Lakehouse at Conjola

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• This Short-Term Rental Agreement (Agreement) is between Lakehouse at Conjola (Lakehouse at Conjola) and the guest/s named in the booking (Guest) made via Lakehouse at Conjola’s online booking system ‘Cloudbeds’, ‘Stayz’ operated by Stayz Pty Limited ABN 41 102 711 599 or its related companies, Airbnb, Inc. and its affiliates, as
  applicable (or such other online booking system used by  at the relevant time) (Online Booking System) for the short-term rental of the property located at 39 Edwin Avenue, Lake Conjola, New South Wales 2539 (Property) specified in the booking made via the Online Booking System (Booking).

• 1. ACCEPTANCE OF TERMS AND CONDITIONS

1. (a) This Agreement includes Lakehouse at Conjola’s legal notices accessible on or via its website at https://www.stayz.com.au/, https://www.vrbo.com/en-au/, https://www.lakehouseatconjola.com.au, or https://www.airbnb.com.au/ (Website) and all guidelines, codes of conduct, schedules, annexures, and attachments relating to this
2. Agreement, provided with, or separately and forming part of this Agreement, including the Schedule of Costs. 

1. (b) By making the Booking using the Online Booking System, the Guest for themselves and on behalf of all other Guests:

1. (i) agrees to the terms and conditions of the Online Booking System accessible at https://www.lakehouseatconjola.com.au, https://www.airbnb.com.au/ (or at such other website for the Online Booking System used by  at the time of the Booking);
2. (ii) agrees to the terms and conditions as set out in this Agreement; and
3. (iii) acknowledges they have read and agreed to be bound by the Website legal notices (which include the Website Terms and Conditions) and this Agreement.

1. (c) 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 required to provide evidence of a vaccination certificate or a negative PCR test and 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 (which may include those accessible at https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health%20alert, https://www.smartraveller.gov.au/ and https://www.nsw.gov.au/covid-19) and before commencing their stay at the Property.
2. (d) Lakehouse at Conjola abides by, and this Agreement is subject to, the NSW Code of Conduct for the Short-term Rental Accommodation Industry (as amended from time to time) (the Code), which is accessible on the NSW Fair Trading website and hereby provided electronically by clicking on the following hyperlink: https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0012/925788/Code-of-Conduct-for-the-Short-term-Rental-Accommodation-Industry.pdf. The Guest agrees that they will comply with the Code.
3. (e) The Property will be or is registered on the Premises Register administered by NSW Fair Trading as required from 1 June 2021.
4. (f) Only persons aged twenty-one (21) 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 twenty-one (21) years of age.
5. (g) 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.

1. 2. BOOKINGS

1. 2.1 Guests, Registration and Minimum Booking Periods 

1. (a) By making a Booking, the Guest consents to provide their personal information and acknowledges that if they do not give consent Lakehouse at Conjola may not be able to provide some or all of the services in relation to the Property contemplated by this Agreement including the short-term rental of the Property pursuant to the Booking (Services). 
2. (b) The Guest agrees that all information they provide to Lakehouse at Conjola either directly or via the Online Booking System will be true, accurate, current and complete. The Guest agrees that they are responsible for all information they provide to Lakehouse at Conjola and that any errors or discrepancies in any confirmation for the Booking provided by the Online Booking System or otherwise must be notified to Lakehouse at Conjola within forty-eight (48) hours of making the Booking. The Guest acknowledges that if Lakehouse at Conjola reasonably believes that the information provided by the Guest is false, inaccurate or misleading to the potential material detriment of Lakehouse at Conjola it may, at its sole discretion, suspend the Booking pending resolution of the issue to ’s satisfaction, or terminate the Booking and/or the Guest’s access to the Property in which case clause 7(d)(i) shall apply. 
3. (c) The provisions of clause 2.1(b) do not entitle a Guest to transfer the Booking into the name of another person or change the commencement date or duration of the Booking.
4. (d) The Guest Registration Form provided by Lakehouse at Conjola must be completed and returned by the Guest no later than forty-eight (48) hours before the commencement date of the Booking period. For group Bookings, the Guest must include details of all their guests in the Guest Registration Form (Registered Guests) and obtain the consent of all Registered Guests for the disclosure of such information to Lakehouse at Conjola. Only the Guest and Registered Guests (together, Guests) will be permitted to occupy the Property during the duration of the Booking period.
5. (e) The Property accommodates the maximum number of six (6) Guests indicated on the Website. Where Guests exceed the capacity or the number stated without the prior written consent of Lakehouse at Conjola, an additional Fee shall be payable as provided in the Schedule of Costs and Lakehouse at Conjola shall be entitled in its discretion to immediately terminate the Booking and this Agreement.
6. (f) Where there are more Guests than the number stated in the Booking, additional Fees in accordance with the Schedule of Costs will be payable.
7. (g) A minimum period of stay of two (2) nights shall apply all year round.

