BOOKING TERMS AND CONDITIONS
- GENERAL STATEMENT OF CAUTION
In these booking terms and conditions, the terms “CABN“, “Company”, “we“, “us” and “our” are references to CABN Holdings Pty Ltd (ACN 641 595 860) (CABN).
As a guest, you are responsible for your own safety at all times. We ask that you please apply common sense principles and not approach wild animals, be safe with the firepit and ensure you have not left food outside for animals. CABN and the landowner are not liable for damage to personal property or injury caused on site, including but not limited to, guest vehicles and personal belongings. If you make a booking with CABN you understand that you accept responsibility for your personal belongings.
- STAY LENGTHS
The minimum stay is 2 nights. Subject to CABN’s discretion we may open an occasional 1 night stay between other bookings. For example, if Monday to Wednesday and Thursday to Saturday is booked, the Wednesday in the middle of the week could become available for a 1 night stay.
- CANCELLATION BY YOU
Cancellations can result in an empty CABN. Therefore, if you need to change your booking for whatever reason, we can change the dates for you, subject to availability, and if it is 30 days before your arrival. We can also offer a CABN credit voucher for the exact same tariff as your booking, as long as it is 30 days before your arrival, so the earlier you let us know the better. No refunds are given on cancelled bookings, non-arrival or unused nights.
CABN will make every effort to ensure the property is available as booked. However, CABN reserves the right to make alterations to bookings due to unforeseen circumstances.
We strongly recommend you purchase travel insurance to cover any unforeseen circumstances including loss of deposit, cancellation of airline flights, cancellation fees, medical expenses and loss of any personal belongings during the stay.
Please refer to clause 5 (Liability), which provides more information about your rights under Australian Consumer Law which may apply to your cancellation.
CANCELLATION BY US
In the event that we cancel your stay with CABN, you can transfer amounts paid to an alternate booking date or receive a refund, unless your booking is cancelled due to a Force Majeure Event (as defined below).
Please note for bookings at our Kuitpo Forest CABN’s, Forestry SA does not permit any guests onsite when there is a Forest Closure Day. A Forest Closure Day means any day on which a total fire ban is imposed on the Forest under section 80 of the Fire and Emergency Services Act 2005 (SA) or any other day which ForestrySA determines to be a Forest Closure Day at its absolute discretion. Accommodation will also be closed in the event of a severe weather warning with high winds exceeding 70km/hour.
If you have a booking scheduled during one of these days, CABN will work with you to reschedule.
Cancellation due to Force Majeure
If your stay is cancelled due to a Force Majeure Event, we can offer you a choice of:
- a 100% credit of monies paid for your stay; or
- a refund minus unrecoverable costs.
If the cancellation due to a Force Majeure Event occurs after your stay has commenced, we can offer you a choice of a pro-rata:
- 100% credit for the days that remain on your stay; or
- refund minus unrecoverable costs of the days that remain on your stay.
A “Force Majeure Event” includes but is not limited to: acts of God; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties, whether or not foreseeable, which would make it dangerous or not viable for your stay to commence or continue.
In the event of any cancellation, there will be no claim for damages by either party against the other and we are not responsible for any incidental expenses that you may have incurred.
- Acceptance of booking and payment
Full payment is due at time of booking and your booking is not confirmed until full payment is received. A $250 refundable bond is payable to cover, but not limited to, extra guests (not declared and paid for), excess cleaning and rubbish removal, incidentals and/or property damage and loss. A pre-authorisation of $250 will be held on your credit card at check in and released within 7 days of check out. If we accept your booking, we will issue you with a booking confirmation invoice. A contract will then exist between you and us from the date we issue the confirmation invoice.
- Liability and service guarantee
Our services which include our accommodation services (“Services”) may come with guarantees that cannot be excluded under Australian Consumer Law.
“Australian Consumer Law” means the uniform consumer protection law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the CCA).
To the maximum extent permitted by law (including the CCA) we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter or thing relating to these Booking Conditions except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. This clause does not limit or exclude your rights under the CCA.
(Limitation of Liability) Where the law implies a warranty into these Booking Conditions which may not lawfully be excluded (in particular warranties under the CCA) our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.
(Indemnity) You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:
- your access or use of the Services, this includes your delegate’s access or use of the Services; and
- any breach by you (or your delegate) of:
- these Booking Conditions; or
- any additional terms applicable to providing the Services,
except to the extent that such loss or damage as a direct result of our fraud or wilful misconduct.
