Kalinya Estate

Terms & Conditions

Kalinya Estate Accommodation Terms and Conditions
IMPORTANT TERMS AND DEFINITIONS
(a) ‘Accommodation’ has the meaning set out in Part E.
(b) ‘Booking’ or ‘Booking Agreement’ means the Booking of a Short Term Rental Accommodation Arrangement including
an Accommodation package and in some instances plus an Event package as described in the Booking Documentation.
(c) ‘Booking Documentation’ means the Short Term Rental Accommodation Agreement and/or the Kalinya Estate Booking Confirmation entered into by the Client.
(d) ‘Check-in’ means 3pm on the first day of the Short-Term Rental Accommodation Arrangement Booking.
(e) ‘Check-out’ means 11am on the last day of the Short-Term Rental Accommodation Arrangement Booking.
(f) ‘Client’ means the person, persons, business partnership, company or other entity entering into the Short Term Rental Accommodation Arrangement and/or ordering the goods and/or services from the Owner in accordance with the Package(s) booked.
(g) ‘Code of Conduct’ means the mandatory Code of Conduct for the Short-Term Rental Accommodation Industry which forms part of the regulatory framework introduced by the NSW Government to manage short-term rental accommodation in NSW and applies to all bookings at Kalinya Estate (an electronic copy of which has been provided to you).
(h) ‘Event’ means any wedding, party, occasion, celebration, function or similar, and/or any commercial purpose.
(i) ‘Event Guest’ means Guests booked to come to an Event and listed on the Event Guest List but not booked to stay in the Accommodation.
(j) ‘Guest’ means a person who, pursuant to a Short-Term Rental Accommodation Arrangement entered into by the Client and the Owners, is permitted to occupy the Property or parts of the Property to which the Short Term Rental Accommodation Arrangement relates.
(k) ‘Kalinya Estate’, ‘Kalinya’ or ‘the Property’ means 60 Great Southern Road, Bargo NSW 2574, or any part thereof, and i includes all fixtures, fittings and chattels owned by the Owners.
(l) ‘Owner’ or ‘Owners’ means Amanda Barnes and/or Christopher Barnes.
(m) ‘Rental Party’ means all of the Guests booked to stay in the Accommodation and listed in Booking Documents.
(n) ‘Security Bond’ means a security deposit to be paid in cleared funds by the Client to the Owners, which the Client specifically agrees that the Owners can utilise as compensation for any damage to the Property and its contents during the STRAA, or for any other loss or theft, or as a fee for any breach of the Terms and Conditions, or as payment for any goods and/or services utilised by the Client or their Guests or Event Guests, not otherwise paid for in relation to the STRAA, and which will be returned to the Client to the extent it is not utilised for these or similar costs.
(o) ‘Stay’ means the Short-Term Rental Accommodation Arrangement commencing from check-in and concluding at check-out set out in the Booking Documents.
(p) ‘Terms and Conditions’ means this document, and any schedules, annexures or attachments.
Terms and Conditions | KALINYA ESTATE
(q) ‘Vendor’ means third-party external, professional suppliers of goods and services for Events and/or Accommodation Bookings.
(r) ‘Visitor’ means persons on the Property who are not the Client, Guests or Event Guests, or Vendors.
(s) ‘Wedding’ means a marriage ceremony or elopement and any associated celebrations.
PART A - INTRODUCTION
1. Please read these terms and conditions carefully as they are the basis upon which all Bookings are accepted by the Owners at Kalinya Estate.
2. By entering into a Short-Term Rental Accommodation Arrangement (‘STRAA’) with the Owners, you are agreeing to accept all of the Terms and Conditions set out herein. If your STRAA includes an Event, in addition, you are also agreeing to accept all of the Terms and Conditions below in relation to Events.
3. If you wish to utilise Kalinya Estate for a Wedding and/or Event as part of your Stay, you must purchase an Accommodation package and in addition, a Wedding or Event package, both of which will form part of your STRAA. Absolutely no Weddings or Events are permitted at the Property without the Client entering into a STRAA containing both an Accommodation package and a Wedding or Event Package.
4. The Owners do not accept any responsibility for misleading or outdated information that may be provided by third-party websites (Airbnb, Stayz etc) about any aspect of the Property. Please contact us prior to booking if there is a particular feature or features that you would like to confirm about the Property prior to making your booking.
5. At the time of the booking, the Owners may set out other terms and conditions in addition to these Terms and Conditions, which may include, without limitation, terms relating to pets, the number of people permitted to occupy the home and additional fees or costs which apply to the Booking. The Client agrees to comply with the additional terms, including any terms set out in the site listing the property.
PART B – BOOKINGS AND PAYMENTS
1. The deposit amount provided for in your Booking Documentation must be paid at the time of booking to reserve your dates. This is usually 50% of the cost of the Booking and is non-refundable.
2. Part of the purpose of the deposit is to allow the Owners to put on hold all the on-site accommodation for the dates requested on the online calendars. Until the deposit is paid, the Owners cannot guarantee that your preferred dates will be available, as dates cannot be held because they may be booked by other clients directly online.
3. Once the deposit is received and processed, the Client will receive by email, a Kalinya Estate Booking Confirmation, which summarises the STRAA and which will list both the Accommodation package and any Event package booked. The Property is strictly only to be used in accordance with the information in the Package or Packages purchased by the Client, the Code of Conduct and these Terms and Conditions.
4. Credit card details must be provided at the time of making a STRAA Booking.
5. Unless alternate payment arrangements are made by the Client, the Owners are entitled to debit from that credit card the full costs of the Client’s Accommodation as used and/or any Event held at the Property, which costs shall be calculated in accordance with the most applicable Accommodation and/or Event Packages (which is to be determined at the sole discretion of the Owners), plus any other amounts provided for in these Terms and Conditions.
6. The Owners are entitled to pass any merchant fees incurred during transactions on to the Client. The applicable merchant fees will be notified to the Client by the Owners from time to time.
7. The completed STRAA Booking form must be returned within 7 days of booking, otherwise the booking may be deemed to be cancelled (at the Owners sole discretion).
8. By paying the deposit and/or filling in and returning the STRAA Booking form, you are agreeing to these Terms and Conditions and the Code of Conduct.
9. The total remaining payment provided for in your Booking Documentation must be paid 30 days prior to check-in.
10. Where a Client wishes to book Accommodation and a Wedding, the Owners and the Client may enter into a payment plan in relation to the costs of the Accommodation and the Wedding. The terms of the payment plan must be negotiated and agreed in writing at the time that the STRAA Booking is made, and will depend on the total cost of the STRAA Booking (including bother the Accommodation package cost and the Event package cost, as well as the length of time between the Booking and the Event. Whether the Owners agree to a payment plan is solely at the Owners discretion.
11. If the customer does not comply with the terms of any agreed payment plan, then:
a. The full deposit of 50% of the entire booking (less any amounts already paid) will become immediately due and payable;
b. No later than 30 days prior to the wedding, full payment of the entire balance owing must be paid.
c. If these payments are not made, then the Owners can cancel the Booking, and retain all monies paid.
12. Time is of the essence for all payments provided for in the Booking Documentation and/or the payment plan.
13. Payments not received by the advised due dates may result in the cancellation of your booking.
14. If the total provided in the Booking Documentation is not paid 30 days prior to the scheduled commencement of the Booking, as stated in the Booking Documentation, the Owners may, at their sole discretion, cancel the booking.
15. The Security Bond provided for in your Booking Documentation must be paid 30 days prior to check-in and the Security Bond shall be resolved within 14 days of check-out.
16. Final numbers attending under the STRAA including the Client’s Accommodation Package and any Event Package, must be confirmed 14 days prior to your stay. If the final numbers require either the Accommodation package and/or the Wedding or Event package to be upgraded, full payment of the additional fees is to be made 14 days prior
to your Stay.