1. 2.2 Payment

1. (a) The Guest will pay Lakehouse at Conjola all applicable accommodation fees, costs and amounts set out on the Website and/or the Schedule of Costs (together, Fees), at the rate and in the manner specified in the Booking and this Agreement.
2. (b) The Guest must pay a deposit of fifty percent (50%) of the total accommodation Fees (Deposit) or such other amount required by Lakehouse at Conjola at the relevant time and any applicable booking fee at the time of making the Booking via the Online Booking System.
3. (c) The remaining balance of the accommodation Fees and any other amounts payable in advance must be paid in full no later than thirty (30) days before the commencement date of the Booking period. 
4. (d) Lakehouse at Conjola accepts payment of all Fees by credit card or debit card only, and the Guest will be liable for the standard surcharges on payments.
5. (e) Rates quoted are in Australian dollars and are subject to change at any time. Fees paid in a foreign currency will be reconciled at the date of payment and will be subject to the applicable prevailing exchange rate and transfer fees. GST shall be applied where applicable. In the circumstance the accommodation rates are increased after the Guest has made the Booking, due to an increase in booked Guest numbers, the Guest will be required to pay the difference.

1. 2.3 Security Bond

1. (a) All Bookings require a refundable security bond to be provided by credit card pre-authorisation of such amount determined in accordance with the Schedule of Costs (Security Bond), no later than when the final balance is paid. 

1. (b) The Guest irrevocably agrees that Lakehouse at Conjola is permitted to claim against, charge or deduct (as applicable) from the Security Bond at any time without prior notice to the Guest:

1. (i) any outstanding or additional Fees payable by the Guest in accordance with the Schedule of Costs; and
2. (ii) the cost of repair or replacement of any faulty, damaged, broken, lost or stolen fixtures, fittings, equipment, goods or chattels including furniture and furnishings (together, FF&E) of Lakehouse at Conjola at or in the Property and any damage or loss to the Property, and any Equipment used pursuant to clause 3.2(j)].

1. (c) The Security Bond will be retained until after a final inspection and assessment of the Property and Equipment is completed after check-out and all amounts which Lakehouse at Conjola is entitled to claim or charge against the Security Bond have been paid. The Guest acknowledges and agrees that Lakehouse at Conjola is not required to undertake the final inspection and assessment of the Property after check-out in the presence of the Guest. 
2. (d) Any balance remaining of the Security Bond will be refunded to the Guest, if applicable, within seven (7) days after the Property has been cleaned after check-out, provided that any final deduction has been made or, where applicable, any pre-authorised amounts of the Security Bond will automatically lapse in accordance with the terms of the Guest’s credit card provider. 
3. (e) Any amounts owing to Lakehouse at Conjola which have not been satisfied from out of the Security Bond will be charged against the Guest’s credit card used to provide the Security Bond or against any cash Security Bond held in trust, with a costs statement provided to the Guest with details of all amounts claimed and charged within seven (7) days after the date of check-out (or otherwise as soon as reasonably possible). If the amount of any cash Security Bond is insufficient to cover the amounts owed to Lakehouse at Conjola, the Guest will be invoiced for the additional amounts which will be payable as stipulated provided in the invoice.
4. (f) Where the amount of the Security Bond paid by credit card is insufficient to cover the additional Fees and costs owed to Lakehouse at Conjola or where the Security Bond has been provided by credit card pre-authorisation, the Guest irrevocably agrees that Lakehouse at Conjola is permitted at any time without prior notice to the Guest to claim against or charge to the credit card used by the Guest to pay or provide the Security Bond, the balance of or all (as applicable) the additional Fees and costs owing to Lakehouse at Conjola under this Agreement (including all amounts (if any) in excess of the Security Bond).
5. (g) Lakehouse at Conjola will provide the Guest with a statement of all amounts deducted from the Security Bond and/or charged to their credit card no later than seven (7) days after the date of check-out.

1. 2.4 Variation and Cancellation of Bookings

1. (a) If the Guest cancels a Booking for any reason:

1. (i) Sixty (60) days prior to the commencement of the Booking, all amounts paid shall be refunded to the Guest, minus a deduction of the administration fees outlined in the Schedule of Costs;
2. (ii) Within sixty (60) days of the Booking but at least thirty (30) days before the commencement date of the Booking, subject to clause 2.4(b), Lakehouse at Conjola shall be entitled to retain fifty percent (50%) of all fees already paid, and refund the Guest the remaining fifty percent (50%); and
3. (iii) Less than thirty (30) days before the commencement date of the Booking, subject to clause 2.4(b), no refunds shall be paid and Lakehouse at Conjola shall be entitled to retain the Deposit and all additional accommodation Fees paid.

