Terms and Conditions

FOR YOUR USE OF OUR WEBSITE AND STAY IN A HIDDEN CABIN

Last updated on 1 July 2021

Welcome to Hidden Cabins!

In these terms, by “Hidden Cabins” we mean Hidden Cabins Pty Ltd ABN 16 635 631 159. We also refer to Hidden Cabins as “our”, “we, or “us”. 

And you are you!

What are these terms about?

These terms apply when you use this website, HiddenCabins.com.au (Website), including if you use it to book a stay at one of our cabins.

How do I read these terms?

We separated these terms into four parts, so they are easy to read and understand. Those parts are: 

    • PART A: Terms for when you book a Stay
    • PART B: The Risk Waiver, regarding the risks of your Stay
    • PART C: General liability, disclaimers and warranties, and interpretation provisions
    • PART D: Terms for when you browse this Website

Please let us know if you have any questions about these terms, and don’t book a Stay unless you have read and agree to these terms.

I’ve returned to your Website, do I need read these terms again?

Once you place a Booking (defined in clause 1(a)), these terms will apply to your Stay. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or go to finalise your booking. You can check the date at the top of this page to see when we last updated these terms.

PART A: TERMS FOR WHEN YOU BOOK A STAY

  1. By submitting a booking for a Stay using our Website (Booking) you agree and warrant that:
    1. you have the legal capacity and are over the age of 18; and
    2. you are authorised to use the debit or credit card you provide with your Booking.
  2. Hidden Cabins will provide you with access to:
    1. the cabin set out in your Booking (Cabin);
    2. the other items set out in your Booking (Infrastructure); and
    3. the area of land surrounding the Cabin, as set out in your Booking (Land),
  3. in accordance with the dates and times in your Booking (together, your “Stay”). The Infrastructure includes the Cabin.
  4. Submitting a Booking constitutes your intention and offer to enter into these terms, where we will provide you with the Stay in exchange for your payment of the total amount listed in your Booking upon checkout (Fees).
  5. These terms become binding between you and Hidden Cabins when we approve your payment and you receive an email from us confirming that your Booking is being processed.
  1. These terms and your Booking form a contract between you and us, subject to clause 1.
  2. In your Booking you agree to inform us how many other people will accompany you during your Stay (Guests).
  3. You agree to ensure that:
    1. the Guests are informed of the contents of these terms and that they comply with them; and
    2. the number of people at the Cabin never exceeds the number of Guests in your Booking.
  4. In accordance with clause 19.5, you may not assign this contract, or your Stay, to any other person without our prior written consent.
  5. If we consent to you transferring your Stay to another person, this consent may be subject to certain conditions, including:
    1. us requiring that person to agree to these terms; and
    2. holding your credit card on file in accordance with clause 6.2, as if you were the person completing the Stay, and charging to your credit card any amounts owed to us by the person who replaces you.

3.1 TERM
The period of your Stay will be the time between the check-in time (on the check-in date) and the check-out time (on the check-out date) as set out in your Booking (Stay Period).

3.2 LICENCE
Licence

  1. Hidden Cabins grants you, for the Stay Period a non-exclusive licence to enter, use and occupy the Cabin and the area surrounding it (as specified in the map included in your Booking) (Cabin Area), and including a right to stay in the Cabin for the number of nights specified in your Booking.
  2. You agree not to:
    1. access any part of the Land that isn’t the Cabin Area; or
    2. stay overnight in any area on the Land other than inside the Cabin.

    Acknowledgement

  3. You acknowledge and agree that legal possession and control remains at all times with the owner of the Land, who has licensed parts of the Land to us, (Owner) and this licence does not operate as a demise or constitute any contract of tenancy.

4.1 PRE-STAY

Information and documentation

  1. You agree to provide us with all documentation, information and assistance we reasonably require, including any such information required to verify your identity.

