Terms and conditions.
This Booking Agreement (the Agreement) is between Glencar Luxury Villas ABN 53 900 427 923 (also known as Glencar below) for the holiday rental of the Property located at 157 Stockyard Road, Norfolk Island NSW 2899 (the Property) and the guest/s named in the booking (Guest or you) made via Glencars booking system as applicable (Booking).
ACCEPTANCE
1 - This Agreement includes Glencars legal notices and all guidelines, codes of conduct, schedules, and attachments relating to this Agreement, provided with, or separately and forming part of this Agreement, including the Schedule of Costs.
2 - This Agreement is subject to all applicable public health and related Australian State and Federal Government regulatory and legislative obligations, directions, orders and restrictions (including those in relation to COVID-19 or any comparable pandemic) (Public Health Laws) in force at the applicable times. The Guest will be responsible for checking and complying with all relevant and applicable State and Federal Government health orders, directions, guidelines and alerts upon entering into this Agreement and before commencing their stay at the Property.
3 - Only persons aged (18) years or older are permitted to make Bookings and enter into this Agreement. By making the Booking the Guest represents and warrants that they are at least eighteen (18) years of age.
4 - If the Guest does not accept the terms and conditions under this Agreement, they must not proceed with payment for the Booking and must immediately cancel the Booking.
TARRIFS
Nightly rate for either Villa is $850 for 2 persons. From January 1 2025 the rate increases to $900 per night for 2 persons.
To add the Taste of Norfolk package is $75.00 per person per night or $150 per Villa. Nightly rate would be $1000 for 2 persons ($1050 from January 1, 2025).
The private swimming pools can be heated. Due to significantly higher electricity prices on Norfolk Island, there is a surcharge of $100 per day (8am-6pm) for the pool heater and pump to be operating.
ONLINE BOOKINGS
By using our online booking system ‘Little Hotelier’, part of Online Ventures Pty Ltd (trading as ‘Siteminder’) ABN 82 656 085 996, you agree to their terms and conditions accessible at www.littlehotelier.com. To make a Booking, you will be required to set up a user account. The person making the Booking will be the registered Guest. For more information regarding personal data, please refer to our Privacy Policy. You agree that all information you provide to us will be true, accurate, current and complete. You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and our Services.
CHECK-INS
1 - Check-in is available from 14:00pm on the day of arrival. The latest check-out time is 10:00am on the day of departure.
2 - During any period in which Public Health Laws apply to the Guest’s stay at the Property, Glencar may request that all Guests provide a declaration as to their health and exposure to any pandemic or other illness including COVID-19 which is the subject of the applicable Public Health Laws, as a prerequisite for completing check-in.
LENGTH OF STAY
There is a standard three (3) night minimum stay. Minimum length of stay restrictions will apply to certain rates.
NUMBER OF GUESTS
At no time during the Guest’s Booking shall the number of Guests staying exceed the allowance of 2 persons per Villa. All guests must be 13 years of age or older. (Any special requests must be confirmed in writing by Glencar management prior).
CHILDREN
No children are allowed on the property at any time. Glencar Luxury Villas are an Adult only accommodation.
RENTAL CAR
Ensure you have adequate travel insurance to cover car hire. The excess on a damaged vehicle is $2000. Our VW vehicles are top of the range and with Norfolk Island being so remote it makes repairs and parts difficult and expensive to obtain and fix. Ensure you have a valid full driving licence. This will be checked by Glencar management prior to using the vehicles. At the end of your stay, the car must be filled with petrol. If the car is returned with less fuel, the credit card on file will be automatically charged to fill the car up plus an administration fee of $50.
SOCIAL MEDIA AND REVIEWS
Where, upon request, you provide us with images of you or others, taken during your stay at the Property, unless you expressly object, you agree to release and hold us harmless for any liability in relation to the images which we may use for our marketing material or for promotional purposes.