1. (b) If the Guest cancels a Booking less than sixty (60) days before the commencement date of the Booking Lakehouse at Conjola shall only refund such part of the Deposit and/or any additional accommodation Fees paid (as applicable) where an alternative guest subsequently books the Property for a stay which includes all or some of the booking dates of the Booking. Any refund given to the Guest shall be equal to the lesser of the amount paid by the Guest which was retained by Lakehouse at Conjola and the amount paid by the alternative guest in respect of the same booking dates as the Guest after deduction of ’s administration Fee as provided in the Schedule of Costs.
2. (c) If the Guest makes a request to change the dates of the Booking where there are extenuating circumstances including COVID-19 restrictions or lockdowns of the local government area (LGA), Lakehouse at Conjola will consider the request on a case by case basis and may, in its absolute discretion and subject to provision of reasonable proof of the extenuating circumstances by the Guest (if so requested) and availability, agree to change the scheduled dates of the Booking provided that the Guest pays Lakehouse at Conjola's administration Fee as provided in the Schedule of Costs.
3. (d) Lakehouse at Conjola reserves the right to vary or cancel the Booking in its absolute discretion where any situation arises that renders the Booking impractical, unsafe or unable to be fulfilled which may include, but is not limited to, damage to the Property, force majeure, terrorism, natural disasters, pandemics, political instability or other events or circumstances which make it unviable for   to uphold the Booking. Where Lakehouse at Conjola wishes to vary or cancel a Booking under this subclause, Lakehouse at Conjola will where feasible, use its best endeavours to offer acceptable alternative accommodation to the Guest that is, as far as practical and possible, substantially the same as or similar to the Property for the same dates as the Booking, failing which the Guest shall be entitled to either: 

1. (iii) reschedule the Booking to commence on an alternative date within twelve (12) months after the date of the commencement of the original Booking; or
2. (iv) receive a refund of the Deposit and all additional accommodation Fees paid (if any).

1. (e) The Guest acknowledges and agrees that if Lakehouse at Conjola varies or cancels the Booking under clause 2.4(d) any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those provided under this Agreement and no other claim, right, action or demand shall exist in or be made by either party as a result of or in connection with any such variation or cancellation and   will not be responsible for any incidental expenses that Guests may have incurred as a result of or in connection with the Booking.

1. 2.5 COVID-19 Implications

1. (a) The Guest acknowledges that Lakehouse at Conjola may use a professional cleaning team that uses high-grade alcohol-based products to reduce the risk of contamination and the spread of viral or bacterial residue at the Property.

1. (b) The Guest acknowledges that during periods in which Public Health Laws including COVID-19 or other comparable pandemic circumstances impact the Booking or the Property, some facilities at the Property may be restricted and Guests may be subject to certain mandatory requirements including those referred to in clause 2.5(c).
2. (c) All Guests are responsible for taking all necessary personal safety and hygiene procedures, including wearing masks if mandatory under Public Health Laws or when requested, and practicing ‘social distancing’ at the Property if required or appropriate during their stay.
3. (d) If the Guest is unable to commence their stay under the Booking in order to comply with Public Health Laws or because of the direct impact of Public Health Laws on the ability of the Guest to use the Booking, the Guest may provide reasonable evidence of the relevant circumstances and make a written request to Lakehouse at Conjola:

1. (i) to vary the Booking by rescheduling the Booking period to commence no sooner than fourteen (14) days after and up to twelve (12) months from the original commencement date of the Booking (but retaining the same number of days for the Booking unless otherwise agreed by Lakehouse at Conjola). Provided that the Guest has given reasonable evidence of the relevant circumstances if required, Lakehouse at Conjola may in its absolute discretion and subject to availability agree to reschedule the Booking to commence on the new commencement date (Replacement Booking) at the same accommodation rate (or any higher accommodation rate applicable to the dates of the Replacement Booking). In such circumstances, all amounts paid by the Guest shall be credited to the Replacement Booking; or
2. (ii) to cancel the Booking which, if less than sixty (60) days’ notice is given as required under clause 2.4(a), shall be considered by Lakehouse at Conjola on a case by case basis and if Lakehouse at Conjola agrees to cancel the Booking, it shall be entitled to retain the Deposit but will refund all additional accommodation Fees paid after deduction of the administration Fee provided in the Schedule of Costs (unless waived by ).

