TERMS & CONDITIONS

Last updated on 11 November 2024

Welcome to Black Cabins!

In these terms, by “Black Cabins” refers to Black Cabins, trading as a division of Pretty Hungry Enterprises Pty Ltd ABN 72 118 984 240. Black Cabins is also referred as “our”, “we, or “us”.

These terms apply when you use the Blackcabins.com.au (Website), including if you use it to book a stay at one of our cabins.

Please let us know if you have any questions about these terms, and don’t book a Stay unless you have read.

Once you place a Booking (defined in clause 1(a), these terms automatically apply to your Stay. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or go to finalise your booking. You can check the date at the top of this page to see when these terms were last updated.

1. Booking a Cabin

(a) By submitting a booking for a Stay using our Website (Booking) you agree and warrant that:

i. you have the legal capacity and are over the age of 18; and

ii. you are authorised to use the debit or credit card you provide with your Booking.

(b) Black Cabins will provide you with access to:

i. the cabin set out in your Booking (Cabin);

ii. the other items set out in your Booking (Infrastructure); and

iii. the area of land surrounding the Cabin, as set out in your Booking (Land),

(c) in accordance with the dates and times in your Booking (together, your “Stay”). The Infrastructure includes the Cabin.

(d) Submitting a Booking constitutes your intention and offer to enter into these terms, where we will provide you with the Stay in exchange for your payment of the total amount listed in your Booking upon checkout (Fees).

(e) These terms become binding between you and Black Cabins when we approve your payment and you receive an email from us confirming that your Booking is being processed.

2. You and your guest

(a) These terms and your Booking form a contract between you and us, subject to clause 1.

(b) In your Booking you agree to inform us how the total number of guests that with stay with you during your Stay (Guests).

i. the Guests are informed of the contents of these terms and that they comply with them; and

ii. the number of people at the Cabin never exceeds the number of Guests in your Booking.

(d) In accordance with clause 16.5, you may not assign this contract, or your Stay, to any other person without our prior written consent.

e) If we consent to you transferring your Stay to another person, this consent may be subject to certain conditions, including:

i. us requiring that person to agree to these terms; and

ii. holding your credit card on file in accordance with clause 6.2, as if you were the person completing the Stay, and charging to your credit card any amounts owed to us by the person who replaces you.

3. Your stay

(a) The period of your Stay will be the time between the check-in time (on the check-in date) and the check-out time (on the check-out date) as set out in your Booking (Stay Period).

(b) Black Cabins grants you, for the Stay Period a non-exclusive licence to enter, use and occupy the Cabin and the area surrounding it (as specified in the map included in your Booking) (Cabin Area), and including a right to stay in the Cabin for the number of nights specified in your Booking.

i. access any part of the Land that isn’t the Cabin Area; or

ii. stay overnight in any area on the Land other than inside the Cabin.

(d) You acknowledge and agree that legal possession and control remains at all times with the owner of the Land, who has licensed parts of the Land to us, (Owner) and this licence does not operate as a demise or constitute any contract of tenancy.

4. Prior to arrival

(a) You agree to provide us with all documentation, information and assistance we reasonably require, including any such information required to verify your identity.

(b) We will provide you with instructions and information regarding your Stay (which will be provided at least 48 hours before the beginning of your Stay) (Pre-Arrival Instructions).

(d) You warrant that you:

i. will read the Pre-Arrival Instructions and any other information, rules, directions or policies that are sent to you before or during the Stay Period; and

ii. will ensure that all Guests will:

A. also read the Pre-Arrival Instructions and Handbook; and

B. comply with the Pre-Arrival Instructions and Handbook.

5. Obligations during your stay

5.1 You agree to, throughout the Stay Period:

(a) comply with the Pre-Arrival Instructions, any rules (as notified to you), and all applicable laws, rules and regulations;

(b) act respectfully towards the Land and the Owner;

(d) operate the sauna and hot tub as directed should you stay in Cabin 2;

(e) remain in the Cabin Area, and not access any other part of the Land;

(f) respect local wildlife, and not approach any animals on the Land; and

(g) only use the Infrastructure in a proper and skilful manner.