17. In the event that damage or loss to the Property occurs during the Client’s Stay, incurred costs in rectifying that damage or loss shall be deducted from the client’s credit card or Security Bond (at the sole discretion of the Owners). This may result in a reduction of and/or a delay in, the return of your Security Bond. The Client cannot insist that the Security Bond go towards any Accommodation or Wedding and Event payments, all of which must be made in addition to the Security bond.
18. The Security Bond will be forfeited altogether for any breach of these Terms and Conditions, where that consequence is noted in the relevant Term or Condition, including but not limited in relation to the breach of the Terms and Conditions in relation to noise.
19. In the event that the Client cannot be charged for any of the damages, losses or expense or fees in accordance with the Terms and Conditions from the Security Bond, the Client agrees that the charge can be made to the credit card provided by the Client. If a credit card cannot be charged, the Owners reserve the right to pursue any outstanding amount, and the Client agrees that any such amount is a debt owing by the Client to the Owners, and additionally:
a. interest at 2% above the bank bill swap rate will be chargeable to the Client on any outstanding amount at the Owner’s absolute discretion; and
b. any costs of enforcement for payment of any outstanding amount, including legal costs, will be payable by the Client.
20. Package prices are current at time of printing and at the time they are sent to Clients but are subject to change at any time before a booking is made.
21. Venue inspections are available by appointment only and can only be arranged for times when no Guests are on site.
PART C – AMENDMENTS AND CANCELLATIONS
22. The Owners provide quotes and enter into Booking Agreements for STRAA on the basis of the Accommodation and
Event Packages applicable to the Booking, based on the description of the Booking provided to Kalinya Owners and Management by the Client. If the Client makes changes to any of the information provided after the initial quote is accepted;
a. The Owners are entitled to issue a further quote for any additional fee that is required.
b. If the further quote is accepted, or if the Client has already gone ahead with the changes, the Client will be required
to pay the additional amount pursuant to these Terms and Conditions and the various packages, which closest reflect
the changes (to be determined at the discretion of the Owners).
c. If the further quote is not accepted, the Client’s Booking must proceed on the basis of the Package(s) quoted and booked.
23. Any cancellation or amendment must be in writing.
24. The Owner may refuse to amend a Booking once it has been confirmed in writing and any amendment or transfer of the deposit to another booking will be at the sole discretion of the Owner.
25. Bookings are not transferrable by the Client without the prior written consent of the Owners. The Owners are not required to give this written consent but may do so at their sole discretion.
26. Unless the Owners agree otherwise (at their sole discretion), changes by the Client to the dates of a booking will be treated by the Owners as a cancellation and re-booking.
27. If the Client cancels the Booking more than 6 months prior to the commencement of the STRAA, all monies paid by the Client shall be retained by the Owners, unless the dates are resold for at least equal value.
28. If the Client cancels the Booking more than 1 month but less than 6 months prior to the commencement of the Booking, all monies paid by the Client shall be retained by the Owners, however, the balance of the Booking Fee will not be payable.
29. If the Client cancels this Booking less than 30 days prior to the commencement of the Booking, all monies paid by the Client shall be retained by the Owners, and any balance of the Booking Fee will be immediately payable by the Client to the Owners.
30. The Owners can, at their sole discretion, transfer the Booking to another agreeable time or apply a credit for up to 12 months, provided the original booking dates can be refilled with a booking of the same or greater value, and provided the Client pays the rates applicable at the time of the new dates (including any increase).
31. No refunds are permitted for shortened stays.
32. If the Owner cancels the Booking at any time prior to the commencement of the term (acting reasonably), a refund or credit will be offered at the Owner’s absolute discretion. If a booking is cancelled by the Owners for reasons of convenience, the Client is entitled to a full refund.
33. Subject to the cancellation provisions herein, once a Booking is confirmed in writing by the Owner to the Client, the Client is liable for the Booking Fee, together with any extra costs or fees set out in the Terms and Conditions or additional terms.
34. We are a large group holiday let, which means that bookings are made many months prior to the dates requested. The Client acknowledges and agrees that in the event of a cancellation, the retention of monies by the Owners in accordance with the Terms and Conditions is reasonable compensation for the loss suffered by the Owners (including the loss incurred by not being able to obtain a Booking to the same value for the dates in the client’s Booking) and does not constitute a penalty.
35. The Owners do not accept any liability whatsoever for any injury, damage, loss, delay, additional expense or inconvenience caused directly or indirectly by any events that are out of or beyond their control. This includes but is not limited to bushfires, flooding, pandemics, air conditions and extreme weather events.
36. Travel insurance is always advisable. We recommend you take out travel insurance prior to arrival.
37. We do not refund for cancellations due to bushfires, pandemics, air conditions and/or extreme weather events.
38. When a Client needs to cancel their booking due to an event that prevents all direct access to the property, a credit for the same number of nights and same Packages (no monetary value) will be offered. Credits are valid for 12 months and cannot be used for bookings on public holidays, long weekends or in school holidays. Credits can only be used for one booking at the Property and cannot be used for split bookings.
39. Clients or their Guests who do not show up for their booking will not be entitled to a refund or credit.
40. Kalinya Estate requires various minimum stays. 2-night stays are the minimum; however, Accommodation must be booked for a minimum of a 3-night stay during Public Holiday weekends and 4 nights at Easter. Longer minimum stays of 5 or 7 nights may be required during school holiday periods including during the Christmas holidays. If a STRAA is taken for less than the minimum period, the full cost of the minimum stay period will still apply.
41. Clients who wish to enjoy more time at Kalinya with their Guests may extend their stay either side of the minimum requirements by paying for additional nights subject to availability. This should be done at the time of Booking to avoid disappointment, as the Property often has back-to-back bookings meaning last minute extensions are unlikely to be available.
42. We recommend 3-night stays for STRAA’s which include Weddings or other Events. For 2-night stay weddings, check in day is one day prior to the wedding, check out the morning after the wedding.
43. Kalinya Estate is a Property that is ever changing and improving. When you book your Accommodation at Kalinya, there could be changes and additions to the Property, including midway construction and cordoned off areas. Due to the nature of the Accommodation as entire homes (and not hotel rooms with staff ), we do not refund in the event of construction or maintenance issues such as: plumbing, electrical, television, Wi-Fi, appliances/pool/spa not working or available etc. We will endeavour to rectify any issues as quickly and as smoothly as possible.
44. The Property requires consistent maintenance. The Client acknowledges, understands and accepts that in order to maintain the gardens and grounds for their and other Client’s enjoyment, (particularly during periods of back-to-back bookings and for Events), it may be necessary to mow, whipper snip, hedge and garden during their stay. No reduction or refund is provided in these circumstances.
PART D – CHECK-IN AND CHECK-OUT
45. Unless otherwise agreed upon in writing, all check-ins are from 3pm (no earlier) and all check-outs are strictly prior to 11am.
46. If the Guest is not entirely satisfied with the accommodation at check-in, (i.e. finding it unclean or damaged) they must immediately contact the Owner.
47. In the unlikely event that a complaint is not addressed by the Owner during the Stay, the Guest may make their complaint, in writing, to the Owner within 7 days after the end of the Stay.
48. If the Property is booked on the departure date, late departures or extensions not already confirmed will not be permitted. If you would like a late check out, please arrange it as part of your Booking or as soon as possible, and pay the required fee.
49. Unauthorised late check-out after 11am will incur a late check-out fee to the value of one night in your accommodation, at the discretion of the Owners, unless late check-out has already been agreed in writing prior to departure.
50. The late check-out fee to the value of one night in your accommodation does not entitle the payee an extra night in the accommodation. It is a late check-out fee.
PART E – ACCOMMODATION AND USE OF THE PROPERTY
Accommodation
51. The Client expressly acknowledges and agrees that this Agreement is for transient occupancy of the accommodation,
and that neither the Client nor their Guests intend to make the property a principal place of residence or household.
