TOTOKA URBAN FARM ACCOMMODATION AND EXPERIENCES TERMS & CONDITIONS
Thank you for your interest in staying and/or experiences (including SHINDIGS) at Totoka Urban Farm located at Coromandel East, South Australia (Farm), run by Ilavo Pty Ltd trading as Totoka Urban Farm ABN 37 121 512 427 (we, our or us). We are so excited for you to join us!
This following sets out details of your stay with us and incorporates the terms and conditions attached (Terms). By proceeding with your booking, you agree to be bound by the Terms.
These Terms govern your booking at the Farm (Booking). It is your responsibility to review these Terms prior to Booking and attending. By making a Booking, you agree to be bound by these Terms. We reserve the right to amend these Terms at any time and will provide the most recent version on our website which can be found at http://www.totokaurbanfarm.com/ (Website).
1. BOOKING at TOTOKA URBAN FARM
a) Bookings must be made through the phone or as otherwise advised on our Website. When making your Booking, you must provide us with:
(i) your name and the details of each guest to be included in the Booking (Permitted Guests);
(ii) the number of nights of accommodation you require (if staying in the villa);
(iii) any Experiences you wish to add to your visit; and
(iv) your credit card details for payment if requested.
b) You acknowledge that any person who is not a Permitted Guest may be denied entry to the Farm and not be permitted to stay at the Farm or join any Experiences.
c) We will hold your credit card details used for the Booking securely on the system as a security bond. Your card will be automatically debited in the event of: damage to property, equipment, breakages, extra cleaning or as otherwise required set out under these Terms. You hereby authorise us for the deduction of any additional costs, charges or reimbursements as set out under these Terms.
d) Your Booking is confirmed once you have received an email notification/receipt from us.
e) Villa Check-IN: 1400hrs (2pm ACST)
f) Villa Check-OUT: 1000hrs (10am ACST)
2. PRICE
a) You must pay the Price (including GST) for your Booking and any credit card and booking surcharges or administration fees as specified on our Website and/or email quote and in accordance with the Payment Terms.
b) The Price covers Inclusions as listed at the time on the website, and any further requirements not set out under the Inclusions may be at an additional cost.
c) Failure to make payment in accordance with the Payment Terms (including failing to pay or process any deposit required) means we may cancel your Booking at our sole discretion or terminate your stay and/or experience immediately.
d) The Price must be paid within 7 days of visit for NDIS however you can cancel your booking up to 45 days before the date of your stay and/or experience (Cancellation Notice Period) at no cost.
e) The Price must be paid upfront at the time, however you can cancel your booking up to 45 days before the date of your stay and/or experience (Cancellation Notice Period) and obtain a refund.
f) Any cancellation after the Cancellation Notice Period up to 7 days before the date of your stay and/or experience will be provided a credit for future booking at our discretion.
g) Any cancellation within 7 days of the state of your stay and/or experience, you will forfeit.
3. BOOKING VARIATIONS
h) In the event you wish to change the details for your Booking for any reason (Booking Variation), you must contact us as soon as reasonably possible to request the variation. You acknowledge that we may accept or decline a Booking Variation at our sole discretion.
i) Additional costs or charges may apply in relation to your Booking Variation at our sole discretion.
j) Where the Booking Variation is in relation to changes in number to the Permitted Guests, you acknowledge that all rooms at the Farm have a maximum number of guests and in the event the Booking Variation means you exceed the maximum number allocated to your room, additional room(s) may need to be booked for your accommodation at additional cost.
k) Where we are unable to accommodate a Booking Variation and you are unable to attend the original Booking, this will be treated as a cancellation and Clause 6 applies.
4. YOUR OBLIGATIONS DURING YOUR STAY and/or EXPERIENCE
a) On confirmation of your Booking, an email will be sent to you prior to your stay and/or experience setting out necessary details about your visit and if relevant our accommodation, including check-in details, information and details about where you can go on the property and what you should bring (Rules). In making a Booking and agreeing to these Terms, you agree to comply with any Rules provided to you.
b) You must comply with scheduled Check-In and Check-Out times as set out in the Booking Details. You acknowledge any late check-out without our prior consent may result in an additional late check-out fee charged to your nominated credit card.
