Terms and Conditions

1.1 The team at The Bryn at Tilba strives to ensure the highest standards in hospitality, cleanliness, and service. The following terms and conditions apply to all Bookings at The Bryn at Tilba (Terms) are entered into between Our Dacha Pty Ltd ABN 64 653 377 292 (we, us or our) and you, together the Parties and each a Party.

1.2 We provide a luxurious hotel stay where you (also known as Guests) can make a Booking (Booking) to stay on Site and enjoy a holiday in the beautiful south coast of New South Wales in an award‐winning, boutique accommodation set on 8 acres of tranquil, park‐like grounds in a magical, rural‐coastal landscape.

1.3 In these Terms, you means the person making a Booking at the Site.

1.4 There is no physical front desk at the Bryn, however our reception phone hours are available to call 24‐hours but late after‐hours calls may go to voice mail and be responded to the following day. You may also call Sally at +61 407 106 392 alternatively. There may be staff on‐site but they are likely engaged in their duties and may not be able to assist you. Dial 000 in an emergency.

2.1 You accept these Terms by accepting these Terms when making a Booking. If more than one person is part of your Booking, you represent, warrant and agree that you will be responsible for their compliance with these Terms and that by staying on Site, they accept these Terms.

2.2 You must be at least 18 years old to make a Booking.

2.3 We may amend these Terms at any time, by providing written notice to you. By continuing with your Booking after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment and it adversely affects your rights, you may cancel your Booking in accordance with the Refunds and Cancellation clause.

3.1 You must make a Booking to access the Site.

3.2 You must provide basic information when making a Booking including your contact name and email address.

3.3 All personal information you provide to us will be treated in accordance with our Privacy Policy.

3.4 You agree to provide and maintain up to date information for your Booking so that we can get in touch with you as necessary.

3.5 A minimum Booking length of two nights is applicable at all times.

4.1 Arrival and Departure Times: Check in is any time from 2.00pm to 6.00pm (or please contact us if later arrival is expected). Check out is by 10 am. Subject to prior arrangement, we may agree to vary these times. If so, a late check out fee of $25/hour will be applied and charged to the card details you provided at the time of Booking.

4.2 Children: Please note that the Site does not accommodate anyone under the age of 12. Parents/guardians are fully responsible for ensuring their children are supervised at all times throughout the Site.

4.3 Pets: Please note that pets are not permitted at the Site.

4.4 Smoking: Please note that smoking is strictly not permitted indoors at the Site. Where this policy is breached, any costs reasonably incurred by us for cleaning and deodorizing will be charged to the card details you provided at the time of Booking.

4.5 Amenities: Amenities such as parking are for the exclusive use of Guests. If any visitors will be attending the property, please notify us and seek our permission prior to their arrival. Your sheets and towels will be changed on the fourth morning of your Booking. Fresh towels will be supplied prior to this time, where requested.

4.6 Inclusions: Your Booking includes a continental breakfast, complimentary chocolates, cookies and port. Please advise us of any dietary requirements or allergies that may affect these inclusions.

4.7 Wi‐fi: Your Booking includes access to free wi‐fi on a fair usage basis.

4.8 Mobile phone service: Please note that no landlines are provided on Site and mobile service may be patchy and unreliable.

4.9 Use for Events: Subject to prior arrangement, the Site may be used for mini‐conferences, mini‐retreats, mini‐workshops and other functions as may be agreed by us. An extra charge will apply where the Site is used for purposes over and above the normal use of the property, to be agreed between the Parties from time to time.

4.10 First Aid: A fire extinguisher and fire blanket are located in the galley adjacent to the washing machine. A fire hose is located on the southern veranda. A basic first‐aid kit and band‐aids are kept in the drawer near the living room sink.

4.11 Hazards: Please note that the Site is a rural property with areas of steep slopes, rock outcrops, large trees, slippery grass, sticks and holes. You are advised to take precautions when walking the Site at night, or use one of the torches provided. There is also a risk of snakes, ticks, spiders and other insects. Please also feel free to use the mosquito spray in the cupboard under the sink.

4.12 Lights, heaters and appliances: Operation manuals are provided for all appliances. Guests are asked to turn off all lights, gas heaters and other appliances prior to leaving and when not in use.

