Terms and Conditions

Thanks for choosing us for your stay!

MIRUMIRU BUBBLETENT PTY LTD (ABN 48 638 032 505) (we, us or our) offers to enter into this agreement with the person making the booking (you or your) to enable you and Your Guests to stay in one of our clear bubble tents (each a Tent) and use the designated facilities on the property where the Tent is located (each a Property) (the Facilities), on the terms and conditions set out herein.

This Agreement is entered into between us and you, together the Parties and each a Party, and will continue from the time that your booking is made until the time of check-out.

Background

You are looking for a quiet and relaxing place to escape.
We run a glamping business which allows you to stay, for short periods of time, in one of our clear bubble tents that are semi-permanently set up in picturesque natural locations.
The benefits of staying in one of our Tents includes sleeping under the stars, while experiencing the comfort of staying in a small eco-friendly house.
This Agreement sets out the terms and conditions on which we will make these stays available to you.

Acceptance of this Agreement
- 1.1 You accept this Agreement by submitting a booking through our Site, including any affiliated booking platform.
- 1.2 By accepting this Agreement, you agree, represent and warrant that:
  - (a) you will comply with this Agreement, our reasonable requests or requirements, and all applicable Laws;
  - (b) all information and documentation that you provide to us in connection with this Agreement and your booking is true, correct and complete and that we will rely on such information and documentation;
  - (c) you have legal capacity to enter into a legally binding agreement and are at least 18 years of age;
  - (d) Your Guests are or will be 7 years of age or older at the time of the stay; and
  - (e) you have authority to act on behalf of any person or entity for whom you are making this booking and accepting this Agreement, and you are deemed to have agreed to this Agreement on behalf of any person or entity for whom you make the booking.
Booking confirmation
1. Once made, your booking must be accepted by us before you to be entitled to stay with us in accordance with this Agreement.
2. We agree to use best endeavours to accept or decline your booking within 48 business hours of the booking being made. This will enable us to deal with any accidental double bookings and give you an opportunity to update your card details where payment to us has not been successful.
3. Where we are unable to accept your booking and you have paid us the Fees, we will, within a reasonable time, refund, in full, any Fees paid by you to us.
Check-in and Check-out times
1. Check-in is no earlier than 3pm and check-out is no later than 10am on the agreed dates. These times must be strictly adhered to, unless agreed otherwise agreed by us in writing.
2. Closer to the date of your stay, we will provide you with further information about check-in, check-out and the details of your stay.
Minimum length stay
1. A two-night minimum stay applies to all weekend bookings and single night stays apply at our discretion, and this may be increased (as set out on our Site and confirmed in the booking process) where your stay is during a period of high demand (for example, during school or public holidays).
Capacity Limits
1. You agree to comply with any capacity limits specified in this Agreement.
2. The maximum number of guests, in total and including any children, is:
  - (a) (5 persons) (2 adults, 3 children only – maximum combined weight of 200kgs)
3. Camping anywhere on the Property outside of the Tents is strictly prohibited.
Booking changes
1. Subject to clause 6.2 of this Agreement, you may request a variation or change to a booking, including a change to the date of your stay or the Tent (for example, if Your Guests increase in number beyond the capacity of the Tent that you have booked), by providing written notice (including by email) to us, with details of the variation or change, (Change Request).
2. We will not be obliged to comply with a Change Request unless:
  - (a) you pay us, at the time of us accepting the Change Request:
    1. any additional amount associated with the Change Request (for example, the difference in Fees where you are moving to a larger/upgraded Tent); and
    2. the administration fee of $200 (Administration Fee); and
  - (b) we accept the Change Request and notify you that this is the case.
3. Where an accepted Change Request results in a decrease in the total amount payable by you under this Agreement, we will, within a reasonable time of accepting the Change Request, refund you the difference minus any Administration Fee.
Booking cancellations
1. Cancellations must be made in writing to [email protected].
2. Where a cancellation is made more than 30 days before the date of check-in, we will, within a reasonable time of cancellation, refund you the refundable amounts paid by you to us under this Agreement.
3. Where a cancellation is made less than 30 days before the commencement of your stay, you agree that the Fees will not be refundable. You further agree that the amount of the Fees is a genuine pre-estimate of the costs that would be incurred by us in the circumstances, as it is unlikely that will we be able to rebook the Tent in such a short period of time.
Weather and access complications
1. You are responsible for ensuring that you will be able to journey to and from the Property (for example, checking for any road closures etc.) and for being prepared for all weather (including wind and rain).
2. To the full extent permitted by law and provided the Property is able to be safely used, if you or any of Your Guests are unable or do not wish to attend the Property (whether on time or at all) due to weather or access complications (including any road closures due to snow or bushfire threat), then we are not obliged to refund to you the Fees. In those circumstances, we may permit you to apply the Fees towards another booking in the future.
Unforeseen circumstances
1. You agree that we will not be liable to you for any delay or failure to perform our obligations under this Agreement to the extent caused by an Unforeseen Event.
2. If an Unforeseen Event occurs, we may suspend or terminate this Agreement (and cancel the booking) by written notice to you. If we terminate this Agreement in these circumstances, we will, within a reasonable time, refund any amounts paid by you to us under this Agreement.
Fees
1. The Fees for your stay are a fixed amount per night, as specified on our Site (and confirmed by you as part of the online booking process). The Fees are inclusive of all taxes (including GST) and exclusive of any merchant fees.
2. The Fees must be paid at the time of making a booking.
3. The Fees will differ depending on the Tent and Property that you select as part of the booking process.
Bond
1. We will require a security deposit of one night’s stay. This must be paid on the day of check in.
2. The Bond will be released in full after your stay is complete and we have had an opportunity to inspect the facilities, provided that the Property, Tent and Facilities have been left by you in the condition that they were in on your arrival (subject to ordinary wear and tear).
3. You agree that you are liable for all costs arising from or in connection with any additional cleaning that is required as result of your stay (including where this is to meet government regulations), and any loss or damage that occurs to the Property, Tent or Facilities during your stay (including as a result of items provided to you for use during your stay, going missing).
4. If there has been damage caused to the Property, Tent or Facilities, additional or particularly intensive cleaning is required, or items are missing which need to be replaced, you authorise us to use as much of the Bond as is necessary to repair the damage or replace any such items.
5. Where the Bond is insufficient and does not cover the whole of the cost of repairing the damage and/or replacing the missing items, then you authorise us to debit your credit or debit card the balance for all costs and charges incurred by us and for any other liability owed by you to us under this Agreement.
Payment
1. You agree to pay us:
  a. the Fees;
  b. the Bond; and
  c. any other amount payable to us under this Agreement, in accordance with the Payment Terms.
  Payment Terms
2. All payments must be made by credit or debit card, unless agreed otherwise.
3. You authorise us to automatically direct debit any amounts payable to us by you under this Agreement from the card that you provide the details of in the booking process, in accordance with the terms of this Agreement.
4. You agree to complete a direct debit request form and/or direct debit request service agreement (if required), which may be provided by us or by a third-party provider on our behalf.
Refunds
1. You acknowledge and agree that any amount to be refunded to you under this Agreement will be refunded to the card that was used to make the relevant payment.
2. You further acknowledge and agree that certain amounts (for example, merchant fees) may not be refundable as they are not within our power to refund.
Loss and damage
