Last Updated: 1 March 2023
These Terms of Service (“Terms”) are a binding legal agreement between you and Yurt Hideaway (ABN: 93 242 796 830). When used in these Terms, “Yurt Hideaway,” “we,” “us,” or “our” refers to the Yurt Hideaway with whom you are contracting.
The “Yurt Hideaway Website” (www.yurthideaway.com.au) offers an online booking of the Yurt Hideaway Accommodation, Packages & Extras.
Those who search for, book, or use accommodation and services are “Guests.” Yurt Hideaway offers accommodation (“Accommodation”), activities, classes, tours, and hiring of items, a variety of travel and other services (collectively, “Yurt Hideaway Services”.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
You accept these Terms by checking the box, clicking “I accept” at checkout or using the Yurt Hideaway Website or the Yurt Hideaway Services. You must be 18 years old or older to use the Yurt Hideaway Website and make a Reservation.
2. House Rules
By making a Reservation with Yurt Hideaway you agree that all guests will follow house rules during their stay at the Accommodation:
- No parties, offensive noise or anti-social behaviour
- No pets. For the security and welfare of pets, we request that you do not leave them unsupervised in your car.
- No smoking or cooking inside the yurt.
- No candles or incense.
- Maximum of 2 people & 1 car at Yurt Hideaway at all times.
- Adults only. Yurt Hideaway is not suitable for children.
3. Booking & Payment
When you book Yurt Hideaway Services on the Yurt Hideaway Website, you are agreeing to pay all charges for your booking including the nightly rate, applicable fees, selected Extras, taxes, and any other items identified during checkout (collectively, “Total Price”).
All payments will be processed in Australian Dollars.
You must enter your personal information on reserving Yurt Hideaway Services and this information must be accurate.
When you receive the booking confirmation, a contract for Yurt Hideaway Services (a “Reservation“) is formed directly between you and Yurt Hideaway.
In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the Cancellation Policy any other rules, standards, policies, or requirements identified on the Yurt Hideaway Website and during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking.
We provide a number of payment methods on the Website. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.
If any fees are not paid when due, we may (at our absolute discretion) immediately cancel your Reservation (Cancellation Policy will apply) and recover, as a debt due and immediately payable from you, our additional costs of doing so.
4. Accommodation Reservations
An Accommodation Reservation is a limited license to enter, occupy, and use the Accommodation. We retain the right to re-enter the Accommodation during your stay, to the extent:
(i) it is reasonably necessary, and
(ii) consistent with applicable law.
You may not exceed the maximum number of 2 people & 1 car at Yurt Hideaway at all times, unless permission is given in advance by Yurt Hideaway in writing. If at any time we find more people or vehicles than you have approval for, we reserve the right to evict all guests from the property. Should this occur, no refund will be provided.
Where you are booking services on behalf of additional guests, that you nominate the guests in the Reservation and that the guests meet the requirements of the Yurt Hideaway Services.
You will comply with the Yurt Hideaway’s reasonable instructions.
We take a ZERO TOLERENCE approach to any offensive noise and anti-social behaviour. Any offensive noise, disruptive or illegal behaviour will be grounds for immediate eviction from the property with no refund payable and a full security bond may also be forfeited. We reserve the right to inspect the property at any time of day or night if we are made aware of inappropriate behaviour. Any parties or anti-social behaviour will be reported to the police.
All guests of Yurt Hideaway are required to behave with all applicable laws, including local laws. Yurt Hideaway is registered under the Mornington Peninsula Shire Short Stay Rental Accommodation Local Law. Guests of Yurt Hideaway must ensure they abide by the Code of Conduct during their stay. A serious breach of the Code of Conduct may result in the termination of your Reservation and require you to immediately vacate the property.
5. Reservations for Additional Services (Extras & Packages)
Any additional activity booked (for example a yoga class, hot springs package) on the Yurt Hideaway website in the form of Extras or Packages (“Additional Services“) entitles you to participate in, attend, or use that Additional Service.
You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements.
You are responsible for informing Yurt Hideaway of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Additional Service.
Except where expressly authorised, you may not allow any person to join an Additional Service unless they are included as a second guest during the booking process or written approval is given by Yurt Hideaway.
Yurt Hideaway books Additional Services with outside organisations (“Third Party Provider“) on your behalf. By booking these with us you agree to accept the Third Party Provider’s terms & conditions. Yurt Hideaway is not responsible or liable for any aspect of Additional Services offered by a Third Party Provider.
