests' oversight or inability to operate the equipment and did not seek assistance from management or staff, the charge for the service call will be billed to the guest, and the guest agrees to pay the charge. Please apply common sense in all cases.
16. This Site is provided “as is”
User’s acknowledge that access to the Site is granted by Ettrick Rocks Management to the User on an “as is” basis. Whilst we make every reasonable effort to ensure that the information on the Site is up to date and complete, we make no representation or warranty as to the accuracy or reliability of the Site content. Images display the actual Property available for booking however, screen resolutions of individual Users vary which impact upon the colour and display of images.
We do not warrant that the functional aspects of the Site will be uninterrupted or error free or that the Site, its content or the server are free of viruses or other harmful components. Ettrick Rocks Management does not guarantee against third party interference nor that the Site or its content will be compatible with third party software or hardware. Ettrick Rocks Management is not liable for any issues arising with the Site due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond Ettrick Rocks Management’s reasonable control.
17. Acceptable Use of Site
Users agree to use the Site in accordance with this Agreement:
- in good faith;
- in a way to not bring disrepute or cause reputational or other damage to Ettrick Rocks Management.
Users must not use the Site in a way that:
- is fraudulent;
- invasive of another’s privacy;
- infringes the intellectual or other proprietary interests of third parties;
- contains viruses or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment;
- uses technology or other unauthorised means to access the Site;
- uses or launches any automated system to access the Site;
- gains or attempts to gain unauthorised access to the Site including the networks or user accounts;
- attempts to or engage in conduct that damages, disables, overburdens, or impairs the Site, servers or networks;
- or encourages or incites any other person to engage in any of the above behaviour;
- frames or utilize framing techniques to enclose the Site or any portion of the Site;
- modifies, reverse engineers or create any derivative works based upon the Site or any of its content;
- collects account information for the benefit of yourself or another party;
- uses any meta tags or any other hidden text utilizing any of the content on the Site;
- uses software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;
- includes downloading any image or content and passing it off as your own, or
- encourages any other User to engage in the above.
18. Intellectual Property Rights
Ettrick Rocks Management retains all ownership rights over all intellectual property (registered or unregistered) available on the Site including, but not limited to, images, designs, artwork, logos, written content, and moral rights. Ettrick Rocks Management claims copyright over all content on the Site or is using the content on the Site with the consent of the copyright owners, unless otherwise indicated.
19. License to Users
Ettrick Rocks Management grants Users access to the Site through this license. We retain all ownership and proprietary rights in the Site and its content and grant Users the non-exclusive, non-transferable, limited right to use the Site to view the Site and book accommodation. This license commences upon the User first visiting the Site and continues until termination by us or the User. Ettrick Rocks Management has the discretion to terminate this license immediately and without notice if a User breaches this license and we reserve our right to take action against the User. All rights not specifically granted under this Agreement are reserved by Ettrick Rocks Management and, as applicable, its licensors. This licence excludes the right to republish, redistribute, transmit, sell, or license the Site or any of its content and excludes the right to make any use of the Site or any of its content other than for personal use.
20. Limited Liability
Without limiting the operation of the Australian Consumer Law, Ettrick Rocks Management excludes all conditions, warranties, terms and guarantees otherwise implied by law. Users use the Site at your own risk and we are not liable for any misuse of the Site by a User. To the extent permitted by law Ettrick Rocks Management is not liable to pay for any indirect, economic, special or consequential loss or damage including but not limited to loss of revenue, profit, goodwill, business or claims made against it arising from a User’s use of the Site or pieces.
Users agree to indemnify keep Ettrick Rocks Management fully indemnified against all claims by any person whatsoever for injury, loss or damage suffered in connection with the User’s use of the Site where the claim arises from the User’s breach of these terms and conditions.
22. Breaches of these terms and conditions
Ettrick Rocks Management reserves the right to take any of the following action if we reasonably suspect that a breach of this Agreement has occurred:
(a) issue a formal warning;
(b) suspend or prohibit access to the Site or a Property;
(d) block access to the Site;
(f) take legal action against you,
(g) suspend or delete your account, and
(h) report a matter to law enforcement.
If we suspend or prohibit or block your access to the Site, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this agreement.
If any provision of this Agreement is invalid under any law the provision will be deleted from the Agreement to the extent of the invalidity and the remaining provisions will remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of Victoria and Australia and any claim arising out of this Agreement will be determined in Victoria.