1.1 – Camp Site Dependent (We will notify you of these when responding to your booking)
2.1 – 100% of Prom Coast Eco Glamping price is required at time of booking. Any camp site deposit terms are site specific. We will outline these for you in our bookings availability email.
3.1 – Any Prom Coast Eco Glamping Cancellations / Changes to the booking must be made at least two weeks prior to the check-in date. These will incur a $50 administration fee.
3.2 – Any Cancellations made with less than two weeks to the check in date will be refunded 50% of the total amount.
3.3 – Any camp site Cancellations / Changes are site specific. We will outline these for you in our bookings availability email.
4. Lotus Belle Tent Fire/Stove
4.1 – The hirer is responsible for safe use of the provided Fire/Stove in the 5m Lotus Belle Tent per the instructions provided by Prom Coast Eco Glamping.
5. Weather Conditions
5.1 – In the event of extreme weather conditions we reserve the right to cancel or reschedule bookings to ensure the safety of our Glampers. We will provide as much notification as possible and a full refund will be provided in the event a rescheduled date cannot be arranged.
5.2 – In the event that weather conditions are unsuitable at your specific location, we will endeavour to provide options for you to relocate to a more suitable location.
6. Covenants Regarding Possession and use of the Tent and Inclusive Goods
6.1 – The Hirer must at all times:
(1) ensure that the Goods are kept in a secure location at all times when the tent is left unattended: A coded lock is provided to secure the tent.
(2) not smoke or permit smoking inside the Tent
(3) remove all waste material before the vacating the Tent at the end of hire
(4) not store inside the Tent any items which are likely to mark or tear the floor, or otherwise damage any part of the inside of the Tent.
(5) not allow any naked or open flame inside the tent at any time.
6.2 – The Hirer will be liable for any loss of, or damage to, the Tent or Inclusive Goods. The Hirer must give reasonable notice to the Prom Coast Eco Glamping in writing of any such loss or damage.
6.3 – The Hirer must only operate and maintain the Goods in accordance with recognised methods and standards for Goods of their type.
6.4 – The Hirer must not use the Tent or Inclusive Goods for any illegal purpose.
6.5 – The Hirer must comply in all respects with all applicable laws, regulations, requirements and rules reasonably necessary for the safe and lawful operation of the Tent or Inclusive Goods.
7. Damage, Accidents and Theft/Malicious
7.1 – In the event of an incident of theft or malicious damage, the Hirer must report such incident to the police and provide Prom Coast Eco Glamping with the police reference number.
7.2 – Prom Coast Eco Glamping will not be liable for any inconvenience, loss or damage whatsoever suffered by the Hirer due to any accident, theft or malicious damage involving the Tent or Inclusive Goods.
8.1 – The Hirer agrees to use, operate and possess the Tent and Inclusive goods at the Hirer’s risk.
8.2 – The Hirer acknowledges and agrees that the Prom Coast Eco Glamping will have no responsibility or liability for any loss or damage to any property of the Hirer.
8.3 – To the full extent permitted by the law, the Hirer releases and discharges Prom Coast Eco Glamping from:
(1) all claims and demands on Prom Coast Eco Glamping;
(2) any loss or damage whatsoever and whenever caused to Hirer whether by way of death, or injury to, any person of any nature or kind, accident or damage to property, delay financial loss or otherwise arising directly or indirectly from or incidental to a breakdown of, or defect in, the Tent or Inclusive goods or any accident to or involving the Tent or Inclusive Goods or their use, operation, repair, maintenance or storage (whether caused by the negligence of Prom Coast Eco Glamping or otherwise) or which may otherwise be suffered or sustained in, upon or near the Tent or Inclusive Goods.
8.4 – The Hirer assumes full liability for, and indemnifies and will keep indemnified, protected, saved and harmless Prom Coast Eco Glamping from and against any and all injuries, actions, proceedings, claims, demands, liabilities, losses, damages, costs, penalties and all expenses legal or otherwise (including court costs and legal fees reasonably incurred) and of whatsoever kind and nature (including claims based upon strict liability in tort):
(1) arising out of or alleged to arise out of the delivery, selection, purchase, acceptance or rejection, ownership, possession, use, repair, maintenance, storage, or operation of the Tent or Inclusive Goods, and by whomsoever used or operated (except where used by Prom Coast Eco Glamping or by any other person by or on behalf of Prom Coast Eco Glamping);
(2) incurred by Prom Coast Eco Glamping in respect of any loss of the Tent or Inclusive Goods by seizure, distress, execution or other legal process, confiscation or forfeiture of the Tent or Inclusive Goods; or
(3) arising out of any claim for patent, trademark or copyright infringement, for strict liability, or for any other reason being made against Prom Coast Eco Glamping in connection with the Tent or Inclusive goods or their operation.
8.5 – The Hirer must reimburse Prom Coast Eco Glamping for all and any costs, charges, expenses, fees, disbursements (including all reasonably legal costs on a solicitor and own client basis) paid or incurred by Prom Coast Eco Glamping of or incidental to:
(1) any breach, default or repudiation of the Agreement by the Hirer (including the fees of all professional consultants properly incurred by Prom Coast Eco Glamping in consequence of, or in connection with, any such breach, default or repudiation);
(2) the exercise or attempted exercise of any right, power, privilege, authority or remedy of Prom Coast Eco Glamping under or by virtue of the Agreement, including all amounts incurred in repossessing the Tent or inclusive goods from the Hirer under the Agreement and in enforcing the Agreement generally.