4.13 Responsibility for Damage: Guests are responsible for any damage to the property fittings, furnishings, and other items, including breakages and excessive soiling. You must pay the full cost reasonably and directly incurred by us to replace, repair, or clean damaged items. We may also, acting reasonably, apply a fee for any lost bookings should the Site need to be closed in order to carry out repairs. You must also pay a reasonable fee if we need to undertake extensive cleaning, dry‐ cleaning, or deodorizing owing to soiling or where a room is left in abnormally poor condition.

4.14 Septic system: To help keep our septic system functional please scrape all food scraps into the garbage bin and coffee grounds into the compost bucket before washing up. Do not dispose of any items other than toilet paper in toilets.

4.15 General Rules: You agree that you will, during your Booking:

(a) respect the right of any other guests to experience a safe, clean, tidy, relaxing environment throughout their respective Booking;

(b) store any bikes, scooters, skateboards or other forms of transportation outside;

(c) keep volumes of TV, radio, music and other activities at a reasonable level at all times;

(d) prevent insects and wildlife entering buildings by keeping doors and windows without screens closed and using screens where available;

(e) keep French doors and entry doors closed at night;

(f) use fly screens when leaving windows open;

(g) close all windows in the living room before going to bed;

(h) wash up after using tea/coffee and cooking utensils, dining ware, etc. and return to the appropriate location after use;

(i) keep the shared living room clean, tidy and free of personal items;

(j) use the rubbish bins located under the sinks;

(k) use the recycling bins for newspapers, bottles, cartons, located on the verandahs;

(l) return all items including dining ware, glassware, cutlery, torches, books, games, DVDs, CDs, magazines to their appropriate location after use; and

(m) use outdoor cushions (located in wardrobes) rather than bed cushions if sitting on the verandah.

5.1 The room charge (the money paid to book and occupy your room) is set out on our website and quoted in Australian dollars and inclusive of GST.

5.2 You agree to pay (and your chosen payment method will be charged) the room charge in full at the time you make a booking. Confirmation of accommodation will be emailed upon receipt of full payment of the room charge.

5.3 The payment methods we offer for the room charge is set out on our website, and only include payment by credit card. You acknowledge and agree that we have no control over the actions of the third‐party provider, and your use of the third‐party payment method may be subject to additional terms and conditions.

5.4 You must not pay, or attempt to pay, the room charge by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third‐party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.

5.5 We do not store any credit card details, and all payment information is collected and stored through our third‐party payment processor.

5.6 If you would like to give the gift of a stay on Site, please email us at inquiries@thebrynattilba.com.au to purchase a gift voucher.

6.1 You may request to cancel your booking up to 30 days before the date your booking is set to start and you will receive a full refund of the booking Fee.

6.2 To the maximum extent permitted by law, if you request to cancel your booking within 30 days of the start date of your booking, you agree that you will not be entitled to a refund of the booking Fee.

6.3 If the period of your Booking is shortened within 30 days of the start date of your Booking to fewer nights than originally booked, the nights no longer required will be treated as cancelled and no refund will be applicable, as shortened Bookings mean we cannot book in other guests in the same time period.

6.4 This clause will survive the termination or expiry of these Terms.

7.1 Guests may review their experience of their booking and the Site (Review).

7.2 You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

7.3 Your experience as a Guest must have occurred in the 12 months prior to you writing a Review.

7.4 This clause will survive the termination or expiry of these Terms.

8.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).

8.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL.

8.3 Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

8.4 This clause will survive the termination or expiry of these Terms.

9.1 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:

(a) any property loss or damage, or personal injury or loss arising from or in connection with your non‐compliance with these Terms; and

(b) any event outside our reasonable control, including a Force Majeure Event.

9.2 Despite anything to the contrary, to the maximum extent permitted by law:

(a) neither Party will be liable for Consequential Loss;

(b) you agree to indemnify us for any Liability we incur due to your breach of clause 4; and

(c) each Party’s 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 the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses.

9.3 This clause will survive the termination or expiry of these Terms.

10.1 Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Guest and us, or a Guest and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

10.2 Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

10.3 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

10.4 Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

10.5 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. 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.

10.6 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

10.7 Third party management: You acknowledge and agree that the Site may be managed or advertised by a third party, including but not limited to Southbound Escapes (S.B. Holiday Rentals And Tours Pty Ltd ABN 70 619 412 761). You acknowledge and agree that we will have no liability for the acts or omissions of any third party.

11.1 Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Fee under these Terms will not constitute “Consequential Loss”.

11.2 Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.

11.3 Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trademarks, domain names, know‐how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.

11.4 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

11.5 Site means the Bryn at Tilba, at 91 Punkalla Tilba Rd, Central Tilba NSW 2546.