    Pre-arrival Instructions

  2. We will provide you with instructions and information regarding your Stay (usually provided at least 48 hours before the beginning of your Stay) (Pre-Arrival Instructions).
  3. We will also leave a ‘Handbook’ at the Cabin for you at the beginning of your Stay Period.
  4. You warrant that you:
    1. will read the Pre-Arrival Instructions, Field Guide, and any other information, rules, directions or policies that are sent to you before or during the Stay Period; and
    2. will ensure that all Guests will:
      1. also read the Pre-Arrival Instructions and Handbook; and
      2. comply with the Pre-Arrival Instructions and Handbook.

       

      4.2 ARRIVAL AT THE CABIN

      1. You agree to follow the supplied route to the Cabin and to park your vehicle(s) in the designated area (set out in the Pre-Arrival Instructions).
      2. During wet weather, you agree to park your vehicle(s) in the designated wet weather parking area (as specified in the Pre-Arrival Instructions).
      3. You understand and agree that is you fail to comply with clause 4.2(a) or (b), this may result in damage to your vehicle, the Cabin or the Land, and you will be responsible for any such loss or damage.

5.1 OBLIGATIONS

You agree to, throughout the Stay Period:

  1. comply with the Pre-Arrival Instructions, any rules and regulations of the Land (as notified to you), and all applicable laws, rules and regulations;
  2. act respectfully towards the Land and the Owner;
  3. take all reasonable steps to ensure that the Owner, and any neighbouring properties, are not disturbed;
  4. close all gates behind you after you use them;
  5. remain in the Cabin Area, and not access any other part of the Land;
  6. comply with the Pre-Arrival Instructions as they relate to the compost toilet (breach of this clause may result in a charge for the facilities to be repaired);
  7. respect local wildlife, and not approach any animals on the Land; and
  8. only use the Infrastructure in a proper and skilful manner.

5.2 PROHIBITIONS

You agree not to, during the Stay Period:

  1. smoke inside the Cabin, or within 10 metres of the Cabin;
  2. litter on the Land;
  3. host a party, or invite people to the Cabin in excess of the approved number of Guests;
  4. engage in any illegal, unruly, disruptive or disruptive behaviour;
  5. install any other items in or carry out works to the Cabin Area, or make any material change to the area;
  6. do anything on the Land which creates an unreasonable amount of noise, or other disturbance to the Owner. For the purposes of this clause, any noise that is audible to the Owner between the hours of 10pm – 8am will be considered unreasonable;
  7. do anything on the Land which, in our reasonable opinion, may become a nuisance, disturbance, obstruction, or cause damage, either to us, the Owner, owners or occupants of neighbouring land, or to any other person; or
  8. breach any applicable laws, rules or regulations, including any decision or recommendation of a government authority in relation to COVID-19 (including recommendations in relation to social distancing).

5.3 INFRASTRUCTURE PROHIBITIONS

You agree not to, during the Stay Period:

  1. use any part of Infrastructure:
    1. for any purpose other than its intended purpose; or
    2. other than in accordance with the Pre-Arrival Instructions or Handbook;
  2. move, make alterations to, affix anything to, or install any accessories in relation to the Infrastructure;
  3. use the Infrastructure for any dangerous or illegal purpose;
  4. use or allow any part of the Infrastructure to be used while the operator is under the influence of alcohol or drugs;
  5. use the Infrastructure when it is damaged or unsafe; or
  6. sub-hire the Infrastructure.

5.4 FIRE

You agree not to, during the Stay Period:

  1. start any fire other than a campfire (and a campfire is only permitted if this is stated in your Booking);
  2. start any campfire if:
    1. we have instructed you not to;
    2. there is any fire ban in place applicable to the Land; or
    3. the Fire Danger Rating is very high, severe, extreme or catastrophic;
  3. start any campfire outside the designated campfire area (as specified in the Pre-Arrival Instructions and Handbook);
  4. dispose of rubbish in a campfire; or
  5. leave any fire unattended, or improperly extinguished.