1. (e) Lakehouse at Conjola reserves the right to vary or cancel (as applicable) the Booking and this Agreement in its absolute discretion where:

1. (i) the Booking is affected or may reasonably be expected to be affected by Public Health Laws or any health alerts or guidelines in connection with Public Health Laws including those in relation to COVID-19 or any comparable pandemic at the relevant time; or
2. (ii) if at check-in, any Guests refuse to provide a declaration requested under clause 2.6(b) or if any given declaration reasonably means that it is not, or there is a significant risk that it is not, safe to permit the Guests to stay at the Property if at any time at or after the time of check-in it reasonably appears to or is known by Lakehouse at Conjola that any Guests display or have flu-like symptoms, appear to be or are unwell, or express that they are feeling unwell with any respiratory or flu-like illness, or if it becomes known to Lakehouse at Conjola that any Guests have breached any Public Health Laws which directly or indirectly puts  or any person including neighbours of the Property at risk.

1. (f) Where Lakehouse at Conjola wishes to vary or cancel a Booking under clause 2.5(e)(i),  Lakehouse at Conjola may in its absolute discretion offer the Guest the right to reschedule the Booking to commence no sooner than fourteen (14) days after and up to twelve (12) months from the original commencement date of the Booking (but retaining the same number of days for the Booking unless otherwise agreed by Lakehouse at Conjola), or may cancel the Booking and refund the Deposit and all additional accommodation Fees paid (if any) less the administration Fee provided in the Schedule of Costs (unless waived by Lakehouse at Conjola).
2. (g) Where a Booking has been varied or cancelled by Lakehouse at Conjola under clause 2.5(e)(ii), no refunds shall be available and Lakehouse at Conjola shall be entitled to retain the Deposit and all additional accommodation Fees paid plus charge the Guest for all additional Fees payable under this Agreement.
3. (h) The Guest acknowledges and agrees that if the circumstances referred to in clause 2.5(e) arise, any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those provided under this Agreement and no other claim, right, action or demand shall exist in or be made by either party as a result of or in connection with any such variation or cancellation. In these circumstances, Lakehouse at Conjola will not be responsible for any incidental expenses that Guests may have incurred as a result of or in connection with the Booking.

1. 2.6 Check-ins and Check-outs

1. (a) Check-in shall only be available if the Guest has provided the Security Bond and paid the accommodation Fee in full as required by this Agreement.
2. (b) During any period in which Public Health Laws apply to the Guest’s stay at the Property,  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 and the provisions of clause 2.5(e)(ii) may apply.
3. (c) Subject to clause 2.6(e), check-in is available from 02:00pm on the commencement date of the Booking. The Guest will be provided with check-in details including the access code to enter the Property by SMS up to one (1) day before the check-in time. Any updates to the check-in details will be provided to the Guest via SMS.
4. (d) Subject to clause 2.6(e), the latest check-out time is 10:00am on the day of departure, after which a late check-out Fee may apply in accordance with the Schedule of Costs. 
5. (e) Check-in and check-out times are strict unless otherwise prior agreed by Lakehouse at Conjola. Any request by the Guest for changes to the check-in and/or check-out times must be made at least twenty-four (24) hours prior to check-in or check-out time unless otherwise agreed. Any agreement by Lakehouse at Conjola to change the check-in or check-out time is subject to availability with no additional Fees payable.
6. (f) If the Property or any FF&E is found by the Guest to be in an unclean or damaged state or if any facilities are not fully working at the time of check-in, the Guest must promptly notify Lakehouse at Conjola and allow Lakehouse at Conjola or its staff to access the Property to inspect and, if necessary, clean the Property and/or clean and repair any faulty, damaged or broken FF&E or facilities.
7. (g) Lakehouse at Conjola is not liable for alternative accommodation or any other costs that may be incurred by the Guest where they fail to make full payment of the accommodation Fees in the time required under clause 2.2(c) or fail to complete check-in during the relevant period on the date of commencement of the Booking for any reason.

1. 2.7 Keys

1. (a) The Guest will be provided the code for the Property via SMS.

1. 2.8 Children and Visitors

1. (a) Where Guests exceed the capacity an additional Fee shall be payable in accordance with the Schedule of Costs and shall be entitled to immediately terminate the Booking and this Agreement.
2. (b) Children under the age of twelve (12) are permitted as Guests only when accompanied by their parent, legal guardian or an authorised responsible adult. 
3. (c) The accommodation prices for children are included in the standard rate and refer to using existing bedding.
4. (d) The Guest acknowledges that there may be steps and balconies at the Property and that no baby gates or stair barriers may be available unless expressly confirmed with Lakehouse at Conjola prior to the commencement of the stay. Lakehouse at Conjola requires children to be supervised at all times and in particular with respect to the Property’s steps, barbeque, fire pit, gas stoves, adjacent roads and driveways, gardens, beaches, bays, cleaning chemicals, the suburban streetscape location, bush rocks surrounding the lake and visiting natural bush, lakes, rivers and wildlife.
5. (e) Visitors of Guests at the Property must be family members, friends and other responsible adults at least eighteen (18) years of age. Any children aged between twelve (12) and eighteen (18) years must be supervised by a responsible adult, and children aged less than twelve (12) must be accompanied by their parent or legal guardian.
6. (f) The Guest acknowledges and agrees that they are responsible for all acts and omissions of visitors to the Property during their stay and must ensure that visitors comply with all applicable provisions of this Agreement including clause 3.1 and clause 4 as if they were Guests.