(Third parties) We contract with a network of companies, providers, landlord’s, independent contractors and individuals to assist in the running of our CABN’s (Third Party Supplier). Third Party Suppliers may also engage the services of local operators and sub-contractors. Although we take all reasonable steps to select reputable Third Party Suppliers, we cannot be responsible for their acts or omissions. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
We are not responsible for the acts and omissions, whether negligent or otherwise, of these Third Parties Suppliers. Any disputes between you and any third party, are to be resolved solely between you and that party.
(Vicarious liability) We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.
Winter: every CABN has bedding and heating supplied, however, we do recommend bringing an extra blanket or sleeping bag during the cooler months.
Summer: every CABN ensures air flows throughout with at least 1 window that opens. For CABN’s with a loft, we ask that you please ensure a window on the ground floor and a window in the loft is always opened. Each CABN also has a ceiling or wall fan for extra air flow. We recommend selecting your booking dates with full consideration of the seasons as we do not offer refunds/cancellations for weather. In summer temperatures can exceed 30 degrees, for this reason, we recommend you consider your dates carefully. Please note that we are unable to guarantee heating or cooling as the cabin is designed to be entirely off grid.
- EQUIPMENT AND FACILITIES
CABN’s are entirely off-grid. We therefore cannot guarantee that you will
have all essential services such as water, heat, gas and power during your stay and we recommend that you bring your essentials with you. Upon staying in a CABN, you acknowledge that you may be required to change a gas bottle where necessary.
Should an issue or some other situations occur that renders a non-essential element
unusable, CABN does not take responsibility for replacing or refunding you for not
being able to use these facilities. The equipment and facilities referred to include (but are not exclusive to) such items such as a gas stove, toilet system, water saving shower, fridge, running water and BBQ. We ask that you please report any inoperative or defective equipment to CABN via the contact methods provided in the guest instructions. We will make every reasonable effort to have repairs made as soon as possible. While every attempt will be made to ensure that all the advertised equipment and appliances are in working order at the commencement of a rental period, no reduction of rent, rebate, or refund will be issued for a mechanical failure of any appliances.
Fire seasons in Australia and daily conditions are documented in media, local radio, and the internet. It is up to the guest to make themselves aware of these warnings and act accordingly. Fire ban dates vary between regions, commencing as early as 1 November and finishing as late as 30 April. It is safest to assume that all open flames outside are prohibited during these dates. In the case of extreme or catastrophic fire danger, we reserve the right to cancel a booking and re-book you for another time.
There are firepits on each site and we ask that you burn in accordance with local fire regulations. It is your responsibility to be aware of any current or out of season burning bans. Please do not collect firewood from the site or its surrounding property or cut down any trees. Firewood is BYO and can be pre-purchased at selected locations and is provided at CABN. Any guest who lights a fire during either a fire ban period, or after they have been instructed not to by CABN, could be removed from the property and will not be refunded any portion of their stay. Their details may also be forwarded to the relevant authority. All campfires must be contained within the designated firepit area and you are responsible for complying with local fire regulations and general safety considerations (including observing total fire bans). If it is windy, guests must not light a fire under any circumstances. Even when campfires are permitted, you must do everything you can to ensure the safe enjoyment of the campfire, and that you do not create any risks to property, people and animals (including, but not limited to the cabin, the property and neighbouring properties).
- TOILET USE
If you do not follow the instructions relating to the compostable or septic toilets, CABN reserves the right to charge for any costs associated with restoring and cleaning the toilet. This includes a $500 repair and servicing charge for placing any sanitary or other products (other than toilet paper) down the toilet.
We lease land from unique, private landowners in Australia. Occasionally leases end and we may need to move our cabins to a new location. CABN reserves the right to move any cabin at any time. This should not affect your stay, only the location could slightly differ.
- DAMAGE, FARM STAYS & SITE CONSIDERATIONS
Please note that you are liable for any damages caused by you or your accompanying party. This includes damage to the CABN, surrounding land, landowner assets, such as vines, damage to or loss of animals (including both wildlife and livestock) and/or failure to properly exit the cabin (e.g. failure to close windows, lock the door etc). CABN’s are located on working farms and vineyards, which means there is a chance you will come into contact with live machinery, such as harvesters, work vehicles or sprayers. Should you come into contact with moving machinery or winery vehicles, you are to exercise caution and give way to all machinery. Do not exceed a speed of 10 km/h whilst on the property and navigate with caution. When on site, you are only permitted to travel on the designated roads and walk only upon the designated walking trails.
