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General Terms and Conditions

­WE ARE HARBER PROPERTY – WANDARRA HOMESTEAD

1. General

1.1. These terms and conditions constitute a legally binding agreement made between you and We Are Harber Property

ABN 88 719 892 505, trading as Wandarra Homestead, (“Wandarra”, “we”, “us” or “our”) in respect of a booking made by you.

1.2. By accessing the Wandarra website and/or making an accommodation booking, you agree that you have read, understand and agree to be bound by the Terms and Conditions contained herein.

1.3. Wandarra may modify or supplement these Terms and Conditions at any time at its sole discretion. In such event, Wandarra will send you via email the updated Terms and Conditions and such updated Terms and Conditions will take effect immediately after such notice is given to you.

1.4. These terms and conditions are governed by the laws of New South Wales and in the case of any dispute between you and Wandarra, the parties must submit to the jurisdiction of the courts of New South Wales.

2. Booking conditions and information

2.1. All reservation requests are subject to confirmation.

2.2. All guests must abide by the NSW Short Term Rental Code of Conduct. a copy of which can be found at: https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0012/925788/Code-of-Conduct-for-the-Short-term-Rental-Accommodation-Industry.pdf

Length of stay

2.3. The minimum stay requirements are as follows:

Any period other than Peak Periods: 2 nights

Long weekends (where either the Friday or Monday is a public holiday in NSW): 3 nights

Easter weekend (where Easter does not fall within NSW school holidays): 4 nights

NSW School Holidays: 5 week nights

Check-in/out

2.4. Check-in is not available on Sundays and check-out is not available on Saturdays.

2.5. Check-in time is 2pm. Check-out time is 10am on weekdays and 5pm on Sundays.

2.6. Check-in details will be provided approximately 48 hours prior to check-in, provided that we have received payment in full for the booking.

2.7 The Property is professionally cleaned (including change of linen) between bookings. 

 

Groups

2.8. A maximum of nine guests may stay at the Property.

2.9. For any booking, the number of guests specified in the booking is the maximum number of guests that may stay at the Property during the booking period. Only the guests nominated and agreed to in the booking may stay in the Property.

2.10. The person renting the Property must be at least 21 years of age and must be one of the persons staying at the Property over the course of the entire booking period. Guests under 21 years of age are welcome but must be accompanied by a parent or guardian.

2.11. Strictly no parties, weddings or gatherings are to be held at the Property (whether indoors or outdoors) and no schoolies bookings. Breach of this term will result in immediate termination and eviction without refund and extra charges for security, cleaning, garbage removal, wear and tear, repairs etc. All costs relating to the termination and eviction (including, without limitation, legal costs on a full indemnity basis) will be borne by you in addition to a $1,000 penalty.

2.12. The number of guests is subject to any relevant COVID or other regulations (whether state or federal) in force in NSW at the time of the stay.

 

Children

2.13. Children are welcome at the Property if accompanied by a parent or guardian also staying at the Property for the entire duration of the stay.

2.14. Children under the age of 12 must always be supervised, particularly around the fireplace or fire pit when in use, when outdoors on the Property, on the veranda, near fencing, dams, pumps, water tanks or cleaning chemicals. In particular be aware that there is an unfenced dam on the Property, and an underground bar which is kept locked and only made available upon request with consent. Children under the age of 12 must always be supervised around the bar or when the bar is unlocked. 

Dogs

2.15. Dogs are welcome at the Property upon request. If you do not inform us of the breed and number of dogs prior to checking in, we may charge a penalty of $1,000. No other animals or pets are permitted on the Property. 

2.16. Dogs must always be supervised, particularly when outdoors on the Property, on the veranda, near fencing, dams, pumps, water tanks or cleaning chemicals. 

2.17. If your Dog causes any damage to the property Wandarra will charge you for the repair of the damage or replacement of the damaged items in accordance with Section 3 below.

 

Noise and Disturbance

2.18. Disturbance to neighbours, including excessive noise, music, unruly behaviour, barking dogs or any behaviour that is disrespectful of or disruptive to neighbours, traffic flow or the community, or which prompts complaints from any part, is prohibited and may result in immediate eviction and/or a fine of $1000. If a noise complaint is received, a warning will be given. If a second complaint is received this will result in immediate eviction without refund.