52. The Client warrants the Property will not be used:
a. For any purpose that is unlawful.
b. For any purpose that is prohibited by these Terms and Conditions.
c. In any manner which could damage, disable, overburden, or impair the Property.
d. In a manner which could interfere with any neighbour’s use and enjoyment of their property.
53. The Client must not assign, underlet, or part with or share possession of the Property without the written consent of the Owner.
54. The Property is to be used for STRAA’s only.
55. Accommodation is available (strictly in accordance with the Package booked by the Client and the terms of their Booking Documentation) in one or more of the following spaces:
a. The Homestead (8 bedroom spaces, 4 bathrooms, sleeps maximum of 16)
b. The Lodge (5 bedrooms, 4 bathrooms, sleeps maximum of 10).
c. The Barn (3 bedrooms, 2 bathrooms, sleeps maximum of 8).
56. If you require additional rooms, or Accommodation for more than 34 Guests, please contact the Owners to discuss your requirements.
57. Accommodation is provided on the basis of a set package rate, per night, and in accordance with the rate set out in the Booking Documentation, for the numbers set out in the Booking Documentation.
58. The maximum number of Guests allowed at the Property is strictly limited to the number of Guests permitted under the Accommodation package booked and/or the Event package booked. If the Client would like additional Visitors to attend the Property for any reason during their Booking above the maximum allowed in their Booking Documentation, the Client must upgrade to an Accommodation/Event Package which permits the required numbers.
59. All Guests staying in the Accommodation at the Property must be declared in the STRAA Booking Agreement under “RentalParty”.If additional Accommodation Guests are to attend, the Rental Party list must be updated and provided by email tot eh Owners prior to any additional Guests attending the Property.
60. Guests are not permitted to sleep anywhere on the Property other than in one designated bed in one of the bedrooms in the Accommodation. Breach of this term will result in additional charges and/or forfeiture of the Security Bond.
61. Guests are not permitted to enter into or use any space on the Property other than those spaces booked in accordance with the Accommodation and Event Package(s) booked by the Client. For instance, Guests of Client’s booking the Silver Package are not permitted to use the Carriage House, Lodge and outdoor Lodge facilities, Barn Accommodation, Piano Bar, Theatre, Golf room, Video Games room and/or Terrace conference room and bathrooms. Additional fees will be charged to the Client for Guest use of any area or space not included in the Package(s) booked by the Client.
62. Any areas marked as private or designated as private by the Owner/ Manager are strictly out of bounds. Guests are not permitted into any area marked “Private”. Guests shall not enter the area of the Property located on the Western side (train line side) of the Barn, which is a private area and is strictly out of bounds.
63. The Client and their Guests must comply with all requests, directions and requirements of the Owners, the Terms and Conditions, the Code of Conduct, and any applicable laws and regulations. It is the responsibility of the Client to ensure that their Guests and Vendors are aware of, and comply with, these requirements.
64. Any Guest, Event Guest, Vendor or Visitor deemed to be creating a nuisance may be asked to leave the Property immediately and the Client will be liable for any damage caused to the property, other Guests, Event Guests, Vendors or the Owner/Manager.
65. The Owners and/or their staff members or contractors may enter all parts of the Property at any time for the purpose of inspection or repair, and to carry out other tasks, but will not unreasonably interfere with the activities and enjoyment of the Client and Guests.
Booking of and use of the facilities
66. Guests wishing to use the Kalinya Theatre in accordance with their Booking Agreement, are required to advise the
Owner/ Manager of the content they wish to watch and the time they wish to watch it, at least 24 hours prior to the desired session time and show.
67. The Kalinya Theatre is only available during sessions booked. At all other times, it will be locked. Sessions must be booked so that they start and conclude between the hours of 8am and 11pm.
68. No loud noise is permitted in the Piano and Sports Lounge area after 11pm.
69. The Pool is open and only available for use between 7am and 10pm.
70. The Gym and squash Court are open and available for use 24 hours per day.
71. Guests using the squash Court must use white or non-marking shoes and always wear protective eyewear. The cost of damaged, broken or missing squash or tennis racquets or eyewear or damage to the floor from marking shoes will be deducted from the Security Bond or charged to the Client’s credit card.
72. The Owners may, at their sole discretion, require that the Client or their Vendors alter their arrangements to ensure compliance with fire and other safety regulations or requirements.
73. The Owner is not responsible for any accidents, injuries or illness that occurs whilst using the Property and/or its facilities in relation to the STRAA Booking. This is including, but not limited to any use of the squash and tennis courts, the pool and hot tub and applies to any Client, Guests, Event Guests, Vendors or Visitors or other approved or unapproved individuals using the premises.
74. Any liability of the Owners that may exit in respect to any STRAA shall be limited to the value of the Booking. In no circumstances will the Owner be liable for any consequential damages of any nature, however arising, regardless of notification of risk.
Use of Vendors
75. Guests must obtain prior approval from the Owner/ Manager in the event of any Vendors attending the property
(for example: chef, waitresses, instructors, massage therapists).
76. Where goods and services are supplied from external Vendors, additional terms and conditions pertaining to their business will apply. Kalinya Estate is not responsible for any fees that may apply in relation to the Vendor’s terms and conditions.
77. The Owner/Manager acts only as an agent for external Vendors, such as caterers, and therefore Vendors hold sole responsibility for their services.
78. The Owner/Manager is not responsible for any loss of goods brought onto the Property, or any introduction of food thereafter.
79. In order for Guests to be permitted to have any Vendors attend the property in relation to a Wedding or other Event, such as a birthday or other occasion (whether paid or as friends), Client’s must book an Event package in addition to an Accommodation package as part of their STRAA. This may include but is not limited to, DJ’s, use of PA equipment, musicians, florists, hair and makeup, event planners, photographers, videographers, celebrants, stylists, food and beverage providers etc.
Client/Guest responsibilities
80. Clients and their Guests are fully responsible for the care and condition of the Property and the residences included in
their Booking, for the term of the Stay. This includes all loss, damages and breakages caused to any building on the Property, their contents and furniture and fittings. In addition, loss of keys and/or remotes will result in a need for replacement at the guests ‘expense. In the event the guest misplaces any Kalinya house key or keys, or remote, the Client will be charged $100 per key or remote, deducted from their security bond.
81. Clients and Guests are responsible for the safety and security of their personal possessions and belongings during the term of their Booking; including, but not limited to: clothing, jewelry, cash, documents, electrical devices and motor vehicles.
82. The Client and the Guests expressly recognise that any insurance for property damage or loss which the Owner may hold on the property does not cover the personal property of the Client or Guests or Event Guests, and that the Client or Guests should purchase their own insurance if such coverage is desired.
83. Guests are encouraged to lock doors, windows and motor vehicles, when away or sleeping.
84. Guests are responsible for the supervision of children included in the Booking at all times.
PART F – ADDITIONAL REQUIREMENTS
Housekeeping
85. As we are a small business operating self-contained accommodation with our guests’ complete privacy in mind,
should you require an accommodation service such as a change of linen, we are happy to arrange this for you with advance notice and at an additional cost.
86. Guests must use the provided bed linen within each property for hygiene reasons. No bed linen or towels should be taken from the accommodation and used outside.
87. Pool towels are not provided and Guests must bring their own. The white bath towels are not to be taken outside, including but not limited for use at the pool or spa. Charges apply for non-compliance.
Extra cleaning/services
88. Upon departure, the accommodation and its contents and the grounds must be left in a reasonably clean and tidy
condition, similar to how it was when you arrived. The property must be left secure with all doors and windows locked.
89. Please ensure all dishes are washed and put back into cupboards, all rubbish is removed and placed into the appropriate bins, the refrigerators are emptied, and lights and air conditioning turned off. Failure to do so will incur a charge for extra cleaning and/or excessive rubbish removal. Extra cleaning/excessive rubbish removal will be calculated on the number of hours required over and above the normal cleaning time and/or the amount of rubbish that needs to be removed beyond the volume of the allocated bins and the cost of disposal. This will be deducted from your Security Bond.