You are not permitted to walk through the vines or interfere with machinery and winery employees. When working through times of vintage, where winemakers are working on a 24/7 roster you may encounter harvesters and machinery operating at night through to early hours of the morning. CABN frequently keeps in contact with landowners and make their best efforts to cancel or move guest bookings should vineyard maintenance occur however this can’t always be guaranteed.
- PREPARATION FOR ARRIVAL
You are expected to familiarise yourself with CABN’s policies and get in touch with our customer service team at [email protected] if you have any queries before checking in. Please read the guest instructions before you unpack. You are responsible for any potential damages occurred by yourself, or any guests travelling with you.
All bookings are for twin share and one bed will be made up for your arrival. If you require extra beds to be made up in CABN’s that have more than one bed, you must inform CABN prior to your stay.
- CHECK IN
Check-in is from 3:00pm. Note that the CABN’s are not always easy to find, please try to avoid arriving after dark. You must follow the supplied route and park in the designated area. You must not attempt to drive off the supplied route and you will be responsible for all losses or damages caused if you do not follow the directions supplied. Roads or tracks not designated become very muddy, and if damaged you forfeit your bond.
- CHECK OUT
You should leave the CABN before or by no later than 11:00am. Our cleaners and service team require access to the property from 11:00am as they are operating on strict schedules.
On the day of your departure, please leave the CABN clean and tidy with all waste removed from the property. This includes, the bin liner, bottles, recycling, food scraps, newspapers, magazines or tissues. Food scraps or cigarette butts must not be thrown anywhere on the property, as they may endanger some of the “locals”. You are on private property so any rubbish removal will incur a clean-up and removal fee of $85. Please wash and dry all your dishes and wipe down the BBQ if used during your stay. Our team will be in to change all bedding.
Please lock the CABN and make sure that you have all your personal belongings.
Please leave by pre-approved route only. You may not drive to the CABN to load your vehicles.
- NUMBER AND IDENTITY OF GUESTS
The guest is to inform CABN of the number of guests in the booking and may be required to pay for any additional guests, if the number exceeds two. There is an exception for kids under 12.
Individuals booking a reservation as a gift are encouraged to use the contact information of the person they are giving the voucher to, otherwise they assume the responsibility of relaying all reservation instructions and details to their client.
- MINIMUM AGE
All minors must be accompanied by a parent or legal guardian. Guests are required to use a credit card in their own name in order to book a cabin. Strictly no illegal substances are allowed and no underage drinking is permitted at the property. CABN will not be held responsible for underage drinking. Violations of this policy will result in immediate removal from the premises without refund and the involvement of law enforcement if required.
Guests are welcome to bring their dogs to the dog friendly CABN’s only, however, should any damage be caused by their pets to the cabin, its fixtures, or any assets on the property the guest is to rectify all damages at CABN’s discretion. Sorry no cats.
- PHONE AND INTERNET
No phone or internet services are provided by CABN. Guests may have phone range, depending on carrier and location.
There is no smoking in the CABN and any butts outside of the CABN must be disposed of responsibly. Do not leave butts anywhere on the property or you will incur a removal fee.
- VISITORS TO SITES
Visitors (people not sleeping at the premises) of guests are permitted on sites and must vacate the premises before 10pm each evening. There is strictly no camping in tents, swags, campervans or caravans allowed at a CABN site.
Noise is to be kept to a minimum and any music played is restricted to background levels only (that is, only audible in the immediate vicinity of the speaker).
CABN can remove guests or visitors at its discretion and at any time should behaviour or actions include the following:
- Not following the Booking Terms and Conditions
- Ignoring requests to reduce excessive noise (music or otherwise)
- Ignoring the restrictions on visitors
- Exceeding the capacity of the facility or accommodation
- Behaviour posing a nuisance to CABN staff, other guests or neighbours
- Incidents which result in the police responding to the premises
- Any other behaviour deemed to be inappropriate by CABN staff
The client agrees to read the guest instructions prior to or upon entry to the CABN, providing a basic understanding of the CABN, the appliances and the rules. It is the guest’s responsibility to read over the Terms and Conditions prior to booking.
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
- APPLICABLE LAW
The laws of South Australia govern these Booking Conditions to the fullest extent allowable. Nothing in these Booking Conditions, including this clause 24, affects your rights as a consumer to rely on any applicable local laws.