1. 3. GUEST OBLIGATIONS

1. 3.1 Permitted Use

1. (a) to be an occupant of the Property for the entire duration of the Booking;
2. (b) not to sublet or allow unregistered persons to stay at the Property;
3. (c) they are responsible for all persons staying at or visiting the Property (including Registered Guests) and ensuring that such persons comply with all applicable terms and conditions of this Agreement as if they were a party to this Agreement, and agrees that any breach of this Agreement by any such person (including Registered Guests) may be deemed to be a breach by the Guest;
4. (d) to comply with all applicable laws and regulations and not engage in conduct that contravenes criminal law or planning laws which apply to the Property and/or the Booking and acknowledges Lakehouse at Conjola will cooperate with any investigation of alleged contraventions at the Property during their stay;
5. (e) not to use the Property for any purpose other than the approved purpose as set out in this Agreement;
6. (f) to co-operate with Lakehouse at Conjola and abide by this Agreement during their stay at the Property;
7. (g) not to bring or permit to be brought onto the Property any motorbikes, dirt bikes, quad bikes, firearms, air rifles or fireworks or any other items prohibited in the House Manual;
8. (h) to duly comply with all provisions in the House Manual, the Safety Guide and all other manuals and guides provided at the Property during the duration of their stay at the Property and all check-out obligations;
9. (i) not to break into or attempt to break into the Property if locked out or unable to enter for any reason and to contact Lakehouse at Conjola for instructions and assistance;
10. (j) to maintain the security of the Property to prevent theft of or damage to the Property or FF&E and the Guests’ personal property, including locking doors and closing windows, and to advise Lakehouse at Conjola immediately if they are unable to secure the Property;
11. (k) to switch off or put out wood, BBQs or gas fires entirely when the Guests leave the Property, even where they are not present for short periods;
12. (l) not to smoke or permit smoking within the Property or its grounds;
13. (m) use of the Property for schoolies, large parties, functions or group gatherings is strictly prohibited and that an additional Fee may be payable in accordance with the Schedule of Costs; 
14. (n) not to have pets on the Property. 
15. (o) to abide by the noise and good neighbour policy referred to in clause 4;
16. (p) not to camp in tents on the property or use motor homes or caravans; 
17. (q) not to nail, screw, staple or fix anything to any wall, door or other surface or part of the Property; and
18. (r) the Guest acknowledges and agrees that in addition to all other rights Lakehouse at Conjola may have for breach of any provisions of this clause, Lakehouse at Conjola shall be entitled to charge such additional Fees in accordance with the Schedule of Costs.

1. 3.2 Guest Facilities

1. (a) Lakehouse at Conjola provides towels and bed linen at the Property for the use of Guests. 
2. (b) Lakehouse at Conjola provides a playpen and a portable cot for children.
3. (c) Free WIFI internet connection and streaming apps is made available for Guests however the Guest acknowledges the internet connection during the duration of the Booking is not guaranteed and may be disrupted, weak or unavailable without notice.
4. (d) Guests are responsible for ensuring that any third parties engaged to provide services at the Property are informed of this Agreement and hold appropriate public liability insurance. Lakehouse at Conjola accepts no liability for any third-party services including any which have been recommended or referred by Lakehouse at Conjola.
5. (e) The Guest acknowledges that it shall treat the Property with as much care as if it was the Guest’s own residence and that it shall be left in the same condition as when the Guest arrived, including returning all furniture and styling pieces to their original location. 
6. (f) All personal property left behind at the Property is the sole responsibility of the Guest who may arrange for Lakehouse at Conjola to post or courier the item. Where the Guest opts for Lakehouse at Conjola to post or courier the item, an administration Fee may apply as provided under the Schedule of Costs in addition to postage or courier costs.
7. (g) The Guest acknowledges the Property may be visited by wildlife which may include, but is not limited to rodents, insects, cockroaches, kangaroos, deer, bandicoots, wombats, snakes and spiders, and agrees Lakehouse at Conjola is not responsible for and has no control over the natural and surrounding habitat.
8. (h) The Guest may use the BBQ and fire pit during their stay, subject to Lakehouse at Conjola’s Fire Safety Guidelines. The BBQ and fire pit must be operated by persons over the age of eighteen (18) only and is at the Guests’ own risk and Lakehouse at Conjola is not responsible for any damage, injury or harm that may occur from their usage.
9. (i) Lakehouse at Conjola may make available for Guests a range of sports and leisure equipment including stand-up paddle boards (Equipment) for use by Guests at any time during the duration of the Booking. The Guest acknowledges that the provisions of clauses 2.3(c)(ii), 3.43(a), 3.43(d) and 3.5 shall apply to the use of the Equipment.