5.2 You agree not to, during the Stay Period:

(a) smoke inside the Cabin, or within 10 metres of the Cabin;

(b) litter on the Land;

(d) engage in any illegal, unruly, disruptive or disruptive behaviour;

(e) install any other items in or carry out works to the Cabin Area, or make any material change to the area;

(f) do anything on the Land which creates an unreasonable amount of noise, or other disturbance to the Owner. For the purposes of this clause, any noise that is audible to the Owner between the hours of 10pm – 8am will be considered unreasonable;

(g) do anything on the Land which, in our reasonable opinion, may become a nuisance, disturbance, obstruction, or cause damage, either to us, the Owner, owners or occupants of neighbouring land, or to any other person; or

(h) breach any applicable laws, rules or regulations, including any decision or recommendation of a government authority in relation to COVID-19 (including recommendations in relation to social distancing);

(i) use any part of Infrastructure:

i. for any purpose other than its intended purpose; or

ii. other than in accordance with the Pre-Arrival Instructions or Handbook;

(j) move, make alterations to, affix anything to, or install any accessories in relation to the Infrastructure;

(k) use the Infrastructure for any dangerous or illegal purpose;

(l) use or allow any part of the Infrastructure to be used while the operator is under the influence of alcohol or drugs;

(m) use the Infrastructure when it is damaged or unsafe; or

(n) sub-hire the Infrastructure;

(o) start any fire other than a campfire (and a campfire is only permitted if this is stated in your Booking);

(p) start any campfire if:

a. we have instructed you not to;

b. there is any fire ban in place applicable to the Land; or

c. the Fire Danger Rating is very high, severe, extreme or catastrophic;

(q) start any campfire outside the designated campfire area (as specified in the Pre-Arrival Instructions and Handbook);

(r) dispose of rubbish in a campfire; or

(s) leave any fire unattended, or improperly extinguished.

5.3 Property

Black Cabins will not be liable to any person for any loss of, or damage to, personal property that:

(a) is left in the Cabin or the Cabin Area after the Stay Period;

(b) stolen from the Cabin or the Cabin Area during the Stay Period; or

5.4 Check-out

(a) At the end of your Stay, you agree to:

i. follow all the check-out instructions set out in the Handbook;

ii. make good the Cabin Area by ensuring it is in the same condition as it was in at the start of the Stay Period (fair wear and tear excepted);

iii. take all your rubbish with you; and

iv. make sure you don’t take any items from the Cabin or the Land that don’t belong to you.

(b) If you fail to comply with any of clauses set out 5(4)(a), we reserve the right to charge you a referable fee for cleaning the Cabin, or replacement of any item.

5.5 Pets

(a) You agree not to bring any animals onto the Land.

6. Payment

(a) All prices on our Website are in Australian Dollars, and subject to change prior to you completing a Booking, without notice.

(b) Unless otherwise agreed in writing, you agree to pay the Fees at the time you place your Booking.

(c) Using our current Payment Provider (defined in clause 6.4(c)), we reserve the right to take a credit card pre-authorisation at the time you pay Fees, and you agree to complete a credit card pre-authorisation form to effect this.

(d) In addition to any credit card pre-authorisation amount, you authorise us to:

i. keep your credit card details on file, including by means of the Payment Provider; and

ii. use your credit card details to charge you for any amounts owed to us by you.

(e) We will be entitled to deduct amounts from your credit card towards satisfaction of any amounts payable by you in accordance with these terms, or towards satisfaction of any amount which may be payable for any breach of these terms, by you or another Guest.

(f) Additional amounts charged to you may include the following (Expenses):

i. the costs of replacing any food or beverages in the Cabin which you take during your Stay;

ii. full costs of repairing or replacing the Cabin, the Infrastructure or other items that are lost or damaged by you or another Guest;

iii. all costs incurred by us in recovering possession of any lost Cabin or Infrastructure;

iv. excess cleaning or repair costs for the Cabin if you or another Guest do not comply with clause 5.6;

v. costs incurred in relation to the number of Guests exceeding the number permitted;

vi. costs of repairing any facilities if you or a Guest do not comply with clause 5.1(a); and

vii. any expenses and legal costs (including commission payable to a commercial agent) incurred by us in enforcing these terms due to your default.

(g) Us deducting any amount from your credit card will not be deemed to be a waiver of any right, or release in relation to any breach by you;

(h) We may issue an invoice to you for payment of any Expenses after the Stay Period.

i. If we issue an invoice under clause 6(h), you agree to pay the amounts specified in such invoice, before the due dates set out in the invoice;

(j) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you agree to pay the GST subject to us providing a tax invoice.

(k) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, or American Express).

(l) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments, including Stripe.com. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. Stripe’s terms and conditions are available here: https://stripe.com/au/legal

(m) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Booking was made, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Booking at the correct price, or cancelling your Booking. If you choose to cancel your Booking and payment has already been debited, the full amount will be credited back to your original method of payment.

7. Gift cards

We may issue gift cards for use in our Website. Gift cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you. Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else.

8. Website

(a) We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

(b) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

i. the Website will be free from errors or defects (or both, as the case may be);

ii. the Website will be accessible at all times;

iii. messages sent through the Website will be delivered promptly, or delivered at all;

iv. information you receive or supply through the Website will be secure or confidential; and

v. any information provided through the Website is accurate or true.