c) During your stay and/or experience, you must:
(i) maintain your room in a clean and tidy state;
(ii) immediately notify us of any damage to any property within your room or on the Farm;
(iii) behave in an appropriate manner and act decently to all other guests at the Farm;
(iv) not cause or play any excessive or loud sounds or cause any nuisances which may disturb farm animals or neighbouring farms;
(v) not bring any pets onto the Farm;
(vi) not bring any firearms onto the Farm;
(vii) not flush any items which are non-biodegradable down the septic tank system toilet;
(viii) not smoke while you are on the Farm, noting the Farm is a strictly no-smoking property;
(ix) not light any fires or bonfires whilst on the Farm (except during the Bonfire Experience, which we will light for you);
(x) not bring or consume any illegal substances onto the Farm;
(xi) not remove any items from your room or the Farm which is not your personal property;
(xii) not invite other people not on your booking (maximum 2 people per booking);
(xiii) comply with all relevant laws, regulations and our Rules;
(xiv) not walk around the property including the possum trail after sunset. Walking areas permitted after dark include from car to amenties and sleeping villa and up to homestead upon invitation; and
(xv) comply with our reasonable directions and requests during your stay and any Experiences.
d) You must comply with all instructions regarding where to park your vehicle at the Farm, noting this is for your own safety. We are not liable for any injuries, death, damage or loss which occurs due to your failure to comply with our instructions in this regard.
e) You acknowledge our rooms have a maximum number of guests permitted. At no time may the maximum number of guests be exceeded in any room. In the event we reasonably believe the maximum number of guests have been exceeded, we may immediately terminate your stay and charge you the full Price, and no refund will be provided in this case.
f) At the end of your stay, you must leave your room in the same state as it was provided to you at check-in, including turning off any heating, closing all windows and returning all keys.
g) In the event that:
(i) your room is not found to adhere to the requirements under this clause upon your check-out; or
(ii) damaged, broken or missing items are discovered in your room,
then an amount equal to the repair or replacement cost for the damaged items or an additional cleaning fee (as applicable) will be charged to your nominated credit card.
h) Any guests who are under the age of 18 years (Minors) must be accompanied by a parent or legal guardian. No alcohol will be served to any Minors. We are not responsible for any underage consumption of alcohol at the Farm and any violations of this policy will result in immediate termination of your stay and/or experience at the Farm.
i) In the event you are found to have breached your obligations under this clause 4, we may (at our sole and absolute discretion):
(i) refuse entry to you;
(ii) immediately terminate your stay;
(iii) recover the full Price of your stay from you; and/ or
(iv) require you to pay our additional costs due to your breach.
5. WORKING FARM ENVIRONMENT
a) You acknowledge that the Farm is a working farm property and while we use best endeavours to limit any adverse impact on your stay, the nature of such an environment means you may be affected by activities, weather or other issues as set out under this clause. It is your responsibility to ensure you and your Permitted Guests are aware of the circumstances set out under this Clause 5.
Extreme Weather Conditions and Events
b) While we have air conditioners and heaters in our rooms, as a farm property, we are unable to guarantee your comfort in the event of extreme weather conditions and it is your responsibility to prepare for all contingencies and natural weather events.
c) Due to our location in South Australia, we get regular power outages and this may impact the heating, lighting and cooling facilities at the farm. You make your booking knowing this and having had it disclosed.
d) You further acknowledge that there are risks of bushfires during summer months and we recommend you consider your Booking dates carefully to take this into account. In the event that a warning for bushfires or extreme heat occurs and evacuation is required, you must comply with any directions we or any local authority issue to safely evacuate you from the Farm.
Farm Machinery and Equipment
e) Guests are not permitted to access, touch, climb on or play on any farm machinery or equipment. We are not liable for any injury, death or damage which occurs due to any attempts to access such machinery or equipment.
f) From time to time farm workers, farm motor vehicles or tractors may pass within the vicinity of guest accommodation. While we try to keep these vehicle movements to a minimum, guests are expected to stay alert and keep out of the way of any moving farm vehicles.
Farm Animals
g) The Farm is home to a variety of farm animals from time to time (including honey bees) and guests are expected to stay away from paddocks with livestock or any farm animals which they may come across unless we have notified you otherwise.
h) You must not feed, touch or attempt to engage with any farm animals on the Farm (including honey bee hives). We are not liable for any sickness, injury, death, damage or loss which occurs due to your failure to comply with this clause.
i) By being in the vicinity of farm animals or if you come into contact with farm animals, you acknowledge there may be a risk with regard to the transmittance of animal diseases to humans. You accept and assume full risk for yourself and your Permitted Guests in this regard and we are not liable in the event any illnesses or sicknesses which occur.
Fencing
j) Some areas on the Farm may be fenced off or be surrounded by fencing. Fenced areas may be dangerous. Guests are not permitted to climb over or enter any areas that are fenced. We are not liable for any injury, death, loss or damage which occurs due to your breach of this clause.
Wild Animals
k) Wild animals may appear from time to time, including animals which may pose a risk of harm or danger such as snakes and spiders. Guests are expected to be alert when walking in and around the Farm and to avoid contact with any wild animals.
