Terms of Service

Accommodation Bookings Terms and Conditions & Website Terms and Conditions of Use made in respect of the properties located at 2707 Captains Flat Road, Primrose Valley NSW 2621.

1. Bookings and Payment

1.1 In order to secure your booking, a deposit equal to 50% of your stay is required with the remaining payment due twenty eight (28) days prior to arrival. We also require a refundable bond of $5,000. We reserve our right to cancel your booking if payment or bond is not received prior to check-in.

1.2 All rates are quoted in Australian dollars and are subject to change at any time. Any changes to rates made after booking confirmation will not affect your booking and any verbal quote given is an estimate only.

1.3 All payments must be made by bank transfer to our nominated bank account as per the invoice.

1.4 All prices are inclusive of GST.

2. Cancellations

2.1 Accommodation Cancellations to bookings must be made at least sixty (60) days prior to check-in date for refund of payments to date.

2.2 Bookings that are canceled between sixty (60) and fourteen (14) days prior to check-in date will forfeit 50% of the total accommodation cost.

2.3 Bookings that are canceled within fourteen (14) days of check-in date, or if you fail to check-in, are non-refundable.

2.4 Deposits for venue hire are non-refundable.

3. Check-in and Check-out

3.1 You are entitled to arrive and check-in to your booking between the hours of 2.00pm and 6.00pm on the date of check-in. Any arrival after 6.00pm may be organised subject to the prior consent from management.

3.2 You must check-out of your booking and vacate the premises by 10.00am on the date of check-out. Anydeparture after 10.00am may be organised subject to the prior consent from management. Additional fees may apply.

4. Number of Guests

4.1 The number of guests during your stay must not exceed the total number booked. Additional guests may be permitted on the Properties with the prior consent from management. We reserve our right to remove any persons exceeding the total number booked.

4.2 The number of guests allocated to the accommodation must not be exceeded. The accommodation only permits the number of guests booked to the property they are allocated in.

5. Security

Foxlow Pastoral reserves to right to hire their own security for all events booked at the Properties and grounds.

6. Parties

Parties are strictly prohibited at all times during your stay. All Properties are located within rural/residential areas and excessive noise and music are not permitted after 11:30pm. We reserve our right to evict guests found in breach of this policy.

7. Smoking

Smoking is strictly prohibited inside all Properties, and on any timber decking or balconies.

8. Pets

Pets are strictly prohibited at all Properties and grounds unless written permission has been provided.

9. Accommodation

9.1 For the duration of your stay, we will provide bed linens, towels and some toiletries.

9.2 You shall:

(a) not remove any bed linens, towels or toiletries from the Properties;

(b) not move any furniture or remove any items from the Properties;

(c) return the accommodation to the level of cleanliness to which it was initially occupied; and

(d) comply with all reasonable directions from management.

10. Swimming

The Molonglo river is an area to enjoy the views across the Great Dividing Range towards Tallaganda State Forest. We do not encourage swimming. If you do swim, you do so at your own risk.

11. Damage

11.1 Any damage to the property or damage to items within the property must be reported to management at the time of damage. After your booking, inspections are conducted to the Properties to identify evidence of damage or theft. We reserve our right to charge for any damage to the property or theft of property during your stay.It all begins with an idea. Maybe you want to launch a business. Maybe you want to turn a hobby into something more. Or maybe you have a creative project to share with the world. Whatever it is, the way you tell your story online can make all the difference.

11.2 If any damage to the property or theft of the property is identified after your stay, you will be notified of such damage in writing and we will issue an invoice addressed to you for repair or replacement costs. You must attend to payment of the invoice within fourteen (14) days from the date received.

12. Commercial Photography

12.1 Commercial photography is prohibited unless otherwise authorized in advance.

13. Limitation of Liability and Indemnity

13.1 To the full extent permitted by any applicable law, we:

(a) disclaim all representation or warranties, express implied, not expressly set out in these Terms and Conditions.

(b) make no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Properties, or any goods or services requested through the use of the Properties, or that any event using the Properties will be uninterrupted or error free.

13.2 We shall not be liable for any indirect, incidental, special, exemplary, equitable, punitive or consequential damages, including for lost profits, lost data, personal injury or property damage related to or in connection with or otherwise resulting from your use of, access to or inability to access or use the Properties, regardless of any negligence (either by act or omission) or day of or by us, agents, employees or representatives, even if we have been advised of the possibility of such damages.