3. Guest responsibilities, warnings, prohibitions and additional charges

3.1. You are responsible for any damage, breakages, theft and loss of the Property and any part of it or its contents during the stay. You must notify us of any such loss or damage immediately. Repair or replacement costs (including, without limitation, costs of the items and any call-out fees, labour, delivery or other costs incurred in repairing or replacing items) will be charged to your credit card.

3.2. If you encounter any issue before, during or after the stay you must contact our team immediately so that we can attempt to rectify the issue promptly. Should you not contact us immediately in relation to any issue, we are not responsible for any inconvenience caused to you by the relevant issue.

3.3. Before departure, you must remove all food from fridges, place all rubbish in the appropriate rubbish bins provided, clean the BBQ if used during your stay, and either load and turn on the dishwasher or wash and put away all crockery, cutlery and other kitchen items used throughout the stay. The Property must be left in a clean and tidy condition. You will incur extra cleaning charges (over and above the standard cleaning fee charged at the time you book the Property) for the removal of excessive rubbish, emptying the fridge, cleaning of the BBQ or for any cleaning of carpets, furniture or other fixtures and fittings required as a result of spillages and the like during your stay.  

3.4. All furniture and furnishings must be left in the position they were in when you arrive or a fee will apply for us to move the furniture and will be charged to your credit card.

3.5. You are responsible for the safekeeping and replacement of accommodation keys. If you lose a key during your stay, all replacement costs including callout fees and, where deemed appropriate in our sole discretion, cost of replacement of locks, will be charged to your credit card.

3.6. If you consume items from the minibar and do not pay via the payment process provided on site at the Property, the cost of the missing items will be charged to your credit card.

3.7. When leaving the Property, you must ensure that you turn off all lights, heaters, air conditioners and other electrical appliances, and that you lock all doors and windows. If you fail to do so, and any damage to the Property is sustained, or any items are stolen from the Property as a result, we may charge your credit card for the cost of repairing such damage or replacing such items. 

3.8. Late departure without our prior written consent will incur a charge to your credit card of 50% of the nightly rate on the day of departure.

3.9. Smoking is not permitted anywhere on the Property, whether indoors or outside. If evidence of smoking on the Property is detected, you will be charged for steam-cleaning of carpets and furniture, laundering of all soft furnishings and linens, plus replacement of linen and/or any other items which may (in our assessment and at our sole discretion) have been damaged or affected by your smoking, You will also be charged for the full amount of any bookings for subsequent guests that have to be cancelled as a result, and you may also be liable for fines for breaching laws relating to fire hazards/prohibitions.

3.10. The Property is not to be used for any commercial purposes without prior express written consent from us, including but not limited to photo/video shoots and personal or brand promotions of any kind.

3.11. Fireplaces and firepit are only permitted to be operated by adults over the age of 18, must be operated in accordance with any instructions at the Property, any current fire restrictions or regulations in place at the time of your stay, or any instructions given by us to you, and are operated at your own risk. You will be liable for any damage caused by you through incorrect or non-permitted use of the fireplaces and firepits and your credit card will be charged for the costs of any repairs or other works required in connection with such misuse.

3.12. Should you engage the services of any third party during your stay such as a caterer, massage therapist etc, it is your responsibility to ensure that they adhere to these terms and conditions and hold appropriate public liability insurance. We will not take any responsibility for any issues arising where a third party has been involved and you will be liable for any damage or loss caused by such third party engaged by you or any guest during your stay.

3.13. Under no circumstances are the following activities permitted on the Property: motorbikes, quad bikes, use of firearms, air rifles, fireworks or any fire related activities other than those that are fixtures at the Property, any unlawful activity, any use of illegal substances. A $1000 fine plus costs to remediate will be payable if a guest or visitor to the Property is in breach of this term during your stay.

3.14. You acknowledge that there is wildlife on the Property, including potentially venomous spiders and snakes, and we are in no respect liable to you or responsible for any injury or other damage or loss caused to you by the natural and surrounding habitat.