(c) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

9. Booking Amendments

(a) We reserve the right to cancel your Booking for any reason and will notify you of this as soon as possible.

(b) If we cancel your Booking before the beginning of the Stay Period, we will try to reschedule with you and find an appropriate replacement date.

(c) If we’re not able to reschedule with you, and if payment has already been debited, the full amount will be credited back to your original method of payment;

(d) You may cancel your Booking up to the time that we confirm your Booking in accordance with clause 1(e). Once we confirm your Booking, your Booking is binding and cannot be changed by you, other than in accordance with our refund process in clause 10 (if applicable), or clause 7.2(b).

(e) You must make all requests to change or cancel your Booking via email to us.

(f) If you cancel a Booking on a date:

a. more than 21 days before your check-in date, we will provide you with a full refund of any Fees paid by you (less any payment processing fees incurred by us), if requested;

b. less than 21 days prior to the check-in date, but more than 10 days prior to the check-in date, we will provide you with a refund of 50% of the Fees paid (with the remaining 50% being retained by us as a cancellation fee); and

c. Less than 10 days prior to the check-in date, you will not be entitled to any refund, unless your Stay is not of an acceptable quality in accordance with the ACL.

10. Refunds

(a) We do not offer refunds for no-shows, change of mind, or if you or any Guest does not stay in the Cabin for the entire Stay Period.

(b) We will provide a full refund of the Fees paid for your Stay if we determine that:

i. your Cabin was not substantially the same as what you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality).

11. Third party suppliers

(a) We may do any of the following:

i. outsource any part of performing any services related to your Stay; or

ii. procure materials and products from third party suppliers, without further notice to or permission from you.

(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Booking, or are negligent in providing services or products.

(c) If your Stay, or any other product or service we provide to you, requires us to acquire goods and services supplied by a third party, those goods or services may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.

(d) You agree to any Third Party Terms applicable to any goods and services supplied by a third party that you or us acquires as part of your Stay and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

12. Liability & Warranties

To the maximum extent permitted by law, our liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with our Website, your Stay or these terms:

(a) is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)); and

(b) is limited, insofar as it concerns other liability, to the total money paid to us in connection with these terms as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).

(c) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in these terms are excluded.

(d) Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

13. Liability & Warranties

You agree at all times to indemnify and hold harmless Black Cabins, and its officers, employees and agents, and the relevant Owner of the Land (“those indemnified“) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by you, your officers’, employees’ or agents’, or any other Guests’:

(a) breach of any of these terms;

(b) use of the Website;

(d) acts or omissions during your Stay; or

(e) negligent, fraudulent or criminal act or omission.

14. Force Majeure

(a) If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:

i. reasonable details of the Force Majeure Event; and

ii. so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.

(b) Subject to compliance with clause 16(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(c) The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.

(d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:

i. act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;

ii. strikes or other industrial action outside of the control of the Affected Party;

iii. war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or

iv. any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.

15. Termination

(a) Notwithstanding any other clause in these terms, we may terminate your Booking immediately, and retake possession of the Cabin, the Infrastructure and the Land, if we reasonably suspect that:

i. damage to the Cabin, the Infrastructure or the Land or injury to any person in connection with your Stay is reasonably likely; or

ii. the Cabin, the Infrastructure or the Land may be used for an unlawful purpose.

(b) Either party (Non-Defaulting Party) may terminate your Booking immediately by written notice to the other party (Defaulting Party) if the Defaulting Party:

i. is in breach of these terms and either:

A. fails to remedy such breach within a reasonable time of receiving notice from the Non-Defaulting Party requiring it to remedy such breach; or

B. that breach is not capable of remedy; or

ii. ceases, suspends or threatens to cease or suspend to conduct its business; or

iii. becomes subject to any form of insolvency or bankruptcy administration.

(c) The expiration or termination of this agreement will not prejudice any accrued rights or liabilities of either party, nor excuse either party from a breach of this agreement occurring prior to expiration or termination of this agreement.

(d) Upon your check-out or earlier termination of this agreement:

i. you agree to pay any amounts owed to us as at the date of termination;

ii. if termination occurs during the Stay Period, you agree to immediately vacate the Land, and ensure all Guests also vacate the Land; and

iii. you agree to return all property of ours back to us.

16. Communication & Notice

(a) A notice or other communication to a party under this agreement must be:

i. in writing and in English; and

ii. delivered via:

A. in the case of us giving you a notice, text message, to the mobile phone number you provide us in your Booking, or any other mobile phone number you provide to us; or

B. email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

i. 24 hours after the email was sent; or

ii. when replied to by the other party,

whichever is earlier.

17. Governing Law & Jurisdiction

(a) This agreement is governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum;

(b) No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver;

(c) Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

(d) An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

(e) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

(f) Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

(g) This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

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