5.5 PERSONAL PROPERTY

Hidden Cabins will not be liable to any person for any loss of, or damage to, personal property that:

  1. is left in the Cabin or the Cabin Area after the Stay Period;
  2. stolen from the Cabin or the Cabin Area during the Stay Period; or
  3. otherwise lost during the Stay Period.

5.6 UPON CHECK-OUT

  1. At the end of your Stay, you agree to:
    1. follow all the check-out instructions set out in the Handbook;
    2. make good the Cabin Area by ensuring it is in the same condition as it was in at the start of the Stay Period (fair wear and tear excepted);
    3. take all your rubbish with you; and
    4. make sure you don’t take any items from the Cabin or the Land that don’t belong to you.
  2. If you fail to comply with any of clause 5.6(a), we reserve the right to charge you a referable fee for cleaning the Cabin, or replacement of any item.
  3. You agree to notify us if any damage is caused to the Cabin or the Land during your Stay.

5.7 PETS

  1. You agree not to bring any animals onto the Land, unless otherwise set out in the Booking.
  2. If pets are permitted in your Booking, then:
    1. no more than two (2) pets may be brought onto the Land;
    2. no pets other than dogs may be brought onto the Land, without specific prior written consent from us;
    3. if you bring pets to the Land, an additional cleaning fee will be charged in respect of your Stay, in an amount specified by us from time to time;
    4. you agree to ensure that pets do not climb onto any furniture or bedding within the Cabin;
    5. pets must be kept on a leash at all times, and within the area designated in the Pre-Arrival Instructions;
    6. you agree to ensure that pets are supervised at all times during the Stay Period;
    7. you agree to clean up after your pet, and dispose of its waste;
    8. you warrant that your pet has all necessary vaccinations and flu treatments; and
    9. you agree to ensure that pets are not washed near the Cabin.
  3. You agree that you are responsible for your pet’s safety during your Stay, and that the risks set out in Part 2 of these terms also apply to your pets. You release us from any and all liability that may arise in connection with your pets during the Stay Period, including in relation to any injury to your pet, or any damage or injury caused or contributed to by your pet.

6.1 FEES

  1. All prices on our Website are in Australian Dollars, and subject to change prior to you completing a Booking, without notice.
  2. Unless otherwise agreed in writing, you agree to pay the Fees at the time you place your Booking.

6.2 ADDITIONAL CHARGES, CREDIT CARD PRE-AUTHORISATION

  1. Using our current Payment Provider (defined in clause 6.4(c)), we reserve the right to take a credit card pre-authorisation at the time you pay Fees, and you agree to complete a credit card pre-authorisation form to effect this.
  2. In addition to any credit card pre-authorisation amount, you authorise us to:
    1. keep your credit card details on file, including by means of the Payment Provider; and
    2. use your credit card details to charge you for any amounts owed to us by you.
  3. We will be entitled to deduct amounts from your credit card towards satisfaction of any amounts payable by you in accordance with these terms, or towards satisfaction of any amount which may be payable for any breach of these terms, by you or another Guest.
  4. Additional amounts charged to you may include the following (Expenses):
    1. the costs of replacing any food or beverages in the Cabin which you take during your Stay;
    2. full costs of repairing or replacing the Cabin, the Infrastructure or other items that are lost or damaged by you or another Guest;
    3. all costs incurred by us in recovering possession of any lost Cabin or Infrastructure;
    4. excess cleaning or repair costs for the Cabin if you or another Guest do not comply with clause 5.6;
    5. costs incurred in relation to the number of Guests exceeding the number permitted;
    6. costs of repairing toilet facilities if you or a Guest do not comply with clause 5.1(f); and
    7. any expenses and legal costs (including commission payable to a commercial agent) incurred by us in enforcing these terms due to your default.
  5. Us deducting any amount from your credit card will not be deemed to be a waiver of any right, or release in relation to any breach by you.