90. Extra charges apply for any item on the Check-out Checklist (provided), that is not complete upon check-out.
Maximum numbers
91. We do not accept Visitors or additional Guests coming to the Property whatsoever where so doing increase the
number of people on the Property to a number above the maximum total permitted in the Accommodation package Booked, set out in your Booking Documents and/or the Accommodation packages.
92. Automatic cancellation with no refund will occur if Clients exceed the number of Guests nominated under “Rental Party” in the Booking Documentation and/or the maximum occupancy allowed under the Accommodation package booked. If the Client wishes to bring additional Visitors or Guests to the Property, the appropriate Accommodation/ Event Package for those numbers must be Booked and paid for in advance.
PART G – GENERAL
Children
93. Children must be accompanied and supervised by adults at all times while using the pool, spa, swings, trampoline,
gym, games room, squash court, tennis court, basketball hoop, piano and sports lounge and/or theatre.
94. We provide one cot on request which will be placed in Homestead prior to arrival.
95. Guests must bring any additional cots and their own cot linen.
96. Please identify any children travelling with you on the Rental Party list, prior to arrival.
97. We can provide a limited number of high chairs on request.
Wildlife present
98. Due to our rural location there can be snakes spiders, ants, flies, insects and other wildlife present around the
accommodation. If you cross paths with a snake, please leave it be, do not disturb it or try to move it along. The Owners will not be held accountable for bites or injury.
PART H - RESTRICTIONS
Pool and hot tub
99. Children are not permitted in the pool or hot tub without close adult supervision, regardless of swimming ability.
100. Food and glassware of any sort are not permitted in the pool or hot tub areas at anytime.
101. Pool equipment, toys and accessories are only to be used in the pool area.
102. Fees and charges will apply for damage to pool equipment, toys and accessories and for extra cleaning if required.
103. Diving is strictly prohibited.
104. Swimming in the settling dam and/or the pond is not permitted and is at the Client’s or the Guests own risk.
105. For safety reasons, the pool gate is not to be left/propped open.
106. Thehottubcovermustremainonwhenthespaisnotinuseinorderthatthetemperatureismaintained.Please ensure 2 people lift the cover on and off to prevent damage. Do not sit/stand on the cover, as it is for insulation purposes only.
107. All Guests must shower before entering the hot tub. Please note that fake tan and other creams on the skin when entering the spa will quickly turn the spa water brown, which may prevent use of the spa for the balance of your stay, as the spa will require draining and refilling.
Waste water/enviro-cycle
108. As the property utilises an enviro-cycle system, only the provided toilet paper is to be flushed. At no time should feminine products, wipes or baby products be flushed down the toilets, as this will cause blockages and significant damage to the system. In the event that this occurs, guests will be charged for the necessary repairs, or the cost will be deducted from the security bond.
109. In addition, no alcohol or oil is to be poured down any sink, as doing so damages the system and will result in a strong odor being omitted during your stay which may impact on your stay.
110. Any breach of these Terms and Conditions which result in damage or loss to the Owners will be compensated for from the Security Bond.
General
111. The flora and fauna of Kalinya Estate is not to be disturbed or interfered with in any way.
112. Please ensure that nothing is nailed, screwed or adhered in any way to any wall, door or fixture of any of the buildings, unless you have prior written permission from the Owner/ Manager.
113. Items specified in the inventory, or any of the Owner’s possessions are not to be removed from the Property. (The Inventory means the list of the Homeowners possessions located at or on the Property).
114. Furniture and furnishings are not to be re-arranged, must not be removed and must be in their original position on departure. This includes the rowboat, which is ornamental and must not be moved or placed in the water. All costs resulting from Guests not complying with this condition will be taken from the Security Bond.
115. Utensils must not be removed from the accommodation. If renting more than one home, furniture etc must not be moved between the homes and additional minimum cleaning fee of $250 will be charged for additional cleaning time should these terms be breached.
Visitors
116. Any Client or Guest planning to have visitors must receive the Owners written approval prior to the visit and any
visitors must not increase the number of Guests above the maximum allowed in the Accommodation or Event package booked.
117. Any guests found with unapproved visitors will receive an automatic cancellation of their booking with no refund. Kalinya reserves the right to immediately request all occupants of the property up to, and including, the Client who has registered for the property to vacate the premises immediately.
118. All Vendors must be pre-approved to enter the Property prior to stay and all contact details of such Vendors must be communicated via email to Kalinya, quoting your Booking details. External Vendors do not count towards Guest numbers.
Noise restrictions (Accommodation Bookings)
119. Kalinya Estate has an accommodation noise curfew. Music audible outside must be turned off before 10pm. Strictly
no noise is permitted outside after 10pm.
120. The Client must control noise, so it does not create a nuisance to neighbours at any time. Noise or unacceptable behaviour to neighbours will not be tolerated at any time. Noise means any sound that can be heard from neighbouring properties that disturbs their peace and quiet.
121. You must get our written approval and enter into an Event package if you wish to use a PA system or sound system, or if you wish to have any amplified music outside of the houses. No techno music or music with excessive base is permitted.
122. In the event that a reasonable noise complaint is received, the music will need to be turned down or off immediately in compliance with any direction from Council, the police or the Owners. Noise relating to guests shouting, singing loudly etc, also needs to meet noise restrictions.
123. Non-compliancewithanyoftheseTermsandConditionsinrelationtonoisewillresultintotalforfeitureoftheClient’s Security Bond and/or termination of the Stay.
124. Excessive noise (which is determined by the Owners in their absolute discretion), is not permitted at any time. After 10pm, all music that can be heard outside must cease and guests must internalise all noise. Noise is to be kept inside and to a minimum and all doors and windows closed.
125. Kalinya Estate is governed by the rural nature of the area and the Code of Conduct and therefore, loud music or offensive noise is not permitted at any time.
126. Guests making excessive noise or playing music which can be heard outside after 10pm will be asked to leave the property immediately and will not be accepted back onto the property.
127. If the Owners or Kalinya staff are required to be called out due to noise or other matters, a call out fee of $500 will be applied or taken from the Security Bond. If a second call out is required, the Client agrees they will forfeit their entire Security Bond.
128. Decibel readings are taken and logged throughout the course of each Stay in order to maintain the comfort of all neighbours and ensure there is no impact on neighbours use and enjoyment of their Property.
129. The Owners will direct all Music Suppliers to comply with the prescribed Decibel levels.
Party restrictions (Accommodation Bookings)
130. Like most hotels, Airbnb’s and accommodation providers, Kalinya has a zero tolerance policy on parties being held on
the property during Accommodation only bookings. We do not allow parties in any of the houses.
131. Any Client or Guests found to be having a party without booking an Event package or which does not conform with these Terms and Conditions or the Event package Booked, will receive an automatic cancellation of their booking with no refund. Kalinya reserves the right to immediately request all occupants of the property up to, and including, the Client and all Guests, Event Guests and Visitors to vacate the premises immediately.
Camping/sleep-out restrictions
132. There is strictly no camping in tents at Kalinya Estate.
133. There is strictly no sleeping -out in vehicles, camper-vans, motorhomes, buses, etc.
134. KalinyastaffareatthePropertyeverynightandanyonefoundinfringingtheseTermsandConditionswillbeaskedto leave the property immediately and will not be accepted back onto the property.
Pets
135. Pets are not allowed at Kalinya without prior approval in writing.
136. If approved, the requirements of Pets at Kalinya include, but are not limited to: pet faeces to be picked up and discarded in an appropriate bag and placed in our bins, dogs must be washed and free of vermin prior to arrival, please provide your own pet bed while at Kalinya, animals are not allowed in the houses, on the beds and furniture and must be kept outside, on a leash at all times.