1. 3.3 Access to Property

1. (a) Lakehouse at Conjola and/or its authorised third parties may require access to the Property during the period of the Booking:

1. (i) for repair, service and/or maintenance during reasonable hours with notice to the Guest as far as reasonably possible;
2. (ii) to conduct any repairs, maintenance or service or to protect the Property at any time in emergencies; and
3. (iii) for prospective purchasers to view the Property where the Property is being offered for sale, as arranged.

1. (b) If the Guest requests a service call and is not present to provide access, the applicable service call-out Fee provided in the Schedule of Costs will be payable.

1. 3.4 Damages and Repair

1. (a) The Guest is responsible for and will be charged for all damage (outside of normal wear and tear), breakages, cost of repair or replacement to the Property and any FF&E at or in the Property and Equipment. Where the value of the damage or cost of repair or replacement caused by the Guest exceeds the Security Bond amount, Lakehouse at Conjola is entitled to recover this as a debt immediately due and payable from the Guest including any administration Fees in accordance with the Schedule of Costs and for this purpose shall be entitled to use the Guest’s credit card details (where applicable) to recover monies due and/or to invoice the Guest.
2. (b) Lakehouse at Conjola does not accept liability for any loss caused by failure of equipment and/or services or utilities out of its control, which may include, but is not limited to, TV or electronic equipment, water, electricity, gas and internet. In the event of a failure, the Guest should notify Lakehouse at Conjola in the first instance.
3. (c) Repairs, maintenance or service reported and requested by the Guest that have been deemed necessary by Lakehouse at Conjola, will be carried out as soon as practicable. However, if repairs are required due to unforeseen circumstances it may not be possible to guarantee immediate repairs or repair during the Booking period.
4. (d) All faults, damages, breakages or losses to or at the Property, including to any FF&E and Equipment are to be reported within twenty-four (24) hours to Lakehouse at Conjola. To avoid being charged for any faults, damage or breakage not caused by the Guest, any faults, damages or breakages of FF&E as at the time of check-in should be brought to Lakehouse at Conjola’s attention promptly following check-in. 

1. 3.5 Assumption of Risk

1. (a) The Guest acknowledges and agrees that use of the Property, all facilities at the Property and its premises and any Equipment by all Guests and visitors is solely at the Guest’s own risk and that Lakehouse at Conjola is not responsible for the safety or wellbeing of any person, including children, any Guests or visitors to the Property or for any loss of enjoyment that may result from unusual circumstances or circumstances beyond the reasonable control or foresight of  including weather, acts of God, fires, storms, power failures, riots, strikes, pandemics or any other events usually considered to be an event of force majeure.

1. (b) The Guest accepts full responsibility for the care of Equipment until it is returned to Lakehouse at Conjola and for the return of the Equipment in the condition it was provided. If the Equipment is lost, damaged in any way or destroyed beyond repair, the Guest agrees not to dispute and to accept the reasonable determination of Lakehouse at Conjola  in relation to the costs of loss, damage or destruction of the Equipment.
2. (c) The Guest acknowledges and agrees if at any time any weather conditions or other circumstances occur that may make usage of the Equipment, fire pit, barbeque or any other facilities unsafe for any Guests or visitors, the Guest will ensure that they immediately discontinue usage. The Guest acknowledges and agrees that usage of the Equipment, fire pit or barbeque may cause serious or grievous injuries which may include injury, harm and/or death.
3. (d) The Guest assumes all risk and takes full responsibility for all personal injury, sickness, disease (including but not limited to contracting or spreading infectious diseases), death for any reason, damage to and loss of personal property and losses of all kinds whatsoever arising out of, attributable to, caused by or resulting from the usage of the Equipment, the Property and any part of it and all facilities at the Property and the Guests’ stay at the Property, which may include but is not limited to using the Property or any part of it in any manner, and participating and/or engaging in any activities at the Property.
4. (e) The Guest hereby waives and releases, indemnifies, holds harmless and forever discharges Lakehouse at Conjola and its current and/or former agents, employees, officers, directors, affiliates, successors and trustees from and against any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that they ever had or may have, arising from, or in any way related to, their usage of the Equipment and the facilities at the Property and/or their stay at the Property by the Guests and their visitors, and any activities that the Guests and their visitors may partake in or have partaken in, at or away from the Property and its premises, provided that this waiver of liability does not apply to any acts of gross negligence or intentional or wilful misconduct by .