6. Identity Check
By entering into a Reservation with Yurt Hideaway, you agree to have SUPERHOG Ltd, superhog.com (“Superhog”) validate your reservation, including but not limited to agreeing to the Superhog Guest Agreement and conducting an ID check (collectively, “Booking Validation“).
If you fail or do not complete the Booking Validation before the due date your reservation will be cancelled and the cancellation policy will apply.
7. Security Deposit (Bond)
You agree that we may charge you a security deposit in the amount set out when booking (“Security Deposit“) in the event that the we claim that you have damaged the property within 14 days from the end of the completed Booking. You agree to follow the following process:
- In the event of a claim, we will communicate with you, stating the details and providing you with proof of the claim.
- You will be given the opportunity to discuss the claim with us.
- We will charge against your Security Deposit using the credit card details provided at booking.
This deposit is to cover any additional costs incurred including but not limited to breakage, damage, missing items or excess cleaning requirements.
Extra Charges that may apply:
- Damage/breakages – replacement cost
- Items missing from the property – replacement cost
- Unauthorised pets at the property – $300 minimum
- Removal of excess rubbish – $50 minimum
- Loss of keys – $50 plus the cost replacement
- Evidence of smoking inside – $100 minimum
- Water Damage to the property from roof or doors being left open – $200 minimum
8. Cancellations and Refunds
If you cancel (including if the Booking is deemed to be cancelled by you due to non-payment of the Total Price by the due date or you fail or do not complete Booking Validation by the due date), the amount refunded to you is determined by Yurt Hideaway’s cancellation policy.
If you are eligible for a refund, we will transfer the refund amount to you.
If Yurt Hideaway cancels your Reservation, we will refund you the Total Price paid by you.
9. Reservation Modifications
Subject to availability, a request to modify your Reservation dates are to be submitted within the timeframe outlined in the cancellation policy (“Reservation Modification“). All Reservation Modifications require approval by Yurt Hideaway. Any Reservation Modification requests outside the timeframe will not be approved.
If your Reservation Modification is approved by Yurt Hideaway and your new dates have higher Total Cost to your original reservation, you agree to pay any additional amounts, fees, or taxes associated with the Reservation Modification.
Modification of other reservation details, such as guest names or number of guests, must be requested by you and approved by Yurt Hideaway at least 24 hours before your check in time. Your are responsible for ensuring all guests complying to the Terms, even if you are not personally attending the Accommodation or Yurt Hideaway Services.
10. Check In
Check in is strictly after 3.00pm on the day of arrival. We operate a contactless ‘self-check-in’ using a numerical keypad at the property. On the day of arrival, you will be emailed/texted the check in instructions.
If upon arrival to the property there are any issues related to cleanliness or damage you must report such items to Yurt Hideaway promptly and to allow us to inspect the property and to rectify, if necessary, any cleaning or repairs. If you arrive after 5:00pm any issues will may not be attended to until the next business day. Yurt Hideaway are not responsible for alternate accommodation or any other costs.
11. Check Out
You agree to check out at the agreed check out time. We ask that when you leave the property you ensure the doors are closed and the property is locked. The property should be left in a neat and tidy state, including turning off all lights & heating before your departure. Fees will apply if the property requires extra cleaning after your departure.
If you stay past the agreed checkout time without our consent (Overstay), we have the right to make you leave in a manner consistent with applicable law. In addition, you agree to pay, for each 24 hour period (or any portion thereof) that you Overstay, an additional fee ranging from $110 up to two times the average nightly rate of Yurt Hideaway accommodation to cover the inconvenience suffered by us, plus all applicable taxes, and any legal expenses incurred by Yurt Hideaway to make you leave (collectively, Overstay Fees).
Whenever you are absent from the property, you agree to close all windows and doors and lock the gate to maintain security and prevent rain and water damage. Fees will apply if water damage occurs from failure to securely close the yurt or bathroom. If the yurt top is open in the rain during your stay, we reserve the right to enter the property and close it.
Ensure all heaters, BBQ and other electrical appliances are turned off whilst you are out of the property. You may leave the fan on while away from the property.
Personal items are left in the property at your own risk.
For your security and monitoring, there is a security camera monitoring the driveway outside the yurt space. There are no cameras beyond the entry gate (the entire yurt space is completely private).