Guests agree testimonials we have received from other guests received by us are indicative of that guest’s experience at the Property and may not necessarily be typical. You recognise and agree these are not a guarantee of the experience you will have at the Property, though we do our best to ensure every Guest is satisfied.
In the event you experience any issues or problems during your stay, you agree to give Glencar Luxury Villas the opportunity to rectify the situation prior to leaving negative reviews that may be published in the public domain, and which may be damaging to our reputation.
Guests agree that upon leaving a review they consider the regulations regarding false statements under the Competition and Consumer Act 2010 (NSW), and pursuant to the Defamation Act 2005 (NSW), which allows for anyone who has had damaging material published about them or which may cause injury to their business, to take legal action against authors.
DISPUTE RESOLUTION
If a dispute arises out of or relates to this Agreement, a party must not commence any court or other proceedings relating to the dispute unless it has first issued a written notice to the other party specifying the nature of the dispute. Upon receipt of the notice by the other party, the parties must endeavour to resolve the dispute within twenty-one (21) days using informal dispute resolution techniques including settlement discussions and mediation. If the dispute cannot be resolved, then the parties shall be free to pursue any right or remedy available to them under applicable law. Nothing in this Agreement will prejudice the right of a party to institute proceedings to enforce payment due under this Agreement or to seek urgent injunctive or declaratory relief in respect of a dispute or any matter arising under this Agreement.
PAYMENT
On booking via the website 25% payment is required. Balance due 90 days prior. If booked within 90 days, full payment required.
RATES
Rates quoted are in Australian dollars and are subject to change at any time and depending on availabilities. Rates are inclusive of Good and Services Tax (GST) where applicable. Verbal quotes are estimations of price only and are subject to written advice on the Booking confirmation. In rare cases, accommodation rates may be subject to increase after you have made payment; where this occurs, the Guest will be notified and may either pay the difference or receive a refund.
CANCELLATIONS, RE-SCHEDULE & REFUNDS
No cancellations are accepted within and inclusive of ninety (90) days prior to arrival or after check-in. The full amount for the entire stay will be non-refundable.
Outside of ninety (90) days notification, there is a 1 night rate charge to cancel the booking OR there is the opportunity to keep the full value of the booking in credit to use within two (2) calendar years.
If Glencar are able to replace the booking, any cancellation fees are kept in credit for the client to use for future stays (within two calendar years).
THE PROPERTY
The Guest agrees:
To be an occupant of the Property for the entire duration of the stay;
Not to sublet or allow unregistered guests to stay at the Property to comply with all applicable laws and regulations;
To co-operate with Glencar Luxury Villas and abide by these terms and conditions during their stay at the Property;
Not to use the Property for any purpose other than the approved purpose as set out in this Agreement;
To close and lock doors and windows at check-out and when the Guest is not present at the Property to prevent theft of or damage to furnishings or the Guest’s personal Property and to contact Glencar Luxury Villas immediately where they are not able to secure the Property;
Not to use the Property for any criminal activity, including online, and acknowledges Glencar Luxury Villas will cooperate with any investigation of alleged criminal activity at the Property during or after the stay;
The Villas are NON SMOKING. You are welcome to smoke in the grounds.
Not to use the Property for parties and gatherings without prior written permission;
To not have pets on the Property;
To abide by the Noise and Good Neighbour Policy highlighted in the terms and conditions.
To leave the Property in the same condition as found, returning all furniture and styling pieces to their original location;
GUEST FACILITIES
The Guest must contact management immediately with the twenty-four (24) hour emergency contact number, in the event of an emergency.
Free internet connection is available to all Guests. The connection of the internet during the Booking is not guaranteed and may be disrupted or unavailable without notice.
All personal Property left behind is the sole responsibility of the Guest who must either arrange payment for post or delivery or collect the item from the Property.
The Guest acknowledges the Property may be visited by wildlife including, but not limited to rodents, insects, cockroaches and spiders, and agrees Glencar Luxury Villas is not responsible for the natural and surrounding habitat.