137. Any additional cleaning required will incur a minimum cleaning fee of $500, over and above any payment required
to remedy any damage a pet may have caused. These fees will be charged to the Client credit card or deducted from the Security Bond.
Smoking and drug use
138. The properties /residence are all non-smoking.
139. Smoking is ONLY permitted in the designated outdoor smoking areas (away from the pool and hot tub areas), with
an ashtray; it is strictly prohibited inside any of the indoor accommodation or other buildings. Please note that a $5 tariff will apply for each cigarette butt that is not placed into the provided ashtrays/bins. This will be deducted from the Security Bond.
140. The use of illegal drugs at Kalinya Estate is prohibited, and any person found to be in possession of or under the influence of any illegal substances will be required to leave the property immediately.
141. If any of these terms or conditions are infringed, the guest who made the booking will be charged a cleaning fee of a minimum of $500, including if a smoke smell is present inside the room after departure.
Fires
142. Strictly no outside fire sunless the fire is in a designated fire-pit at Kalinya or inside the Pizza Oven. Outside fires must
be sufficiently controlled not to do any damage or to constitute a danger.
143. Fire, including in the Pizza Oven, are only allowed pending any restrictions at the time.
144. Indoor fireplaces are allowed year-round and must be sufficiently controlled to not constitute a danger to the Property or the Guests.
145. Automaticcancellationwithnorefundwilloccurifafireislitoutsideofthedesignatedareasorifnotapprovedby management.
146. A call out fee of $500 is payable should the smoke detectors go off and have to be reset.
Driveway safety and parking
147. Guests are not to exceed 10km/h on the paved driveway.
148. Drivingand/orparkingoffthedrivewayandparkingpays,includingdrivingorparkingonthegrassinsidetheProperty is strictly prohibited.
149. Please drive with caution, as your guests, our family and staff and wildlife are present on the property.
150. Guests parking within the grounds of Kalinya Estate must ensure they allow driveway access to the Barn to remain unobstructed. Additional parking is available along the East side of the property on Great Southern Road, front to fence. Due to safety precautions, there is no parking on Wellers Road.
151. Fees and charges and penalties up to and including cancellation with no refund will occur if guests exceed the speed limit, drive off the driveway, or obstruct the driveway, or are found driving under the influence of alcohol or drugs.
Decorations
152. OnlyNaturalConfettimaterialsarepermitted(i.e.petals,bubbles,leavesetc)howevertheymustbecleanedupprior
to departure. Please ensure that no synthetic confetti, rice or glitter is used at the property, as it harms our natural wildlife and resident animals. If confetti materials are used or discarded on the property grounds a cleaning fee will be deducted from the Security Bond or charged to the Client’s credit card.
153. Weallowopenflamecandleshowevertheymustbecontainedinjars,bottlesorasimilarvessel.Candlewaxshould not be able to reach the dining tables or any surface. Candles are strictly prohibited from all bedrooms for fire safety reasons.
154. Strictlynoglowsticksorfireworkspermittedontheproperty.
155. Nostickytapeistobeusedonpaintedsurfaces.
156. DamagetothePropertyasaresultofbreachesoftheseTermsandConditionswillbedeductedfromtheSecurityBond.
PART H – DAMAGE AND LIABILITY
Occupancy rules
157. The Client who booked the STRAA will be held accountable for any damages and losses caused at the Property by
them, their guests (including those Vendors or Visitors visiting the property) during the dates booked which may be subject to addition or charges.
158. Intheeventofanyloss,damageorinjurytothePropertyorpersonscausedbytheClientortheirInvitees,theOwners may hold the Client and any offending Invitees jointly and severally liable.
159. If the Client or Invitee cannot be charged for damages and losses after their departure, the charge will be deducted from the Security Bond.
160. Damagesandlossesmayinclude,butarenotlimitedtolinenandtowelreplacements,carpetstains,dirtywalls, excessive cleaning, rubbish removal, smell removal, linen damages/stains, use of candles leaving behind wax on furnishings and physical damage(s) to the property and/or its contents.
161. Kalinya reserves the right to proceed with any charges in addition to the Accommodation cost on the presented credit card and/or Security Bond supplied at the time of booking.
Damages
162. PleaseadvisetheOwneronarrivalifyoudiscoverdamage,breakageordefaultoryouhavereasontosuspectanitem
may be missing, otherwise we will consider this to be a responsibility of the current guest and will be charged accordingly.
163. Alldamages,breakagesorlossestotheaccommodation,furnitureandfurnishingscauseduringtheStayaretobe reported to the Owner immediately.
164. AlldamagesortheftwillbedeductedfromtheSecurityBondandintheeventthatdamages,ortheftexceedyour Security Bond, the on-file credit card will be charged accordingly.
Limit of liability
165. TheOwnersdonotacceptanyliabilitywhatsoeverforanyinjury,damage,loss,delay,additionalexpensesor
inconvenience caused directly or indirectly by any events that are out of or beyond our control. This includes but is not limited to bushfires, flooding, pandemics, air conditions and extreme weather events.
166. ThegroundatKalinyacanbeuneven.Kalinyadoesnotacceptanyliabilitywhatsoeverforanyinjury,damage,loss, delay, additional expenses caused by uneven ground.
167. Kalinya is an acreage property and chemicals and waste materials may exist on the ground and on the plants and trees in some areas. Kalinya does not accept any liability whatsoever for any injury damage, loss, delay, additional expenses caused by any chemicals or waste materials on the ground or on the plants and trees.
168. Kalinyareservestherighttodeclineabookingforanyreasonwhatsoeverattheirabsolutesolediscretion.
169. AllguestsenteratownriskandKalinyaarenotliablefortheirlosses.
170. No responsibility is taken for guest or approved visitor personal property left on the premises.
171. Lost property will be kept with Kalinya Management for a total of 2 weeks following your stay. Any items of lost property will be made available for Guest pickup.
172. The Client indemnifies the Owners against, and must pay the Owners on demand, the amount of any loss which the Owners suffer or incur arising out of or in connection with any loss of, or damage to, or loss of use of, any real or personal property, or the personal injury, disease or illness (including mental illness) to, or death of, any person, in relation to the Client’s or the Guest’s visit or the STRAA.
173. Without limiting the generality of this clause, the Owners shall in no circumstances be liable for the direct, indirect or consequential loss or damage arising from this STRAA suffered by the Client, the Guest or any third party for any loss or damage.
174. The rights, immunities, defences and limits provided for in these conditions shall apply in any action against the Owners for loss or damage whether the action be founded in contract, tort or otherwise, notwithstanding any breach of the contract or condition hereof.
175. If any act or omission by the Owners or staff in connection with or related to the performance of this agreement or any default or breach of this agreement by the Owners or staff causes or contributes to any harm or to any loss, the Client indemnifies the Owners fully in respect of:
a. all damages, loss, liability, costs, charges and expenses suffered or incurred by any party as a result of that act or omission or default;
b. any obligation to pay damages or satisfy any other liability in consequence of such a claim; and
c. all costs, charges and expenses incurred in that respect.
176. The liability of the guest to indemnify Kalinya will be reduced proportionally to the extent that any negligent act or omission of Kalinya contributed to the loss.
177. To the fullest extent permitted by law, the Client agrees that the Owner’s maximum aggregate liability to the Client or any Guest or any third party will not exceed the fee for Kalinya’s service or the fee for provision of the particular service in question, whichever is less. The Owners do not have any liability to the Client for any consequential or economic loss arising out of the provision of, or failure to provide, goods or services whether based on contract, tort, negligence, strict liability or otherwise.
178. The Owners make no representation about the suitability, reliability, availability or timeliness of any services, goods or the use of the Property or Accommodation or Event spaces that are supplied to the Client for any purpose.