13. Suburban Noise
Yurt Hideaway is in a suburban location where others reside close by. Noise from neighbours including building or renovation work may occur. We are not responsible for any noise from neighbouring properties. No refund will be offered for noise.
Report the issue to us ASAP and we will do out best to communicate with neighbours to reduce the disturbance.
14. Gift Vouchers
If you have purchased a gift voucher, you must apply the gift voucher at the time of making a Reservation on the Yurt Hideaway Website. Once a Reservation has been made, you cannot redeem a gift voucher in relation to that Reservation. We do not guarantee that your preferred dates will be available when you purchase the gift voucher.
The gift voucher has an expiration date. You cannot redeem a gift voucher after this expiration date.
To the maximum extent permitted by law, gift vouchers are non-refundable and are not redeemable for cash.
15. Your Responsibilities and Assumption of Risk
15.1 Your Responsibilities
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, Experience or other Yurt Hideaway Service.
For example, this means:
(i) you are responsible for leaving the Accommodation (and related personal property) in the condition it was in when you arrived,
(ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, and
(iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Yurt Hideaway Service, you must be legally authorised to act on behalf of the minor and you are solely responsible for the supervision of that minor.
15.2 Your Assumption of Risk
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Yurt Hideaway Website, including your stay at any Accommodation, participation or use of any other Yurt Hideaway Service, or any other interaction you have with others whether in person or online. This means it is your responsibility to investigate a Yurt Hideaway Service to determine whether it is suitable for you. For example, Yurt Hideaway Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Yurt Hideaway Services.
16. Exclusions to liability
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
- your or your personnel’s acts or omissions;
- any virus or similar harmful code being introduced into your IT systems via email relating to, or access to the Yurt Hideaway Website;
- any property loss or damage, or personal injury or loss, arising from or in connection with your participation in Yurt Hideaway Services.
- any use or application of the Yurt Hideaway Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
- any works, services, goods, materials or items which do not form part of the Yurt Hideaway Services, or which have not been provided by us;
- any third parties or any goods and services provided by third parties, including suppliers, customers, transportation or logistics providers or other subcontractors;
- the Yurt Hideaway Services being unavailable, or any delay in us providing the Yurt Hideaway Services to you, for whatever reason; and/or
- any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.
17. Limitations on liability
Despite anything to the contrary, to the maximum extent permitted by law:
- we will not be liable for Consequential Loss;
- our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your personnel); and
- our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Yurt Hideaway Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid by you to us in respect of the supply of the Yurt Hideaway Services to which the Liability relates, or where there are no Service Fees paid, $1.
This clause will survive the termination or expiry of these Terms.
18.1 Yurt Hideaway Website Content
The Yurt Hideaway Website includes copy, graphics and photos (“Content”) that may be protected by copyright, trademark, and/or other laws. You acknowledge that all intellectual property rights for that Content are the exclusive property of Yurt Hideaway and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content on the Yurt Hideaway Website.
The Content is not comprehensive and is for general information purposes only. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We are not liable if any Content is inaccurate or out-of-date.
18.2 Force Majeure
We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
Any notice given under these Terms must be in writing addressed to us or to you at the address you provide us in your Reservation. 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.
18.4 Emails and SMS
You will receive administrative communications from us using the email address or other contact information you provide us. Enrolment in additional email subscription programs will not affect the frequency of these administrative emails. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third party data rates could apply. You can opt out of receiving promotional emails by clicking unsubscribe.
18.5 No Waiver
Yurt Hideaway’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Yurt Hideaway’s prior written consent. Yurt Hideaway may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
18.8 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.
18.9 Third Party Services
The Yurt Hideaway Website may contain links to third-party websites, applications, services or resources (“Third Party Services”) that are subject to different terms and privacy practices. Yurt Hideaway is not responsible or liable for any aspect of such Third Party Services and links to such Third-Party Services are not an endorsement.
18.10 Google Terms
Some translations on the Yurt Hideaway Website are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Yurt Hideaway Website implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
18.11 Modification of Terms
Yurt Hideaway may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Yurt Hideaway Website and update the “Last Updated” date at the top of these Terms. By clicking “I accept” or continuing to use the Website or Yurt Hideaway Accommodation or Services, you agree to the amended terms.
For any questions, please contact us at:
Yurt Hideaway ABN 93 242 796 830
Email: [email protected]