3. Wikloe’s Services are provided to adults over the age of eighteen (18) years. By making a booking with Wikloe, you acknowledge that you are over 18 years of age. Children under the age of 18 years may not purchase or book any Service or offering from Wikloe or this Website.
5. To stay at Wikloe’s Retreat House, you must make a booking online. Your booking at the Retreat House will not be confirmed until full payment is made at the time of booking.
6. Wikloe’s Website provides the daily rates of staying at the Retreat House. Wikloe reserves the right to amend those rates at any time. Rates on the Website are in Australian Dollars (AUD) and are exclusive of GST. Should Wikloe be required to amend its rates after you have made a booking online, Wikloe will provide you with three (3) months’ notice to alert you of the rates change. If your booking falls within that 3-month period, Wikloe will fulfil your booking at the rate that was listed on the Website at the time of booking, provided full payment has been made.
7. If, following your stay at the Retreat House, it is found that loss or damage has been incurred by the Landowner or Wikloe, Wikloe reserves the right to charge your credit card for costs associated with that loss and/or damage, and, failing which, pursue you personally, to cover any additional costs incurred, including but not limited to theft, breakage, excess cleaning requirements, excess garbage, additional guests beyond those declared in your booking, damage to the Retreat House and/or Landowner’s Property caused by you intentionally or negligently or otherwise.
8. Our Retreat Houses are located on rural land that may not be occupied by the Landowner all year round. Accordingly, you acknowledge that you are responsible for your own safety in and around the Retreat House and Property and will act in a responsible manner during your stay. You acknowledge that you are aware of the risks entailed in a wilderness environment.
ARRIVAL AT THE RETREAT HOUSE AND PROPERTY
9. Within 72 hours of your arrival date, Wikloe will provide you with Pre-Arrival Instructions to the email address provided on the booking form. You will also be provided with House Rules which will be located inside the Retreat House.
STAYING AT WIKLOE’S RETREAT HOUSE
10. During your stay, you must remain inside the Wikloe Area as marked by two boundary fences and white pickets on the Property. You agree to remain within the Wikloe Area as provided by the boundary fences and white pickets and will not venture beyond the Wikloe Area unless specific instructions to do so have been provided by the Landowner and/or Wikloe.
11. During your stay, you are not permitted to approach the Landowner’s dwelling in any circumstance unless otherwise specified by the Landowner or Wikloe upon instruction from the Landowner. In case of an emergency, use the emergency details provided in the Pre-Arrival Instructions.
12. You must respect the local wildlife and not approach any animals, domestic or otherwise on the Property during your stay or otherwise.
13. Any gates opened by you must be closed directly after. You are responsible for ensuring you do not leave any gates open on the Property. Please note that the Landowner may have livestock and/or other animals on the Property which may escape if gates are left open. Escaped animals may be seriously injured and/or killed if allowed to escape and roam on the roads and may consequently seriously injure and/or kill drivers on the road who are at risk of hitting escaped animals. You will be personally liable for any loss or damage resulting from the failure to close any gates opened by you.
14. Pets are not permitted in the Retreat House or on the Property without prior approval from Wikloe or if specifically advised in the Pre-Arrival Instructions.
15. Noise travels significantly in rural areas and can cause serious issues to neighbouring properties and surrounding wildlife. Respectful and mindful conduct is expected, and you must not make excessive noise and/or play loud music at any time of day and/or night. All outdoor music and loud socialising must cease by 10pm and be taken indoors with doors and windows shut so that noise does not travel and disturb surrounding neighbouring properties and wildlife.
16. Wikloe has a strict no party policy. Should any guest be identified as having a party and/or conducting loud and disruptive activities, Wikloe reserves the right to immediately request all guests of the Retreat House to vacate the premises. In the event that an eviction does occur, the Retreat House booking is non-refundable. In addition, the registered guests will be required to settle an account for any expense resulting from additional cleaning of the Retreat House and/or Landowner’s Property, replacement of any furniture/fixture/fitting breakage, as well as for any required repairs needed for Retreat House and/or Landowner’s Property.
17. Campfires must be contained within the provided fire-pit and must not be left unattended. All fires must be extinguished by midnight. If there is a fire ban in place, you will be notified by text or email and you must adhere to such fire ban notice. Failure to adhere to any fire ban notice will result in an immediate eviction from the Retreat House and Property. You will be liable for any loss or damage to the Retreat House and/or Property resulting from the failure to adhere to a fire ban notice.
18. You acknowledge that you are fully liable for any loss or damage you cause to the Retreat House and/or Landowner’s Property. Wikloe reserves the right to deduct charges from your credit card, and/or, failing which, pursue you personally for any loss or damage incurred to the Retreat House and/or Landowner’s Property.
19. You agree that only those persons indicated on the booking form will enter the Retreat House and Property. Wikloe reserves the right to deduct charges from your credit card, and/or, failing which, pursue you personally for any loss or damage incurred to the Retreat House or Property as a result of you bringing guests to the Retreat House beyond those persons indicated at the time of booking.
20. Smoking is not permitted inside the Retreat House or within a distance of 10m from the Retreat House. It is your responsibility to ensure that all cigarette butts are extinguished in a safe, responsible, and environmentally friendly manner. Wikloe reserves the right to deduct charges from your credit card, and/or, failing which, pursue you personally for any loss, damage or cleaning requirements incurred to the Retreat House and/or Property as a result of your failure to extinguish cigarette butts in a safe and responsible manner, or, if it is determined that you or another Guest were smoking inside the Retreat House.