179. Any claim by the Client or a Guest against the Owners must be notified to the Owners within 4 weeks of the last day of the Booking and adherence at the property after which any Claim made against Kalinya will be time-barred and not enforceable.
180. It is not necessary for the Owners to incur expense or make any payment before enforcing a right of indemnity under this agreement.
181. This clause survives termination or expiry of this agreement.
182. TheseTermsandConditionsaregovernedby,andaretobeinterpretedaccordingto,thelawsinforceintheStateof New South Wales. The Owners and the client submit to the non-exclusive jurisdiction of the court operating in NSW.
183. Anyreferencetolegislationorregulationsincludesanyamendingreplacingorsupplementinglegislation.
ADDITIONAL TERMS AND CONDITIONS FOR EVENTS INCLUDING WEDDINGS
Reception and ceremony terms & conditions
1. These Terms and Conditions relate to access to Kalinya Estate for the purpose of weddings and other Events.
2. Clients who book an Accommodation package at Kalinya Estate, may also use the Estate for a range of different activities such as weddings, special events, conferences, meetings and other Events, as part of their use of the Property under the STRAA. However, doing so is subject to the timely completion of Booking Documentation, and payment of the relevant Event Package fees.
3. If the Client is organising a Wedding or other Event during the Stay, the Client must:
a. Comply with these Terms and Conditions
b. Comply with the Code of Conduct
4. The Client must provide the Names and contact details of all Event Guests attending the Event to the Owners/ Manager at least 2 weeks prior to the event, and no person may attend the Event unless their name and contact details were provided to the Owner/manager on an Event Guest List.
5. If the Wedding or Event takes place during the COVID-19 pandemic, the Client warrants that:
a. They will comply with and ensure that all of their guests comply with all government restrictions and recommendations in relation to the number of guests permitted to attend the event, social distancing and hygiene.
b. They will comply with, and ensure that all of their guests comply with, all reasonable requirements of Kalinya Estate in relation to COVID-19 safety, including but not limited to any COVID-19 plan that Kalinya has in place from time to time.
c. They acknowledge that the COVID-19 pandemic can change rapidly and any associated restrictions and recommendations may change without notice.
d. Any activities that may breach social distancing recommendations and requirements are not permitted.
6. Rules for Weddings and Events can change at short notice, and we may be required to change or cancel your booking to meet any restrictions in place at the time of your booked activity. We will discuss this with you if the situation arises, however, we will not be liable for any damage which arises.
7. The various package inclusions and rates are set out in the following packages:
a. Accommodation packages (including Silver, Gold and Platinum)
b. Wedding packages (including Micro, Wisteria and Magnolia)
c. Private Events packages
d. Corporate Event packages.
8. Booking an agreed Accommodation package and an agreed Wedding or Event package at Kalinya Estate are both prerequisites before a Client can hold a wedding or other event of any kind at Kalinya Estate.
9. The categorisation of any activity or proposed activity at the Estate as a Wedding or other Event, and/or as a particular type of Event is at the sole discretion of the Owners and the Client will be liable to pay for the Event fee applicable to the Event package categorisation as determined by the Owners.
10. In circumstances where, based on the Client’s use of the Property and activities at the Property, the Owners determine (in their sole discretion), that the Event type or category has changed to a more expensive category, then the Client will immediately become liable to pay the Event Package rate for the Package that the Owners believe most closely represents the Event held.
11. The Owners reserve the right to require payment of an additional Security Bond for Weddings and other Events in
an amount at the Owner’s discretion. Refund of any Security Bond will occur when the Owners are satisfied that all of your Booking obligations and responsibilities have been met. Breach of Terms and Conditions will result in deductions from and in some instances, the total forfeiture of your security bond(s).
12. The additional security bond is due one month prior to check-in for your event; the security deposit shall be resolved within 14 days of check-out. In the event that there is damage to the property or furnishings, incurred costs shall be deducted from this amount. This may result in a reduction of, or a delay in, the return of your security deposit.
13. If damages exceed the bond taken, full payment will be required by the Client. We will carry out all replacements and any outstanding amount will be a debt owing by the Client to the Owners.
14. Prices are subject to change and can be withdrawn or varied, prior to a confirmed booking being made and deposit paid.
15. Payment plans can be made available to Clients on request.
16. For each guest attending over 150 persons (cocktail event only), a per guest surcharge applies.
17. In the circumstance of event cancellation, there is no refund and you remain responsible for the full tariff. However, Kalinya Management will use reasonable endeavours to accommodate any changes to a Booking that are requested at least 12 months prior to your Event.
18. If booking your event more than 12 months in advance, please acknowledge that package prices may need to be adjusted in order to cover any reasonable increases in costs between the booking date and the date of event.
19. Venue inspections are available by appointment only.
20. All Event Guests are required to observe the terms and conditions set out in the applicable Accommodation Package, Short-Term Rental Agreement and any other conditions determined at the time of booking, including in relation to trespass, noise and general behaviour; particularly at night.
21. The Wedding or Event is permitted to run for a maximum of 10 hours. The commencement time must be agreed between the Client and the Owners at the time of the booking.
22. Last drinks must be called by 10:00pm and all bar facilities must close at 10:30pm
23. All guests who are not booked to stay in the Accommodation must depart by 11:30pm
24. Any buses that have been arranged to transport guests are not permitted at the Property any later than 11:30pm
25. Failure to adhere to these conditions may result in forfeiture of your security deposit.
26. The Front gate will be locked at 11:30pm and not be available until 9am the following morning, unless alternative prior arrangements have been made with the Owners.
27. The Client is responsible for providing all catering, catering staff and associated equipment, other than cutlery, crockery and glassware provided by the Estate.
28. The caterer must be selected from Kalinya Estate’s Approved Caterer’s List, or otherwise be approved by the Owner at their absolute discretion.
29. Any children who are permitted to attend must be supervised at all times by a parent or guardian.
30. Any of your Event Guests deemed to be creating a nuisance (in the opinion of the Owner/ Manager) may be asked to leave the Property immediately and will be liable for any damage caused to the property, guests or Owner/ Manager.
31. Your Event must be conducted in a lawful and orderly manner. The Owner/ Manager may terminate your Event if it is deemed to be unlawful or dangerous.
32. The Owner/ Manager bears no responsibility to you for any loss, costs, damages or expenses that may be incurred due to the termination of your Event.
33. The Owner/ Manager reserves the right to retain Kalinya Estate staff members on site during your Event at all times.
Use of the facilities
34. The Estate ‘s facilities (including, but not limited to the pool, pool house, spa, BBQ’s, pizza oven, tennis/basketball court
and Barn entertainment areas), are not accessible to wedding guests not residing in the lodgings of the Estate; neither are they incorporated into your event. Guests solely attending the wedding or Event are only permitted in the Carriage House and the Estate’s gardens.
Run sheet
35. Clients are required to provide a run sheet of the day of the Wedding or other Event by email, 14 days prior to check-in.
This must include all your Vendor’s details and bump-in and bump-out times (setting up and packing up). Failure to do so may result in the cancellation of your Event.
Use of Vendors
36. Where goods and services are supplied from external vendors, additional terms and conditions pertaining to their
business will apply. You are responsible for any fees that may apply in relation to the supplier’s terms and conditions.
37. Service providers may bump-in and bump-out at their own discretion during the hours in which your accommodation is booked at the Estate. However, Vendors requiring access to the property outside of these booking hours, are subject to the approval of the Owner/ Manager.
38. All Vendors must have Public Liability Insurance, Food Safety Certificate and RSA credentials (where applicable) and this must be provided to Kalinya Management prior to the event. Bar staff hired for your event must possess an RSA and remain present for the duration of beverage service.
Catering and bar staff
39. Responsible Service of Alcohol (RSA) staff certification is the responsibility of the caterer/ beverage provider for the
duration of the event until the end of the Event.