Glencar Luxury Villas does 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 our team in the first instance. Any problems that arise during the rental period that do not constitute an emergency as determined by management, will be remedied at any time during or after the rental period, at the sole discretion of the management.
Glencar Management reserves the right to enter the Property at any time, without notice, to protect and/or undertake maintenance of the Property. Glencar management will give notice to the Guest wherever possible.
NOISE AND GOOD NEIGHBOUR POLICY
You acknowledge that parties and gatherings are strictly prohibited at Glencar without prior permission from management, and that all noise shall be kept indoors after 10:00pm and prior to 8:00am.
Excessive noise, music and any other form of disturbance to neighbours and other Glencar Guests is prohibited at all times and may result in an eviction without refund.
Additionally, where Glencar staff, security guards or the police attends the Property to deal with noise complaints or excess Guests, or where a complaint has been received from the neighbours during or after your stay, you will be charged a fine in accordance with the Schedule of Costs or your accomodation may be withdrawn.
Evidence of a party or function found after the Guests have checked out shall result in an additional charge.
NEIGHBOURS
A ‘good neighbour’ policy shall be enforced at Glencar. You acknowledge that Glencar will be treated with as much care as your own residence, and that it shall be left in the same condition as when you arrived. Behaviour exhibited by you and/or other Guests that is disrespectful of and disruptive to neighbours, traffic flow or the community, or which prompts complaints to the Glencar management from the police, local council or neighbours shall not be tolerated and may result in a fine or eviction.
DAMAGES, ASSESSMENT AND REPAIR
1 - All damages, breakages or losses to the Property, furniture and furnishing are to be reported immediately to management. To avoid being charged for any damage not caused by the Guest, such faults or breakages should be brought to Glencar management attention immediately following check-in.
2 - Following a final inspection and assessment after check-out, the Guest agrees Glencar is permitted to charge the Guest’s credit card for any Fees, in accordance with the Schedule of Costs and at Glencars sole discretion upon determination.
PRIVACY
We agree to comply with the Privacy Policy, the Privacy Act 1988 (Cth) and all other applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use, and disclosure of information about identifiable individuals (Personal Information) held by or on behalf of the Guest to the extent that they are legally obligated to comply with these laws.
ASSUMPTION OF RISK
You agree to be responsible for any damage to the Property or equipment which you may cause due to negligence.
You hereby waive and release, indemnify, hold harmless and forever discharge Glencar and its agents, employees, officers, directors, affiliates, successors and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that you ever had or may have, arising from or in any way related to your usage of and/or stay in the Glencar properties, or any activities that you may have partaken in on the premises of Glencar, provided that this waive of liability does not apply to any acts of gross negligence, intentional or wilful misconduct.
You assume any risk, and take full responsibility and waive of personal injury; death, damage, or loss of personal Property, associated with Glencar, including but not limited to using the property in any manner, form or fashion, and participating and/or engaging in any activities on and off the premises.
LIMITATION OF LIABILITY
1 - Total Liability
To the fullest extent permitted by law (and to the extent permitted under Australian consumer law), the total liability of Glencar under or in connection with this Agreement in respect of all Claims (if any) is limited to the Fees paid or payable for the Booking and in any event, will never exceed the available proceeds of the professional indemnity and/or public liability insurance coverage of Glencar (as varied from time to time) or the Fees paid to Glencar by the Guest, whichever is the lesser amount.
2 - Consequential Loss
In no case shall The Ridge, its officers, employees, affiliates, agents, contractors, or licensors be liable for any Consequential Loss arising from the Guest’s use of, or reliance on the Services, the Website and/or content or information provided in the Property or in information brochures in the Property including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
3 - Australian Consumer Law
Further, nothing in this Agreement is intended to limit any Australian consumer law guarantees or warranties that may apply to the Services and that cannot be excluded.