21. You agree to observe and adhere to all House Rules displayed inside and outside the Retreat House.
22. The House Rules will contain instructions as to the use of the composting toilet. Failure to follow the instructions relating to the composting toilet, will result in a cleaning fee in circumstances where disposal is necessary, or damage has occurred to the composting toilet. The cleaning fee will be charged to your credit card.
DEPARTURE FROM THE RETREAT HOUSE AND PROPERTY
23. All vehicles are to depart the Retreat House and Property via the same drive-way you entered the Property.
24. Any gates opened by you must be closed directly after. You are responsible for ensuring you do not leave any gates open on the Property. Please note that the Landowner may have livestock and/or other animals on the Property which may escape if gates are left open. Escaped animals may be seriously injured and/or killed if allowed to escape and roam on the roads and may consequently seriously injure and/or kill drivers on the road who are at risk of hitting escaped animals. You will be personally liable for any loss or damage resulting from the failure to close any gates opened by you.
25. It is your responsibility to take all your rubbish with you when you depart the Retreat House and Property including all rubbish and recycling placed in the bins underneath the kitchen sink. Wikloe reserves the right to charge you any fees associated with the removal of rubbish after your stay.
26. You agree to leave the Retreat House and Property by the departure date and allocated time as per your booking. Wikloe reserves the right to charge you fees for any early arrivals or late departures.
27. You agree to leave the Retreat House and Property in the same condition as when you arrived, subject to natural wear and tear. Any rubbish or unreasonable mess created in or around the Retreat House and/or Property will incur an extra cleaning fee.
28. You agree to promptly notify Wikloe of any damage caused to the Retreat House and/or Landowner’s Property incurred during your stay, by emailing email@example.com.
29. All bookings made with us are non-refundable.
30. Wikloe does not accept liability whatsoever for injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by any events beyond our control including but not limited to bushfires, floods, pandemics, air conditions and other extreme weather conditions. No refunds will be issued for cancellations arising out of events beyond our control including but not limited to bushfires, floods, pandemics, air conditions and other extreme weather conditions. Where a cancellation is made in these circumstances, a voucher for the same dollar amount will be issued to the guest for the purpose of re-booking their stay at a later date.
31. Travel insurance is always advisable for every holiday. We recommend you take out travel insurance prior to arrival.
WARRANTIES AND WIKLOE’S LIABILITY
32. To the extent permitted by law, Wikloe excludes all liability to you or any other person, for any loss, injury, illness, death, damage, expense, cost or other claim (including indirect, special or consequential loss), damages, costs (including legal costs) or expenses of any kind, arising from or in connection with:
- any act or omission of the person affected; or
- any act or omission of a Landowner or third party; or
- the act and/or omission of a third party unconnected with the provision of Wikloe’s services and which were unforeseeable or unavoidable; or
- unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
- an event which either Wikloe or suppliers could not, even with all due care, have foreseen or forestalled; or
- your use and access of Wikloe’s Website; or
- your acquisition or use of Wikloe’s Services; or
- any errors or inaccuracies in the information in respect of Wikloe’s Services; or
- delays to, interruptions of or cessation of transmission to or from Wikloe’s Website.
34. We do not make any warranties or guarantees regarding Wikloe’s Services including without limitation, any guarantee that Wikloe’s Services are a particular quality or standard, and are defect free. You may be entitled to certain guarantees under the Australian Consumer Law.
35. We do not warrant, guarantee or make any representation that Wikloe’s Website, or the server that makes the Website available on the World Wide Web are free of software viruses, free from errors, or that Wikloe’s Website will operate uninterrupted.
GUARANTEE AND INDEMNITY
36. You guarantee to indemnify and hold Wikloe and the Landowner harmless against all claims by third parties brought against Wikloe or the Landowner arising out of or in connection with:
- any material or content you provide to Wikloe through Wikloe’s Website;
- Your use of any content on Wikloe’s Website including but not limited to the Services;
- Your entry to and stay at the Retreat House and Property; and
37. As between you and Wikloe, you agree that all intellectual property rights (including trade marks, logos, brands, graphics, images, text, software, computer programs, film clips, videos and other media) displayed on or relating to this Website are owned by Wikloe (or its licensors, sponsors, suppliers or related bodies corporate). Apart from the personal, non-commercial use of the content of this Website, you must not do any of the following unless You have received the prior written permission of Wikloe:
- reproduce, reformat, reuse, transmit (including broadcast), communicate, adapt, distribute, sell, modify, store in a retrieval system or publish or otherwise use any of the material on this Website (including without limitation any underlying source code or other data);
- interfere with, or attempt to interfere with, the proper working of this Website, (including, for example, by making excessive traffic demands on this Website);
- reproduce Wikloe’s trademarks or logos on another Website;
LIMITATION OF LIABILITY
39. You acknowledge and agree that unless required by law, and without limiting the Australian Consumer Law or the Consumer Guarantees, this Website and its content is provided “as is” without warranties of any kind, express or implied. You also acknowledge that you use this Website and the material contained on this Website at your own risk and to the extent permitted by law, you agree that Wikloe (including its related bodies corporate and affiliates), its directors, officers, employees, agents and associated Landowners exclude all liability to you or any other person including for any consequential loss or damage including indirect, incidental or special damages, or loss of business or profits, which results from your use or access of this Website and the material contained on it.
41. In the event of Force Majeure, Wikloe has the right to immediately terminate your booking at the Retreat House and will refund any payments paid by you as your sole remedy.