6.3 INVOICES

  1. We may issue an invoice to you for payment of any Expenses after the Stay Period.
  2. If we issue an invoice under clause 6.3(a), you agree to pay the amounts specified in such invoice, before the due dates set out in the invoice.

6.4 OTHER PAYMENT TERMS

  1. (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you agree to pay the GST subject to us providing a tax invoice.
  2. (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, or American Express).
  3. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments, including Stripe.com. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. Stripe’s terms and conditions are available here: https://stripe.com/au/legal
  4. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Booking was made, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Booking at the correct price, or cancelling your Booking. If you choose to cancel your Booking and payment has already been debited, the full amount will be credited back to your original method of payment.

6.5 GIFT CARDS
We may issue gift cards for use in our Website. Gift cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you. Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else.

7.1 CANCELLATION BY US

  1. We reserve the right to cancel your Booking for any reason and will notify you of this as soon as possible.
  2. If we cancel your Booking before the beginning of the Stay Period, we will try to reschedule with you and find an appropriate replacement date.
  3. If we’re not able to reschedule with you, and if payment has already been debited, the full amount will be credited back to your original method of payment.

7.2 CANCELLATION BY YOU

  1. You may cancel your Booking up to the time that we confirm your Booking in accordance with clause 1(e). Once we confirm your Booking, your Booking is binding and cannot be changed by you, other than in accordance with our refund process in clause 7.3 (if applicable), or clause 7.2(b).
  2. You must make all requests to change or cancel your Booking via email to us.
  3. If you cancel a Booking on a date:
    1. more than 14 days before your check-in date, we will provide you with a full refund of any Fees paid by you (less any payment processing fees incurred by us), if requested;
    2. less than 14 days prior to the check-in date, but more than 7 days prior to the check-in date, we will provide you with a refund of 50% of the Fees paid (with the remaining 50% being retained by us as a cancellation fee); and
    3. less than 7 days prior to the check-in date, you will not be entitled to any refund, unless your Stay is not of an acceptable quality in accordance with the ACL.

7.3 REFUNDS

  1. We do not offer refunds for no-shows, change of mind, or if you or any Guest does not stay in the Cabin for the entire Stay Period.
  2. We provide no guarantees regarding the location of the Cabin on the Land. The Cabin may be moved from time to time on the Land (but not during your Stay Period).
  3. We will provide a full refund of the Fees paid for your Stay if we determine that:
    1. your Cabin was not substantially the same as what you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
    2. your Stay was not of an acceptable quality, in accordance with clause 7.3(d).
  4. (Unacceptable quality) The following process applies if you believe your Stay is not of an acceptable quality.
    1. If you believe your Stay is not of an acceptable quality, please contact us using the details provided on our Website with a full description of the problem (including images).
    2. If we determine that your Stay may be of an unacceptable quality, we reserve the right to further inspection.
    3. If we determine in our reasonable opinion that your Stay is of an acceptable quality, or the problem with your Stay (for example, the Cabin) is of an unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or the Pre-Arrival Instructions, or failure to take reasonable care, we will refuse your claim and you will not be refunded any Fees.
    4. If we determine that your Stay is of an unacceptable quality, you will be credited the full amount paid and you may request a refund. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
    5. If we determine that your Stay is of an unacceptable quality, but you failed to comply with the provisions of this clause 7.3, we may, in our absolute discretion, issue only a partial refund or no refund in respect of your Stay.
    6. Nothing in this clause 7.3 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

  1. We may do any of the following:
    1. outsource any part of performing any services related to your Stay; or
    2. procure materials and products from third party suppliers,

    without further notice to or permission from you.