1. 4. NOISE AND NEIGHBOURS 

1. 4.1 Noise

1. (a) All noise must be kept indoors at the Property in the period between 10:00pm and 8:00am.

1. (b) Excessive noise, music and any other form of disturbance that is unreasonably disruptive to neighbours of the Property or interferes with the peace and comfort of neighbours is prohibited at all times and may result in eviction and immediate termination of the Booking under clause 7(d)(i).
2. (c) Where any representative of Lakehouse at Conjola, security guards or the police attend the Property to deal with noise complaints or excess Guests or visitors, or where a valid complaint has been received from neighbours during or after the Booking, the Guest will be charged an additional Fee in accordance with the Schedule of Costs.
3. (d) If a noise complaint is received, a first warning will be given. If a second complaint is received, Lakehouse at Conjola shall have the right to immediately evict the Guests from the Property and terminate the Booking and this Agreement.
4. (e) The Guest acknowledges that creating noise which because of its level, nature, character, or quality, or the time it is made, is likely to harm, offend or unreasonably disrupt or interfere with the peace and comfort of neighbours of the Property and other occupants of the premises may also be an offence under the Code and Fair Trading Act.
5. (f) Lakehouse at Conjola is not liable for any disturbance, noise or inconvenience that the Guest may experience from neighbours of the Property or for any other reason including any nearby renovation or building work or roads (as applicable).

1. 4.2 Neighbours

1. (a) A ‘good neighbour’ policy shall be enforced at the Property by Lakehouse at Conjola. 

1. (b) Behaviour by Guests:

1. (i) that is violent or threatening;
2. (ii) which could reasonably cause alarm or distress to neighbours; or
3. (iii) which intentionally, recklessly or negligently causes damage to the premises at which the Property is located or personal property of neighbours,

1. (c) Any behaviour exhibited by Guests that is disrespectful of or disruptive to neighbours, traffic flow or the community, or which prompts complaints to Lakehouse at Conjola from the police, local council or neighbours, shall not be tolerated and may result in a fine under the Fair Trading Act and/or eviction and shall give Lakehouse at Conjola the right to immediately terminate the Booking and this Agreement and the provisions of clause 7(d)(i) shall apply. 
2. (d) If any behaviour of Guests or visitors results in any dispute or complaint the Guest must notify Lakehouse at Conjola as soon as possible, and the Guest acknowledges that failure to do so may result in a penalty under the Fair Trading Act.

1. 5. REVIEWS AND SOCIAL MEDIA

1. (a) Lakehouse at Conjola encourages Guests to tag @lakehouse.at.conjola when posting during their stay at the Property, and unless expressly objected to, Lakehouse at Conjola may tag the Guests in some of its posts on matters of interest or repost their images on its accounts.

1. (b) Where, upon request, the Guests provide Lakehouse at Conjola with images of themselves or others, taken during their stay at the Property, unless they expressly object, they agree to release and hold Lakehouse at Conjola harmless from any liability in relation to the images which it may use for its marketing material or promotional purposes. 
2. (c) The Guest agrees that any testimonial Lakehouse at Conjola has received from any other guest is indicative of that guest’s experience at the Property and may not necessarily be typical.  The Guest acknowledges and agrees that testimonials are not a guarantee of the experience they will have at the Property, though Lakehouse at Conjola endeavours to ensure every guest is reasonably satisfied.
3. (d) In the event the Guest experiences any issue or problem during their stay at the Property, they agree that if the issue or problem relates to:

1. (i) alleged contraventions of the Code, criminal law or civil penalty provisions, or planning laws by Lakehouse at Conjola, it must be addressed through the proper process outlined in section 3 of the Code; or
2. (ii) other matters, it must be resolved via the internal dispute resolution process under clause 9 and may be subject to the obligations of confidentiality under clause 6, and the Guest agrees to give  the opportunity to rectify the situation before leaving negative reviews that may be published in the public domain and be damaging to the reputation of .

1. (e) The Guest agrees that before leaving a review, they will consider the potential implications under the Competition and Consumer Act 2010 (Cth) and the Defamation Act 2005 (NSW) of making false and/or misleading statements and the potential for a claim for damages and other remedies where a person’s reputation has been harmed by the publication of defamatory matter.
2. (f) The Guest acknowledges and agrees that they will be prohibited from publishing a review on any public forum if the Booking has been terminated for a breach of this Agreement and that any disputes or feedback will be directly raised with or provided, as applicable, to Lakehouse at Conjola and may be subject to the obligations of confidentiality under clause 6.