6. CANCELLATIONS AND REFUNDS
a) You can cancel your booking up to 45 days before the date of your stay (Cancellation Notice Period) and obtain a refund.
b) Any cancellation after the Cancellation Notice Period up to 7 days before the date of your stay will be provided a credit for future booking at our discretion.
c) Any cancellation within 7 days of the state of your stay, you will forfeit.
d) No refund or credit will be provided if you did not enjoy your stay or your Experience(s), arrive late, or are unable to attend your Booking.
e) We may cancel your Booking if a Force Majeure Event occurs which prevents us from opening the Farm for accommodation or to run the Experiences as scheduled. In the event your stay is cancelled under this clause, you may choose to either receive a refund or reschedule your stay to a later date.
f) While we will use all reasonable endeavours to notify you of any cancellations due to a Force Majeure Event as soon as possible, you acknowledge that the nature of a Force Majeure Event means we may be forced to suddenly cancel Bookings with short notice. It is your responsibility to ascertain whether your Booking has been cancelled prior to arriving for your stay and we do not guarantee that you will be notified of any cancellation prior to the date of your Booking.
g) Any refund issued to you under Clause 6(e) will be your sole remedy for any cancellation of your Booking due to a Force Majeure Event and we will have no further liability to you in respect of any cancellation of your Booking for any reason.
h) For the purposes of this cancellations and refund clause, a Force Majeure Event includes any terrorism, war, civil unrest, strike or labour dispute, lack of transportation, breakdown, labour or material shortage, blockade or embargo, supplier failure, epidemic or pandemic (including the COVID-19 pandemic), government restriction or recommendation, extreme weather, earthquake, drought, fire, bushfires, flood, explosion, natural disaster and/ or any other cause or circumstance beyond our control.
i) Notwithstanding the preceding clause, we will determine at our reasonable discretion if any extreme weather event constitutes a Force Majeure Event as it is our aim to keep you safe.
7. MEDICAL ISSUES
a) As a condition of stay, you warrant that you do not have any pre-existing medical conditions or disabilities (Medical Issues) that will affect your ability to stay at the Farm and / or participate in the Experiences.
b) If you have any Medical Issues, you should consult with a health professional as to whether a stay at the Farm and participating in the Experience(s) is an appropriate choice for you prior to staying at the Farm.
c) Please note that we have 13 stairs outside separating the amenities and the sleeping. There is lighting outside but they could be tricky to negotiate in the dark if you are not mobile.
d) You are solely responsible for ensuring that you are medically capable of staying at the Farm.
e) In the event of an emergency, you authorise us to take any such action as necessary for the provision of medical services at your cost, including the attendance of any doctor, nurse, paramedic or ambulance officer. You must reimburse us these costs within 7 days of demand.
f) Notwithstanding anything else in these Terms we are not liable for any injury, death, damage or loss caused or due to any Medical Issues that you experience whilst staying at the Farm or participating in any Experiences.
8. CHILD SAFETY
If you are bringing child(ren) to stay at the Farm, you acknowledge you are solely responsible for your child in relation to their safety on the Farm. Constant parental supervision is essential noting there are natural hazards for children in particular on farms, including large farm machinery, water dams and barbed wire fences. You acknowledge you are solely responsible for the care of your child whilst at the Farm and we have no liability in relation to any injury, harm, death or loss which occurs to your child during their stay at the Farm.
9. THIRD PARTY SERVICES
Some of our Experiences may be provided through third party partners (Third Party Partner). Where this is the case, you acknowledge that you may be required to agree to additional terms and conditions or enter into a separate contract with the Third Party Partner. We have no liability for and you indemnify us in relation to any claims arising from services provided to you through a Third Party Partner.
10. INSURANCE
If you require travel insurance or other insurance, you are responsible for obtaining this, noting that your Booking does not cover any such insurance. This includes your personal items such as your mobile phone and electronics and any valuables. Note that you are responsible for the safety of your personal items.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by law, we are not responsible for any loss, damage, expense or liability suffered by you or any other third party and caused or alleged to be caused directly or indirectly as a result of your stay at the Farm.
Subject to the below, any condition or warranty which would otherwise be implied in these Terms are excluded. Our liability for breach of a guarantee conferred by the Australian Consumer Law is limited, in the case of services, to any one of the following as determined by us:
a) the supplying of the services again; or
b) the payment of the cost of having the services supplied again.
If there is a problem with your stay at the Farm, the Experiences or our services caused by a breach of these Terms by us (Omission), and you have notified us within 24 hours, then to the maximum extent permitted by law our liability arising from, or in connection with, the Omission will be limited to the face value of your Booking Price.