40. We accept professional catering and bar service providers only.
41. All new catering and bar providers must be approved by Kalinya in writing before booking. We can provide you with our preferred Vendor list.
42. Catering/bar staff are required at our venue until close of the Event to finalise their cleaning duties and ensure the venue, kitchen, kitchen equipment, oven and bar area is left clean and tidy before departure.
43. Our Owner/Manager will check the kitchen and bar prior to Vendors leaving Kalinya to ensure all rubbish is removed, and all areas are left at a suitable standard.
44. Glass-washers and dishwashers must be turned off and emptied prior to the vendors departing Kalinya.
45. It is the responsibility of your caterer & beverage provider to clear the dining tables, kitchen and bar service area on site before they leave. This includes washing up, polishing and packing away all glassware, crockery and cutlery, cleaning kitchen equipment (including oven - internal and external), floors (swept & mopped), cleaning surfaces/ bench tops and stacking rubbish (separating rubbish/glass/paper for recycling).
46. If the caterer or client leaves the kitchen and bar service area dirty, or in a state of mess, the client will be liable for a minimum $1,000 fee to clean this up.
47. Please ensure your caterers line the bins in the kitchen with garbage bags before placing food scraps and waste inside.
48. Empty glassware must be regularly cleared from tables and any breakages must be managed by bar/catering staff immediately. Slip and trip hazards must be identified by the caterer/bar staff and Client throughout the Wedding or Event and identified with appropriate signage.
49. Any damages or missing items are the responsibility of the Client.
Alcohol
50. Responsible Service of Alcohol (RSA) staff certification is the responsibility of the caterer/ bar provider for the duration
of the event until close.
51. Service and consumption of alcohol is limited to the period of the event.
52. All service of alcohol must take place behind a designated bar area by approved catering/ bar staff members. Bar staff must bring their RSA cards.
53. Approved liquor signage must be displayed at all times in the bar (Carriage House, Terrace and Caravans) to adhere to licensing laws.
54. Bar staff must be hired through the approved catering company or a beverage service company with RSA staff and public liability insurance. RSA staff must not be friends of the Client.
55. For a wedding over 50 people, two bar staff are required. For a wedding over 100 people, three bar staff are required, for a wedding over 150 people, four bar staff are required.
56. No shots allowed.
57. Aperitif /cocktails/spirits for a limited timeframe of 3 hours unless this approved otherwise by Kalinya Management.
58. The Owners are not responsible for guests of the bride and groom. RSA staff will not serve alcohol to intoxicated guests. Any misbehaved or intoxicated guests will be refused alcohol service and asked to leave the Property.
59. To reduce breakages, slippages and injury to guests, no drinks are permitted on the dance floor.
60. Once the bar is closed, the Event alcohol is not accessible until the day of departure. It is the responsibility of the hirer to take all left over alcohol with them upon departure.
61. Alcohol is not permitted to be taken off site by your Event Guests at the conclusion of your event. There are strictly no ‘takeaways’ from the Event.
62. No alcohol is to be tipped down sinks, as doing so damages the enviro-cycles. Any damage or rectification costs caused by Client’s or their Vendors breaching this term will be deducted from the Security Bond.
Staff and security
63. The hirer must provide the appropriate certified RSA staff through their approved catering/beverage provider for the
duration of the event.
64. Kalinya includes in its charges 1x Manager for the end of the night proceedings, to supervise guests/staff, and assist with guest departure and venue lockup.
65. Security guards may be hired by the Owners if the Owners determine this is necessary. The cost of these security guards is included in your event fee.
66. If it is determined at the sole discretion of the Owners that the Wedding or Event is becoming out of control and posing a safety risk, the security guards and/or the Owners will take the appropriate action, including but not limited to removing guests from the Property.
Decorations
67. There must be no alterations to existing fixtures and fittings.
68. Clients or their Vendors may decorate the venue themselves within the time Booked.
69. Only ‘Natural Confetti’ materials are permitted (i.e. petals, bubbles, leaves etc.); however they must be cleaned up prior to departure. Please ensure that no synthetic confetti, rice or glitter is used at the property, as it harms our natural wild life and resident animals. If confetti materials are used or discarded on the property grounds, a cleaning fee will be deducted from the Security Bond or charged to the Client’s credit card.
70. We allow open flame candles however they must be contained in jars, bottles or a similar vessel. Candle wax should not be able to reach the dining tables or any surface. Candles are strictly prohibited from all bedrooms and all outdoor areas for fire safety reasons.
71. Strictly no glowsticks or fireworks permitted on the property.
72. Anything to be hung from the ceiling (including roof installations) must be approved with Kalinya Management prior to event. You must use existing installed rigging points to hang roof installations.
73. We do not allow any greenery to be picked from property gardens or grounds, or disposed on the grounds, under any circumstance. Green waste must be removed by the florist or client.
74. If furniture, props or items are moved, they must be placed back in their original position prior to departure, otherwise additional charges will apply.
75. Furniture must not be left outdoors overnight. If moving furniture outside, this must be set up on the morning of the Wedding or other Event by the Client or Event coordinator.
76. All power cords must be tagged, covered and fixed with tape or mats for the safety of guests. Cords which are identified as a tripping hazard or are exposed are not allowed.
77. If you wish to have an outdoor setting this is on approval only and furniture must be hired from the Owners or from an external supplier. For outdoor dining, Event clients are required to book an approved day coordinator. An outdoor caterer must provide all equipment needed to service your function.
78. Under no circumstances must any artwork, sculpture, signage or fixtures on the property be touched.
Terms and Conditions | KALINYA ESTATE

79. Kalinya Management reserve the right to seek reimbursement to reinstate the site to its original condition if deemed necessary.
Event spaces
80. The Owner/ Manager may assign an alternate area within the Property for your event if the selected space is
unavailable or deemed inappropriate at that time.
Cleaning
81. Only basic cleaning costs are included in your Booking.
82. Guests are responsible for removing all rubbish, bottles, cigarette butts etc. We provide garbage bins for events and household rubbish. Additional cleaning fees may apply where there is excessive mess; this will be deducted from your Security Bond.
83. The Carriage House, including the kitchen, cool room, bar and storeroom, must be left in a reasonable and clean condition.
84. Rubbish and recycling must be removed by any service providers on-site. Please ensure your vendors comply with this condition. Any additional cleaning costs in these areas will result in associated fees being deducted from the Security Bond.
Noise, entertainment and audiovisual
85. Kalinya Estate has a noise curfew for Events. Music audible outside must be turned off before 11pm on Fridays and
Saturdays and 10pm on other nights.
86. The Client must control noise, so it does not create a nuisance to neighbours at any time whether due to noise level or duration. Noise or unacceptable behaviour to neighbours will not be tolerated at any time. Noise means any sound that can be heard from neighbouring properties that disturbs their peace and quiet.
87. Music providers and the dance floor must be situated inside the Carriage House or inside the Terrace unless otherwise agreed with the Owners.
88. The engagement and the conduct of entertainment providers is the responsibility of the Client.
89. Kalinya prefer professional entertainment providers, but may allow friends on application.
90. Details of entertainment providers must be provided 14 days prior to the Booking dates.
91. The Owners will direct all Music Suppliers to comply with the prescribed Decibel levels.
92. No sub woofers and no techno-style dance music (i.e. music with excessive base levels) is permitted at any time during Accommodation or Event Bookings.
93. If the Owners or Kalinya staff are required to be called out due to noise or other matters, a call out fee of $500 will be applied or taken from the Security Bond. If a second call out is required, the Client agrees it will forfeit the entire Security Bond.
94. Weekend Events: music must cease by 11:00pm. The Owners may require you to close doors and lower the volume of
music prior to this at their sole discretion.
95. Mid-week Events: music must cease by 10:00pm. The Owners may require you to close doors and lower the volume of music prior to this at their sole discretion.