13.3 You acknowledge and agree that we will not be liable to you for any claim, liability, loss, damages, costs or expenses, whether direct, indirect or consequential:

(a) for any delay in providing you with any service at the Properties;

(b) if we are unable to provide you or satisfy any request for use of the Properties, whether or not you have a booking.

13.4 You acknowledge and agree that you will indemnify us against any claims, liability, loss, damages, costs or expenses (including legal costs) in connection with the use of the Properties and/or as a result of or in connection with any breaches by you of these Terms and Conditions.

14. Termination

14.1 Upon notice from you of terminating these Terms and Conditions, we reserve the right absolutely to retain any payment made up to and including the date of receiving notice of termination.

14.2 We may terminate, in our absolute discretion, these Terms and Conditions with notice to you on occurrence of one of the following (each being a ‘Termination Event’):

(a) non-payment of any fee payable pursuant to clause 1 above on the date specified;

(b) conduct deemed to be unlawful or otherwise in breach of these Terms and Conditions.

14.3 Such notice of a Termination Event will take effect from the date specified in the notice, or, if no date is specified, to immediate effect on the date the notice is sent to you.

14.4 To the extent permitted by law, a Termination Event will render any payment already paid to us forfeited.

14.5 Commercial photography is prohibited unless otherwise authorised in advance.

15. Fire and Special Effects

Smoke machines, dry ice machines, candles, gas cylinders, explosive devices or any items with a naked flame are not permitted at Foxlow Pastoral. The hirer will take all reasonable precautions against any loss or damage by fire.

16. Weather Policy

In the event that Foxlow Pastoral experiences inclement weather that a booking may deems affects a ceremony, reception or an event, the Foxlow Pastoral unfortunately can not provide an alternative location for events to be held. In the event of continuous inclement weather on the day of the wedding ceremony, the supervising Venue Manager will make a decisions ten minutes before the wedding ceremony as to whether the ceremony can be moved inside the Barn. Please note that there is NO GUARANTEE that wedding ceremonies will be moved into the Barn in this instance. Should a hirer’s wedding ceremony be moved into the Barn due to this, it will be for the duration of the formal ceremony only. Wedding party and guests must leave the Barn immediately following the ceremony so that damage to the house are not inconvenienced.

17. Extreme Emergency

In the unlikely event that Foxlow Pastoral is closed because of an extreme emergency, Foxlow Pastoral reserves the right to cancel the event booking and will refund monies paid. We will provide as much notice of any cancellation as possible.

18. Catastrophic Fire Days

Foxlow Pastoral is rural and may be impacted by Extreme and Catastrophic Fire Days in the warmer months. In the event that your booking falls on a Extreme or Catastrophic Fire Day, every attempt will be made to keep the property open for the booked function and that every safety precaution is taken. Should it be deemed too dangerous to permit the booked function to proceed at the required time, Foxlow Pastoral will give as much notice of the cancellation as possible and alternative dates will be provided so the event can be rescheduled.

19. Social Media and Publicity Opportunities

We may be presented with publicity opportunities to promote events through our public relations and social media networks. We will ask you at time of confirmation if you are happy for us to include the fact we are hosting your event. Drones are not permitted on Foxlow Pastoral.

20. Acceptance of the Terms

By using, browsing and/or reading this document, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by FoxlowPastoral Pty Ltd in the user interface.

21. Copyright and Intellectual Property

You may not, without the prior written permission of Foxlow Pastoral Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

22. Privacy

Foxlow Pastoral Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or booking system are subject to Foxlow’s Privacy Policy, which is available on the Website.

23. Termination of Contract

You acknowledge and agree that these Terms and your access to this Site may be terminated at any time by us without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. All clauses in these Terms which are stated or intended to continue after termination will continue to apply. Foxlow Pastoral Pty Ltd will not be liable to you or any third party for any termination of your access to this Site.

24. Indemnity

You agree to indemnify Foxlow Pastoral Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with, directly or indirectly, your use of the use of the Website and/or breach of these Terms.

25. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties here to and their successors and assigns.

26. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

27. Changes to these Terms

We reserve the right to change these Terms at any time. The current version of the Terms will always be posted on this Site, and will cancel and replace any previous version(s). By continuing to use this Site after the posting of such changes, you agree to be bound by the changes.

28. Contact Information

If you have any concerns about material, please contact Foxlow Pastoral Pty Ltd in accordance with the details set out below.

Foxlow Pastoral Pty Ltd
ABN: 45 607 660 364
Address: 2707 Captains Flat Road, Primrose Valley NSW 2621
Email:
info@foxlow.net