12. DISCLAIMER
You agree to stay at the Farm and/ or join our Experiences on the following basis:
a) if you have any allergies or dietary restrictions it is your sole responsibility to manage your own food consumption and you are solely responsible for any food or drink you consume at the Farm. We are not liable for any injury, death, damage or loss in this regard;
b) you acknowledge the Farm is located in South Australia and while we do our best to operate Experiences as advertised, we reserve the right to amend, vary or cancel certain parts of any Experiences where it is necessary due to climate, weather conditions or other circumstances beyond our control, at our sole discretion; and
c) you are solely responsible for your own personal property whilst staying at the Farm and we are not responsible for and have no liability in relation to any loss or theft of your personal property.
13. NO COMMERCIAL USE
Unless otherwise agreed, commercial use of the Farm is strictly prohibited. While we are happy for guests to take photographs and videos for personal purposes, any commercial photoshoots at the Farm are prohibited unless we have provided prior written consent. All commercial filming and photograph requests must be sent prior to the date of arrival and will be determined at our sole discretion, noting additional fees may apply.
14. MAILING LIST
In agreeing to these Terms, you consent to joining our subscribers’ mailing list. You may unsubscribe from this list at any time through the “unsubscribe” link at the bottom of the emails received.
15. ENTIRE AGREEMENT
These Terms contain the entire understanding and agreement between us in respect of its subject matter.
16. NO TENANCY
You agree that regardless of your length of stay at the Farm, you are not a tenant of the Farm and will have no rights in relation to tenancy.
17. AMENDMENT
We may amend these Terms at any time with notice to you. The amended Terms will apply on and from the date which is set out in our notice.
18. SEVERANCE
If any provision of these Terms are 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 these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Terms.
19. SURVIVAL
Clauses 1(c), 2(c), 4(d), 4(e), 4(g), 4(h), 4(i), 5(d), 5(g), 5(h), 5(i), 6(e), 7, 8, 9, 11, 12 and 15 survive termination of these Terms.
20. JURISDICTION
These Terms are governed by the laws of South Australia.
Competitions and Give-Aways
ILAVO Pty Ltd T/A Totoka Urban Farm reserve rights to promote our retreat and venue through various competitions where the prize may include a third-party provider “Prize Giver”.
These Terms and Conditions set out the general terms and conditions in relation to Competitions. By entering a Competition, you agree to the terms contained in these Terms and Conditions and any Additional Specific Terms set out in the publication or post relating to the specific Competition.
1 ADDITIONAL SPECIFIC TERMS
Additional Specific Terms will be set out in the publication or online post relating to each Competition whether that Competition is promoted through radio, television, posters/flyers, our website or social media platforms such as Facebook, Instagram or others. Additional Specific Terms will include the following:
For each Competition, the Additional Specific Terms are incorporated together with the remaining General Terms set out below form the full terms and conditions which apply to that particular Competition (Additional Specific Terms and General Terms are referred to together as the “Terms and Conditions”).
2 GENERAL TERMS
Unless stated otherwise in the Additional Specific Terms:
3 SELECTION AND NOTIFICATION OF WINNERS
4 PRIZES AND UNCLAIMED PRIZES
(f) Where a Prize comprises travel or holiday:
(i) Unless expressly stated in these terms and conditions all other expenses related to the Prizes become the responsibility of the Winners and their nominated companions. All costs associated with the Prizes which are not expressly stated in these terms and conditions to be included, become the responsibility of the Winners and their nominated companions, including but not limited to additional cost for food, beverage and transportation;
(g) Where the prize comprises alcohol, we encourage consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the Australian guidelines to reduce health risks from drinking alcohol, i.e. no more than two standard drinks on any day. A full version of the Guidelines is available at http://www.nhmrc.gov.au/_files_nhmrc/file/publications/synopses/ds10-alcohol.pdf. Participation in this Competition is subject to relevant liquor legislation in each State, Territory or Country, including responsible service of alcohol.
5 PUBLICITY
6 PRIVACY
We have adopted a Privacy Policy that you should refer to in relation to how we collect and use personal information. Please refer to our Privacy Policy. We will only use Competition entrants’ personal information in accordance with our Privacy Policy which is published on our website.
7 INTELLECTUAL PROPERTY
8 LAW AND LIABILITY
9 PROMOTER
Social Media including Facebook and Instagram
Facebook Community Rules – ILAVO Pty Ltd T/A Totoka Urban Farm is not responsible and does not accept any liability for content on our social media pages. Users are not permitted to post inappropriate content or disrespect, defame or insult others including fellow community members and employees. Ilavo Pty Ltd is not bound to reply to any comments or requests, reserving rights to moderate, hide or remove any content on our social media pages, including comments and to block any users of our social media pages, likewise we reserve right to share any content posted on our social media pages. Your information in accordance with our Privacy Policy can be found on our website under the privacy policy link located bottom of each page.
Email Subscription
Free Subscription to our regular emails. Permission given to be added to our subscriber list upon booking of Retreat and/or entering own details via our subscription page on our website. Withdrawal from this list is optional and link provided at bottom of every email.