1. You must promptly notify us of any loss or damage to the Property, Facilities or Tent. You agree to allow us reasonable access to the Property, Tent and/or Facilities to repair any damage.
2. You agree and acknowledge that the Tents are not secure and that you will need to take this into account when deciding what to bring onto the Property, and keep in the Tent, during your stay. To the full extent permitted by law, we will not be liable for any loss or damage to personal effects or articles or other belongings brought onto the Property by you, or Your Guests, whether before, after or during your stay.
3. You agree that you are responsible for all acts and omissions of Your Guests occurring in or about the Property. You indemnify us from and against any Liability arising from any negligence or wilful act or omission of you or Your Guests.
Access to the Property
1. You agree that a booking is a limited licence granted by us, to you, to occupy and use the Property, Tent and Facilities for the duration of your stay. This licence is subject to your compliance with terms and conditions of this Agreement.
Our rules
1. Conduct: You must ensure that you and Your Guests act in a responsible and lawful manner at all times and you must ensure that you, and Your Guests, comply with our directions and instructions while on the Property.
2. Children: All of Your Guests must be 7 years of age or older at the time of your stay. If you bring children onto the Property, you must ensure that they are supervised at all times while they are on the Property.
3. Facilities: Limited cooking facilities such as a small solar-powered fridge, stove and fire pit will be available for your use during your stay, subject to fire restrictions. Please note that while a fire ban applies, you will not be able to use any Facility that has or involves an open flame. Each Tent is accompanied by a toilet and standalone wash facilities, which you may, subject to water restrictions, make use of during your stay.
4. Water restrictions: The Tents and Facilities are off the gird, so we ask that you strictly adhere to the following water restrictions. You will have a maximum of 250 litres of water available for your use during your stay (includes for taking baths/showers and doing any washing up). An additional 5L will be available for hand washing. Once this water has been used, you acknowledge that there will be no further access to water on the Property during your stay.
5. Electricity and use of appliances: Each Tent is solar powered and so the supply of electricity to the Tents is limited. You will not be able to plug in and/or recharge any of your own appliances or devices, with the exception of one mobile phone at a time. To make your stay more comfortable and reduce the need for you to bring items from home, we will provide items such as fully charged rechargeable speakers and tent-approved electric blankets for use during your stay. Please have a look at our Site and/or reach out to us if you would like to know more about the items that will be available.
6. Moving and making alterations to the set up: Please do not move or change any part of the Property, Tent or Facilities. This includes moving the firepit to a different location and any other such changes.
7. Third party services (photography, catering etc.): Unless expressly permitted by us, please do not invite onto the Property, for any amount of time during your stay, any third-party services (such as professional photographers and caterers). The stays are designed for small parties to enjoy a quiet and relaxing getaway and are not appropriate for hosting parties or events. If you would like to capture a special moment, we can offer you the services of a local professional photographer that we have partnered with. Please reach out to us if you would like to know more.
8. Fires and fire bans: The Property may be located in a high-risk fire area and so it is your responsibility to make sure that any fire rules, regulations and bans are strictly complied with by you and Your Guests at all times during your stay.
9. Animals: The Property may be home to a number of animals, including both farm and wild animals. We ask that you exercise caution while on the Property and that you do not touch the animals or do anything that might antagonise or terrorise the animals. This is for your safety but also the wellbeing of those animals. When outside of your Tent in the evenings, please exercise particular caution.
10. Pets: No pets are allowed in the glamping sites or in the Bubbletent or Tiny Bubble Tent.
11. Medical conditions: When making a booking, you must let us know if you or any of Your Guests has a medical condition that might affect their ability to participate in an/or enjoy their stay.
12. Disposal of rubbish: Please make sure that all rubbish and other items brought onto the Property are either disposed of using the facilities available or taken with you when you leave. The Property should be in the same condition as you found it when you leave.
13. Smoking: Smoking is strictly prohibited in the Tents and everywhere on the Property.
14. Driving: When driving on the Property, you must abide by all Laws as if you were driving on a public road. You must only drive on the cleared access ways and park in the designated areas. Off road driving is strictly prohibited on the Property and the maximum speed limit anywhere on the Property is 5 kilometres per hour.
15. Noise: Please be respectful and ensure that noise is kept to a reasonable level at all times during your stay. While the Property is fairly removed from neighbouring properties, other guests may be staying elsewhere on the Property and your noise levels should not disturb them or the animals (including the local wildlife). Please be aware that because there are animals and wildlife on the Property, you are likely to hear lots of animal sounds during your stay (for example roosters and other animals that like to wake up early or are awake during the night).
Removal and/or exclusion of guests
1. We reserve the right to exclude or eject, without liability, any person from the Property, for all or part of their stay, where, in our opinion, person is drunk or under the influence of illegal drugs or is acting in a manner that is offensive, abusive, dangerous, violent or threatening, or in breach of this Agreement.
Privacy
1. You may only disclose Personal Information in your control to us, if:
  - (a) you are authorised by Privacy Laws to collect the Personal Information and to use or disclose it in the manner required by this Agreement;
  - (b) you have informed the individual to whom the Personal Information relates, that it might be necessary to disclose the Personal Information to third parties; and
  - (c) where any Personal Information is Sensitive Information, you have obtained the specific consent to that disclosure from the individual to whom the Sensitive Information relates.
2. We agree to handle any Personal Information you provide to us, solely for the purpose of performing our obligations under this Agreement and in accordance with any applicable Laws (and our Privacy Policy).
Your statutory rights
1. Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL.
2. You agree that our Liability for the Services is governed solely by the ACL and this Agreement.
3. Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services are provided to you without warranties, representations and guarantees of any kind, unless expressly stipulated in this Agreement.
4. Subject to your Statutory Rights and unless otherwise specified in this Agreement, all amounts paid by you for the Services are non-refundable.
5. This clause 20 will survive the termination or expiry of this Agreement.
Limitation of Liability
1. Despite anything to the contrary, to the maximum extent permitted by law:
  - (a) neither Party will be liable for Consequential Loss;
  - (b) a Party’s liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure to mitigate; and
  - (c) our aggregate liability for any Liability arising from or in connection with this Agreement will be limited to the amount of the Fees paid by you to us under this Agreement.
2. You agree, represent and warrant that:
  - (a) you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by us in relation to the goods or services or their use or application; and
  - (b) you have the sole responsibility for satisfying yourself that the goods or services are suitable for your use.
3. This clause 21 will survive the termination or expiry of this Agreement.
Your assumption of risk, release and indemnity
1. Your use of the Property, Tent and Facilities is entirely at your own risk.
2. You assume full and complete responsibility and liability for any injury or accident which may occur during your stay, while you or Your Guests are on the Property or while you or Your Guests are travelling on, to or from the Property.
3. You acknowledge and agree that:
  a) the Property is a rural property with dams, machinery, animals (some of which are wild) and unsealed roads;
  b) paths and access ways to Facilities may not be fully illuminated at night;
  c) the Property has natural hazards and uneven terrain;
  d) the Property contains:
  1. unfenced dams at the top and middle of the Property with a billabong (spring fed creek) in the middle of the property and adjacent to Campsite 4; and
  2. large granite boulders,
  