3.15. You agree that we, or any agent or service provider engaged by us, may enter the Property at any time, to protect and/or undertake maintenance of the Property. Whilst we endeavour to give you notice of our intended attendance at the Property where possible, we may enter without notice for such purposes, without any liability to you.

 

4. Payment

4.1 A deposit of 50% of the total (including any service fees, merchant fees and GST payable) is required to be paid within 48 hours of you making your booking to secure your reservation;

4.2. The balance must be paid to us at least 60 days prior to check in for bookings, part of all of which are during a Peak Period, or at least 30 days prior to your check-in date for all other bookings, or your booking will be cancelled and you will not be entitled to any refund of any amount already paid.

4.3. Check-in details will not be provided until payment has been received in full.

4.4. All payments must be made via our online booking system using a credit card or any other payment method specified by the online booking system at the time of booking. 

4.5. Credit card details supplied are held on file (encrypted via the relevant payment platform) as a security bond when a booking is made and your card will be charged for items, repairs, fines or other costs associated with breaches by you of these terms and conditions, as set out in these terms and conditions.

 

5. Cancellation, changes to booking and refunds

Cancellation or rescheduling by you

5.1. Cancellations of bookings part or all which are during a Peak Period made more than 60 days prior to your check-in date will forfeit the 50% deposit paid at the time of booking. Cancellations of all other bookings made more than 30 days prior to your check-in date will forfeit the 50% deposit paid at the time of booking.

5.2. Cancellation of bookings part or all of which are during a Peak Period made 60 days or less prior to your check-in date will forfeit 100% of the total booking price. Cancellations of all other bookings made 30 days or less prior to your check-in date will forfeit 100% of the total booking price.

5.3. A variation in the booking which reduces the number of nights stayed will be treated as a cancellation of the booking in respect of the number of nights by which the original booking is being reduced, or if the variation results in a breach of our minimum night’s stay policy, it will be treated as a cancellation of the entire booking and no refund will be issued in relation to any or all of the booking.

5.4. You may reschedule your booking without cancellation penalties if you finalise the reschedule 90 days or more prior to your original check-in date and the new check-in date is within 12 months of the original check in date. A $100 administration fee will be charged to your credit card for such a reschedule.

5.5. The booking price is for the agreed number of guests detailed on our confirmation email. If there is a change or discrepancy, you must contact us to make changes and ensure that changes are documented. Addition of guests may result in extra charges.

5.6. No refunds are provided for late arrivals, early departures or unused days of your reservation.

5.7. Cancellation due to non-payment by you of any amounts due in relation to the booking will result in the loss of all monies paid by you.

5.8. For COVID/pandemic related cancellations – all bookings are subject to the standard cancellation and reschedule policy outline above unless government enforced restrictions are in place for the specific travel period which prevent you from coming to the Property. In these circumstances you will have the opportunity to reschedule your booking for another date within 12 months of your original check-in date.

Cancellation by Wandarra

5.9. In the unlikely circumstance that Wandarra must cancel your booking due to unforeseen circumstances, you will be given a full refund within 48 hours of cancellation.

5.10. Wandarra is not responsible for any expenses incurred by you in preparation for any cancelled booking (including but not limited to travel expenses for booked transport, loss of work or any other costs).

6. Guest reviews and Social Media

6.1. We encourage guests to tag @wandarra_homestead when posting during their stay at the Property, and unless you expressly object, we may tag you in some of our posts on matters of interest or repost your images on our accounts.

6.2. If, upon our request, you provide us with images of you or others taken during your stay at the Property, unless you expressly object, you agree to us using the images for our marketing or promotional purposes and release and hold us harmless in relation to such use.

6.3. In the event you experience any issues or problems during your stay, you agree to give us reasonable time and opportunity to rectify the situation prior to you leaving any negative reviews or comments about us or the Property in the public domain (including on your or others’ social media accounts or pages).

6.4. You acknowledge that testimonials we have received from other guests are indicative of that guest’s experience and may not necessarily be typical. You agree that these are not a guarantee of the experience you will have at the Property although we do our best to ensure that every guest is satisfied.