  2. To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Booking, or are negligent in providing services or products.
  3. If your Stay, or any other product or service we provide to you, requires us to acquire goods and services supplied by a third party, those goods or services may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.
  4. You agree to any Third Party Terms applicable to any goods and services supplied by a third party that you or us acquires as part of your Stay and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

PART B: RISK WAIVER

  1. You acknowledge and agree that:
    1. you have requested to stay at the Cabin, explore the Land, and to participate in physical and recreational activities on the Land, including the activities set out in clause 9(b) (Activities);
    2. the Activities can be dangerous;
    3. you take part in the Activities at your own risk;
    4. the activities involve the risks set out in clause 10 (Risks);
    5. the Activities may expose you to Risks, including accidents, injury, illness or even death;
    6. the Activities may also expose your pets to similar risks (if pets are permitted as part of your Stay); and
    7. any Risks inherent in the Activities will be exacerbated if you consume alcohol (or any other drug) during the Activities.
  2. The Activities you participate in during your Stay will depend on the use you make of the Land, and agree to be in accordance with these terms, and they may include:
    1. constructing, lighting and maintaining a campfire (if permitted);
    2. hiking on the Land, which is most often rural land;
    3. swimming (if there is a body of water on the Land that you’re allowed access to);
    4. exploring bushland on the Land;
    5. interacting with animals on the Land (without approaching them), including animals owned by the Owner, and wild animals; and
    6. exploring different terrain on the Land, including uneven terrain (including gravel) and steep terrain.
  1. You assume all risk of injuries associated with participation in the Activities, including but not limited to:
    1. falls, tripping or slipping;
    2. unfenced dams or water bodies;
    3. electric fences;
    4. exhaustion;
    5. bites (including snake and spider bites);
    6. drowning (if the Activities include swimming);
    7. negative skin reactions to any flora or fauna;
    8. risks inherent in hiking on difficult terrain;
    9. falling objects (including rocks and branches);

You warrant and represent that you have no injuries, physical restrictions, disabilities or predispositions to sickness or injury (Conditions) that may affect your participation in the Activities that you choose to partake in during your Stay, or that if you are aware of such Conditions, you participate in any such Activities entirely at your own risk.

You warrant that you will:
  1. Review all Pre-Arrival Instructions provided to you by us before or during the Activities;
  2. comply with the Pre-Arrival Instructions;
  3. comply with any safety guidelines, instructions and/or rules, and reasonable directions we provide to you; and
  4. stop participating in any Activities if you have any concerns about your health or safety or if you start feeling dizzy, faint, unwell or feel any unusual pain or other feeling during the Activities.
  1. You release us and our directors, officers, employees, contractors, Owner and any other person involved in your participation in the Activities (Releasees) from any demand, claim, or other proceeding in relation to any injury or death or loss or damage to personal property (including vehicles) in connection with your participation in the Activities, whether or not caused by the negligence of a Releasee.
  2. You agree to indemnify each Releasee in relation to any demand, claim or proceeding that may be brought by a third party in connection with your participation in the Activities, where circumstances giving rise to such a demand, claim, or proceeding were caused or contributed to by you or your breach of these terms.

You agree that should any part of these terms be found by a court of law to be against public policy or in violation of any law, then only that wording will be removed and the remainder of these terms and this waiver will remain in full force.

PART C: LIABILITY AND OTHER LEGAL TERMS

15.1 LIABILITY

To the maximum extent permitted by law, our liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with our Website, your Stay or these terms:

  1. is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)); and
  2. is limited, insofar as it concerns other liability, to the total money paid to us in connection with these terms as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).

15.2 WARRANTIES

  1. To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in these terms are excluded.
  2. Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

15.3 INDEMNITIES

You agree at all times to indemnify and hold harmless Hidden Cabins, and its officers, employees and agents, and the relevant Owner of the Land (“those indemnified“) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by you, your officers’, employees’ or agents’, or any other Guests’:

  1. breach of any of these terms;
  2. use of the Website;
  3. use of the Cabin, Infrastructure or the Land;
  4. acts or omissions during your Stay; or
  5. negligent, fraudulent or criminal act or omission.
  1. If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
    1. reasonable details of the Force Majeure Event; and
    2. so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
  2. Subject to compliance with clause 16(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
  3. The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
  4. For the purposes of this agreement, a ‘Force Majeure Event’ means any:
    1. act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
    2. strikes or other industrial action outside of the control of the Affected Party;
    3. war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
    4. any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.