  which you should exercise particular caution when using or near; and
  e) you and Your Guest’ presence at the Property carries certain inherent risks and dangers that cannot be eliminated completely and which could result in death or injury to you or Your Guests.
4. You represent to us that you and Your Guests are in good physical condition, are able to safely experience your stay, and do not have any medical conditions that would make your or Your Guests’ stay more hazardous.
5. You acknowledge that the Property is a rural property and that this means it may take longer than usual for medical assistance to arrive (compared to metropolitan areas) and that this could mean that medical assistance does not arrive in time to prevent a person suffering death or permanent disability.
6. You represent to us that you and Your Guests have evaluated the risks of any stay and have made the decision to accept the risks in selecting the Property and proceeding with the booking.
7. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
  (a) you or Your Guests’ acts and omissions;
  (b) any claim, loss, liability, charge, cost or expense caused or contributed to from any act or omission of you or any of Your Guests;
  (c) any claim, demand, suit, action or proceedings arising in connection with the death or injury to you or any of Your Guests or for property damage or destruction suffered by you or Your Guests occurring on or about the Property or otherwise in connection with your stay; and
  (d) all loss or liability suffered or incurred by us arising in connection with your breach of any of the terms of this Agreement, or the failure to follow our directions made in good faith as to the safety or wellbeing of you or Your Guests.
8. To the full extent permitted by law, you indemnify us from and against those items specified in clause 22.7(b) to (d) above and you (and Your Guests’) acts or omissions which are negligent, constitute misconduct or are in breach of the terms of this Agreement.
General
1. Assignment: You must not assign or deal with the whole or any of its rights or obligations under this Agreement without our prior written consent. We may assign or transfer any right or obligation under this Agreement without your consent.
2. Entire agreement: This agreement, the terms of any booking and any waiver that we may require you to sign (and which is signed by you), constitutes the entire agreement between us and you in relation to their subject matter. Any prior arrangement, agreements, representations and undertakings are superseded and replaced by this Agreement.
3. Force of the agreement: This Agreement binds and benefits the parties and their respective legal personal representatives, successors and permitted assigns.
4. Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to this Agreement and their obligations under it.
5. Governing law: This Agreement is governed by the laws of Queensland, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
6. Indemnities: The indemnities in this Agreement are continuing obligations, independent of any other obligations under this Agreement. It is not necessary for us to incur an expense or make a payment before we enforce a right to indemnity under this Agreement.
7. Joint and several liability: Where you comprise of more than one person, then your obligations under this Agreement are joint and several.
8. Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions.
9. Waivers: A waiver is only effective if in writing and to the extent set out in that waiver.
Definitions
In this Agreement, unless the context otherwise requires, capitalised terms have the meanings given to them in this Agreement, the Schedule, and:

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time;

Agreement means these terms and conditions, all schedules (including the Schedule), annexures and attachments included, or referred to, in this agreement and the terms;

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise;

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with this Agreement or the provision of the Services, and includes the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth);

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise;

Personal Information is defined in the Privacy Act 1988 (Cth) and also includes any similar term as defined in any other privacy law applicable to you;

Privacy Laws means the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any privacy or anti-spam Laws

Privacy Policy means any privacy policy set out on our Site;

Sensitive Information is defined in the Privacy Act.

Site means the website located at www.mirumirububbletent.com.au;

Statutory Rights has the meaning given in clause 20 of this Agreement.

Unforeseen Events means any circumstances beyond Our reasonable control including, without limitation, industrial disputes, epidemics, pandemics, and Government sanctioned restrictions and orders, strikes, lockouts, accident, breakdown, acts of God, fire, floods, acts or threats of terrorism or war.

Your Guests means you, and your invitees/guests, employees, contractors, suppliers or agents.
Interpretation
In this Agreement, unless the context otherwise requires:

(a) a reference to this Agreement or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;

(b) a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;

(c) a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;

(d) no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;

(e) a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;

(f) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;

(g) a reference to time is to local time in New South Wales; and

(h) a reference to $ or dollars refers to the currency of Australia from time to time.

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