7. Disclaimer and Liability

 

WiFi and mobile phone coverage

7.1. Whilst WiFi is included with your booking, we are not responsible or in any way liable to you for any network outages or limitations in the availability of internet or mobile coverage at the Property and do not guarantee availability of either. Being a rural Property, you acknowledge that coverage may be patchy or frequently unavailable and we suggest you have a backup option for data and mobile.

 

Guest property

7.2. Guests are solely responsible for their belongings whilst staying at the Property and are required to take the usual steps to prevent any loss including locking premises and vehicles when not attended. If personal property is left behind, it is the guest’s responsibility to have it returned with the guest to bear any costs associated with returning the item(s) by providing us with payment prior to us sending the item(s) or by collecting the item from us, provided however that we will not return any tablet/phone or other device chargers left at the property. Guests wishing to reclaim chargers must pick these up in person. We reserve the right to charge a $25 fee to collect lost property. If not claimed within 30 days of your booking end date, unclaimed items will be disposed of.

 

Exclusions and limitations of liability

7.3. We accept bookings in good faith however we are in no way responsible or liable to you for circumstances beyond our control with result in your booking needing to be cancelled or rescheduled.

7.4. Wandarra does not accept liability for any injury, damage, loss, additional expenses and/or disruptions caused to you, your dogs or your property directly or indirectly by events which are beyond our control (including, but not limited to, natural disasters, flooding, weather events, road closures, guest illness or misadventure).

7.5. Wandarra does not accept liability or loss caused by failure of equipment or services out of our control, including but not limited to water, electricity, gas and internet. In the event of a failure, you must notify us. Any problems that arise during the rental period that do not constitute an emergency as determined by us will be remedied at any time during or after the rental period, at our sole discretion. No refund, compensation or guarantees are given.

7.6. To the maximum extent permitted by law, Wandarra excludes all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the Property or your stay at the Property, our services and these terms and conditions. To the maximum extent permitted by law, in no case shall we or any of our agents be liable for any indirect, incidental, consequential, special or exemplary damages or for any damages for death, personal or bodily injury, emotional distress or damage to Property, arising out of or in connection with your stay. This limitation applies to all claims for damages including negligence.

8. Confidentiality and privacy

8.1. Any personal information of yours that is collected by us is handled appropriately, with proper regard to personal privacy and data security. We will not release your details, including address, email address, or credit card details, to any other party, unless necessary in order to provide the services or unless required by law. We are required to share your data with services providers such as third party payment platforms, smartkey service providers, tradespeople and any other person or company necessarily engaged by us to allow your booking to proceed.

 

9. Intellectual Property and our Website

9.1. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on our website and all content (including any applications) located on the site shall remain our sole property.

9.2. You must not:

  1. Republish, reproduce, duplicate, copy or otherwise exploit material from our website without our prior written consent except for your own personal, non-commercial use;

  2. Redistribute any content from our website, including onto another website;

  3. Use the content on our website for any marketing related purpose without our express written consent.

9.3. We endeavour to ensure that all content on our website is correct. To the extent permitted by applicable law, we disclaim all representations and warranties, whether express or implied, with respect to the website and any material on it, including but not limited to any implied warranties of merchantability or fitness for any particular purpose. in no event will be liable for indirect, special, incidental or consequential loss or damage which may arise in respect of the website or its use.

 

10. Definitions and Interpretation

10.1. Definitions

  1. Cancel” or “Cancellation” means a request for you not to attend your scheduled booking, or to postpone/reschedule your booking.

  2. Peak Period” means NSW school holidays, the Easter weekend (Good Friday until Easter Monday inclusive) and any NSW long weekend . (being any weekend in NSW where either the Friday and/or Monday is a public holiday)

  3. Wandarra”. “We”, “Our” or “Us” refers to without our prior written consent.

  4. Property” means the house and surrounding buildings and land known as Wandarra Homestead, at 2666 Lue Rd, Lue NSW 2850.

  5. You” means the person booking the property or accessing our website for a potential booking, or any other guest staying with you at the Property.

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