1. 6. CONFIDENTIAL INFORMATION AND PRIVACY 

1. 6.1 Obligations with Respect to Confidential Information

1. (a) may use the confidential information only for the purposes of this Agreement or with the prior consent of the discloser (which may be given or withheld at the discloser’s absolute discretion);
2. (b) must keep confidential all confidential information except:

1. (i) for disclosure permitted under this clause 6; and
2. (ii) to the extent (if any) the recipient is required by law to disclose such confidential information; and

1. (c) must cease to use and destroy or return all confidential information immediately upon request.

1. 6.2 Privacy

1. 6.3 Confidential Information

1. (a) all information relating to or concerning any issues, problems, disputes and feedback as contemplated by clauses 5(d) and 5(f);
2. (b) all Personal Information held by Lakehouse at Conjola relating to Guests; and
3. (c) all information relating to Lakehouse at Conjola including its affairs and business, the Property and the Services,

1. (d) which is in the public domain at the date of this Agreement or becomes part of the public domain after the date of this Agreement without any breach of this Agreement or other obligation of confidence;
2. (e) which the recipient can prove was already known to them at the time of disclosure by the disclosing party (other than if such knowledge arose from the disclosure of confidential information in breach of the obligation of confidentiality); or
3. (f) which the recipient acquired from a third party entitled to disclose it.

1. 7. REFUNDS, BREACH AND RIGHTS OF TERMINATION 

1. (a) Lakehouse at Conjola reserves the right to refuse or grant refunds for the Services pursuant to the Australian Consumer Law as provided in the Competition and Consumer Act 2010 (Cth).  Any requests by the Guest for refunds must be detailed in writing and will only be considered when options for remedies or replacements have been exhausted.
2. (b) The Guest acknowledges that any breach of this Agreement by the Guest may result in the Guest becoming liable for payment of Fees as outlined in the Schedule of Costs and other associated consequences as specified in this Agreement including termination of a Booking and this Agreement with no refund payable.
3. (c) Lakehouse at Conjola does not permit the Property to be used for schoolies or large parties, functions or group gatherings, or for bookings for the Property to be made by anyone under the age of twenty-one (21). If the Guest is in breach of these restrictions, Lakehouse at Conjola shall have the right to cancel or terminate the Booking, in which case, no refund shall be payable and Lakehouse at Conjola shall be entitled to retain all amounts paid in respect of the Booking and charge any additional Fees payable under this Agreement in accordance with the Schedule of Costs.
4. (d) Without prejudice to any other rights or remedies Lakehouse at Conjola may have under this Agreement or at law, Lakehouse at Conjola shall have the right to terminate the Booking and this Agreement with written notice effective immediately or at such later time stipulated in the notice and to retain all amounts paid in respect of the Booking and charge any additional Fees payable under this Agreement in accordance with the Schedule of Costs if:

1. (i) a provision of this Agreement specifically grants a right of termination;
2. (ii) the Guest commits a material breach that is not capable of remedy or multiple or recurring breaches of this Agreement whether remedied or not; or
3. (iii) the Guest commits a material breach and does not rectify the breach within any reasonable time given by Lakehouse at Conjola for the Guest to rectify the breach.

1. (e) Lakehouse at Conjola reserves the right to terminate this Agreement or refuse to provide the Services or access to the Property to any Guests or persons on the exclusion register accessible via https://www.fairtrading.nsw.gov.au/, as outlined in the Code. Guests who are on the exclusion register and enter into this Agreement or stay at the Property may incur a penalty under section 54C of the Fair Trading Act.
2. (f) Lakehouse at Conjola will not be liable for any losses, costs and/or expenses incurred or sustained by the Guest as a result of the termination of this Agreement and the Booking.
3. (g) The termination or conclusion of this Agreement and the Booking does not affect or effect any release of any accrued rights, obligations or remedies of a party in relation to events, acts or omissions that occurred before the termination or conclusion of this Agreement and the Booking including any claim that either party may have against the other party.
4. (h) The Guest acknowledges and agrees where the Booking is terminated pursuant to a breach of this Agreement, the provisions of clause 5(f) apply.

1. 8. LIMITATION OF LIABILITY

1. 8.1 Liability of the Guest

1. (a) only the Guest pursuant to the provisions of clause 3.1(c); or
2. (b) the Guest and/or any or all other relevant Guests notwithstanding the provisions of clause 3.1(c),

1. 8.2 Total Liability

1. 8.3 Consequential Loss

1. 8.4 Australian Consumer Law

1. 9. DISPUTE RESOLUTION

1. 10. GENERAL

1. 10.1 Severability

1. 10.2 Entire Agreement and Variation

1. 10.3 Governing Law and Jurisdiction 

1. 10.4 Joint and Several

1. (a) any agreement, representation, warranty or indemnity given by them binds each person jointly and severally; and
2. (b) any agreement, representation, warranty or indemnity in favour of them may be enforced by any of them.

1. 10.5 Singular or Plural

1. 10.6 Survival

1. 10.7 Interpretation