8.6 – The indemnities contained in this clause 8 will continue in full force and effect notwithstanding the termination of the Agreement whether by expiration of time or otherwise as to any act or omission relating to the Goods occurring during the continuance of the Agreement which at any time is claimed to have created a cause of action against Prom Coast Eco Glamping.
9. Ownership of the Hired Goods
9.1 – The Hirer acknowledges that during the Hire Period Prom Coast Eco Glamping retains full title to the Tent and inclusive goods subject only to the rights of the Hirer as a mere bailee of the Tent or inclusive goods with a right only to possess and use the Tent or inclusive goods in accordance with and under the Agreement.
9.2 – The Hirer does not have any right, option or obligation to purchase the Tent or inclusive goods and acknowledges that no representation to that effect, express or implied, written or oral, has been made by or on behalf of Prom Coast Eco Glamping to the Hirer at any time.
10. Hirers Warranties
10.1 – The Hirer represents and warrants to Prom Coast Eco Glamping that:
(1) If the Hirer is a corporation:
(a) it is duly incorporated under the Corporations Act 2001 (Cth) and has the power to carry on its business and full power and authority to enter into, observe and do all things required by, the Agreement;
(b) the person signing on behalf of the corporation is duly authorised to enter into the Agreement on behalf of the corporation and if in breach of this warranty, agrees that he or she shall be personally liable for performance of the corporation’s obligations;
(2) except as disclosed in writing to Prom Coast Eco Glamping and dispensed with in writing by Prom Coast Eco Glamping, neither the execution nor performance of the Agreement will:
(a) violate in any respect any Laws;
(b) conflict with or result in any breach of, or require any consent or approval under, any mortgage, agreement or other undertaking or instrument to which the Hirer is a party or which is binding upon the Hirer or any of the Hirer’s assets;
(3) except as disclosed in writing to Prom Coast Eco Glamping and dispensed with in writing by Prom Coast Eco Glamping, the Hirer is not in default or difficulty under any deed, agreement or other document or obligation to which it is a party or by which it is bound, or in respect of any financial commitment or obligation (including obligations under guarantees or other contingent liabilities), which default or difficulty is reasonably likely to adversely affect the ability of the Hirer to comply with its obligations under the Agreement;
(4) except as disclosed in writing to Prom Coast Eco Glamping and dispensed with in writing by Prom Coast Eco Glamping, no litigation or administrative or other proceedings before or of any court or governmental authority or agency or other tribunal have, to the knowledge of the Hirer, been initiated or threatened against the Hirer or any of the Hirer’s assets which would, might or have a materially adverse effect upon the business, assets or financial condition of the Hirer;
(5) the Hirer is not the trustee of any trust and accordingly enters into the Agreement on its own behalf and not as trustee of any trust.
11. Hiring Of Goods
11.1 – Subject to clause 10, Prom Coast Eco Glamping agrees to let the Tent and inclusive goods to the Hirer and the Hirer agrees to take the Tent and inclusive goods on hire, for the Hire Period on the Terms and Conditions set out in this document.
11.2 – Where the Tent and inclusive goods are hired on a Fixed Location Hire basis, Prom Coast Eco Glamping shall deliver the Goods to the Delivery Address on the Commencement Date and if necessary, ensure that the Tent and inclusive goods are installed, prepared and ready for use.
11.3 -The Hirer is entitled to the sole use and benefit of the Tent and inclusive goods for the Hire Period.
12.1 – Prom Coast Eco Glamping reserves the right to refuse hire to any persons.
12.2 – Prom Coast Eco Glamping may at any time grant a Security Interest in, assign or otherwise deal with the tent and inclusive goods or its right, title and interest pursuant to the Agreement.
12.3 – The Hirer must not, without Prom Coast Eco Glamping’s written consent, assign or grant a Security Interest in, the Agreement nor any of its rights or obligations under the Agreement.
12.4 – If any clause of the Agreement is found to be void, voidable or unenforceable, the validity and enforceability of the remaining clauses will continue in full force and effect and will not in any way be affected or impaired.
12.5 – Time is of the essence of the Agreement, in particular the payment of amounts owing.
12.6 -The Hirer must at its expense do any further act and execute any further documents which Prom Coast Eco Glamping may reasonably request in order to protect the Prom Coast Eco Glamping’s title and Prom Coast Eco Glamping’s rights, powers and remedies under the Agreement.
12.7 – The Agreement will be constructed in accordance with the laws of the Victoria and the Parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts which may hear appeals therefrom.
12.8- Prom Coast Eco Glamping may, at any time, change these terms and conditions by giving the Hirer written notice of the changes. The Hirer will be deemed to have accepted the changes unless the Hirer notifies Prom Coast Eco Glamping immediately of its non-acceptance of the changes. All Goods and services supplied by Prom Coast Eco Glamping to the Hirer after the Hirer receives a notice of change in accordance with this clause are supplied in accordance with the new terms and conditions.
13. Gift Vouchers
13.1 – Gift Vouchers are valid for 12 months from date of purchase.