17.1 TERMINATION RIGHTS

  1. Notwithstanding any other clause in these terms, we may terminate your Booking immediately, and retake possession of the Cabin, the Infrastructure and the Land, if we reasonably suspect that:
    1. damage to the Cabin, the Infrastructure or the Land or injury to any person in connection with your Stay is reasonably likely; or
    2. the Cabin, the Infrastructure or the Land may be used for an unlawful purpose.
  2. Either party (Non-Defaulting Party) may terminate your Booking immediately by written notice to the other party (Defaulting Party) if the Defaulting Party:
    1. is in breach of these terms and either:
      1. fails to remedy such breach within a reasonable time of receiving notice from the Non-Defaulting Party requiring it to remedy such breach; or
      2. that breach is not capable of remedy; or
    2. ceases, suspends or threatens to cease or suspend to conduct its business; or
    3. becomes subject to any form of insolvency or bankruptcy administration.

17.2 ACCRUED RIGHTS AND LIABILITIES
The expiration or termination of this agreement will not prejudice any accrued rights or liabilities of either party, nor excuse either party from a breach of this agreement occurring prior to expiration or termination of this agreement.

17.3 CONSEQUENCES OF EXPIRATION OR TERMINATION
Upon your check-out or earlier termination of this agreement:

  1. you agree to pay any amounts owed to us as at the date of termination;
  2. if termination occurs during the Stay Period, you agree to immediately vacate the Land, and ensure all Guests also vacate the Land; and
  3. you agree to return all property of ours back to us.

17.4 SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.

  1. A notice or other communication to a party under this agreement must be:
    1. in writing and in English; and
    2. delivered via:
      1. in the case of us giving you a notice, text message, to the mobile phone number you provide us in your Booking, or any other mobile phone number you provide to us; or
      2. email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
  2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
    1. 24 hours after the email was sent; or
    2. when replied to by the other party,

    whichever is earlier.

19.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Western Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

19.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

19.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

19.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

19.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

19.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

19.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

19.8 INTERPRETATION

  1. (singular and plural) words in the singular includes the plural (and vice versa);
  2. (gender) words indicating a gender includes the corresponding words of any other gender;
  3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  6. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
  7. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
  8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  9. (includes) the word “includes” and similar words in any form is not a word of limitation; and
  10. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

PART D: FOR WHEN YOU BROWSE THIS WEBSITE

You agree to only use the Website in accordance with these terms and any applicable laws, and agree to ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

You agree not to:

  1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express written consent of;
  2. use the Website for any purpose other than the purposes of browsing, selecting or making a booking;
  3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  5. use the Website with the assistance of any automated scripting tool or software;
  6. act in a way that may diminish or adversely impact the reputation of Hidden Cabins, including by linking to the Website on any other website; and
  7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    1. gaining unauthorised access to Website accounts or data;
    2. scanning, probing or testing the Website for security vulnerabilities;
    3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
    4. instigate or participate in a denial-of-service attack against the Website.
  1. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
    1. the Website will be free from errors or defects (or both, as the case may be);
    2. the Website will be accessible at all times;
    3. messages sent through the Website will be delivered promptly, or delivered at all;
    4. information you receive or supply through the Website will be secure or confidential; and
    5. any information provided through the Website is accurate or true.
  2. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
  1. We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserve all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
  2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You agree not to otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.
  3. In this clause 23, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
  1. You acknowledge and agrees that third party terms & conditions (Third Party Terms) may apply.
  2. You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
  1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
  2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.