96. All music in the Carriage House or the Terrace must remain under 85 decibels for the duration of the Event measured inside the Carriage House (or Terrace House for a Micro wedding).
97. Kalinya Management will monitor noise with a decibel reader and give directions to Guests based on the results of that monitoring which must be followed. Failure to follow the directions of the Owners or Staff of Kalinya will result in the forfeiture of the Security Bond.
98. Kalinya Estate offers general audio equipment including a smartphone input supported by our in-house PA sound system (including mixer). There are no outdoor speakers, amps, sub-woofers or alternate amplification allowed at the property without written permission.
99. Only the speakers provided may be used unless the Owners provide written permission. Speaker volume is set and must not be tampered with.
100. PermissionforlivemusiciansorDJsaresubjecttotheowner/Manager’sapprovalandareonlytobeset-upinthe Carriage House or other designated location. All approved musicians must use the Kalinya Estate speakers and are only to bring their own speakers with prior approval from the Owner/ Manager.
101. A speaker and microphone can be supplied for the ceremony. Celebrants/Ministers are able to bring their own speaker and microphone. No indoor speakers are to be brought into outdoor ceremony spaces.
102. Noiserelatingtoguestsshouting,singingloudlyetc,alsoneedstomeetallnoiserestrictions.
103. NoncompliancewiththeTermsandConditionofthissectionwillresultinforfeitureofsecuritydeposit.
Venue curfew
104. TheCarriageHouseand/orTerracedoorsarelockedbystaffat11:30pm(10:30pmonweekdays)andnooneis
permitted in the area after this time (excluding staff who will be completing pack up and cleaning).
105. Catering/Barstaffarerequiredatourvenueuntilclosetofinalisetheircleaningdutiesandensurethevenueand kitchen is left clean and tidy before departure.
106. Kalinya’sOwner/Managerwillhelpdirectgueststotransport,moveanyKalinyaoutdoorfurnitureinside.
107. External Guests must be transported off the property via bus or car. No External Guests are permitted on the property after 11:30pm (10:30pm on weekdays).
108. AllExternalGuestvehiclesmustbeoffsiteby11:30pm(excludingaccommodationguests).
109. IfGuestsdelaytheirvenuedeparturealatedeparture/calloutfeewillbeapplied.
Housekeeping
110. The Client and all their Guests should leave the venue, accommodation and property in a clean condition on
departure. A general clean of all areas must be conducted prior to departure and furniture must be placed back in its original position. An additional fee will be incurred if the venue or facility is left with an excessive amount of cleaning.
111. Clients are required to ensure; all hire items are boxed correctly and ready for pick up in one location (as per the hire company terms & conditions), personal belongings have been removed, all rubbish/glass in the rubbish bins provided, bathroom tidy, kitchen clean (including all equipment), venue left in a clean condition (all surfaces), Kalinya furniture
in original position (clean and in working order), all rubbish picked up from venue lawns, property grounds and ceremony location including glass, cans, petals and cigarette butts. Green waste must be removed by florist and not discarded on the property grounds or in bins. Additional fees will be charged if you have not left the venue, grounds and accommodation to the appropriate standard.
112. If additional cleaning is required due to the above conditions not being met by the Client a cleaning fee will apply and starts from $300, depending on the state of the venue. Additional fees will be charged for excess cleaning or moving furniture back to original position. Additional cleaning fees will be taken from the bond.
113. Any damaged or missing items will be replaced by taking their required amount from the Security Bond.
114. It is the Clients’ responsibility to ensure cutlery/crockery is clean, boxed/placed in original locations before you depart. All breakages must be paid directly to the applicable hire company or Kalinya or will be taken from the bond.
115. We recommend booking a pack-down service with Kalinya if you do not wish to pack up the venue.
116. No props, décor or personal items can be left on site at the conclusion of the booking.
Smoking
117. Kalinya has strict smoking guidelines that must be adhered to:
a. No smoking inside ANY of the buildings, including the accommodation.
b. No smoking within 4m of any door or window opening
c. Cigarette butts must be disposed of before departure. Ashtrays must be used. Failure to do so will incur a $5 tariff per butt.
Transport and parking
118. Kalinya Estate can be accessed by standard size coaches and buses.
119. There are approximately 25 car parking spaces available on or on street at the Property (this includes onsite guests, working staff and designated drivers). Cars should be kept to a minimum for traffic management.
120. All groups over 60 people should consider hiring a bus to transport guests to/from the property.
Property grounds – condition and construction
121. Kalinya is a venue that continues to change and evolve. When you book Kalinya, please be aware that new additions and improvements are being made, which may include construction works during the time of your wedding.
122. Upgradesandimprovementstothepropertyareofteninresponsetogeneralupgradesorforsafetypurposes.
123. Wearenotalwaysabletopredicttheexactextentordurationofsuchworks.Wemakeeveryefforttokeepourclients informed.
124. Kalinya Estate will be provided in the best condition on the day. Due to seasonal variations, some plants may not be in flower and therefore may not present as viewed at the time of Booking.
125. Whilst we do our best to keep the grounds tidy before your event, please note there is wildlife and animals on the property.
Children
126. A responsible adult must supervise children at all times, particularly at all ceremony locations, especially near bodies of water.
127. It is our recommendation, that you organise for someone to supervise the children during the Event, such as a babysitting service.
Liability
145. The cost of compensation for any damage to equipment, buildings, artworks or grounds, is the responsibility of the Client.
146. TheOwnersarenotliableforevents/circumstancesbeyondtheircontrolsuchasweatherrelatedissues,flood,fire, acts of nature, pandemics, road closures or technical problems with transport and energy supply which may affect the facilities. Upon discretion Kalinya may cancel or postpone the event.
147. The Owners do not accept any liability whatsoever for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by any events that are out of or beyond our control.
148. Intheeventofanemergency,allguestsmustfollowthedirectionsofKalinyastaffandauthorities.
149. Kalinya reserves the right to close an Event if guest behaviour poses a risk to people or property.
150. No swimming allowed in any of the ponds or dams.
151. The property has wildlife, a pond and a dam. It is the Client’s responsibility that guests are made aware of this for safety.
152. UseoftheFirepitsandoutdoorfireplacesissolelyatKalinyaManagementdiscretionandtheyreservetherightto approve or decline its use at any time.
153. TheClientisboundbythesebookingtermsandconditionevenwhenthebookingisonbehalfofotherpersonsnamed in the booking.
154. Ourpublicliabilityinsurancepolicydoesnotcovertheliabilityofanyotherpartysuchassuppliersandtheir subcontractors. The Client is responsible for ensuring that all third party contractors and suppliers have appropriate and current public liability insurance policy. Please share all relevant documentation prior to arrival.
155. TheClientindemnifiestheOwnersandstaffagainstclaims,losses,actions,damages,costsandexpenses,personal injury, death or damage to property arising from the Client’s use of the Property or any other person directly or indirectly associated with the Client’s use of property or by the Client’s failure to comply with these booking terms and conditions.
156. AllpersonsenterthePropertyattheirownrisk.
157. The Client will take full responsibility for any Guests on the property during the Booking period, and adhere to the Terms and Conditions.
Loss/theft/damage
158. TheOwnerstakenoresponsibilityfortheClient’sorguests’personalproperty.
159. The terms and conditions are correct at time of sending and may be subject to change at any time.

Payment Policy

50% of the rental fee is payable at time of booking. The remaining 50% is due 29 days prior to check-in date. Kalinya Estate will accept direct deposit payments or payment by Credit Card (Visa and Mastercard only). 2% credit card fees apply.

Security Deposit- A credit card pre-authorisation of $2000 per stay will be held on all bookings as a bond. This security deposit shall be refunded within 7 days of Checkout, provided no deductions are made due to:

1. Damage to the property or furnishings;
2. Dirt or other mess requiring excessive cleaning;
3. Garbage not being removed;
4. Missing contents from the accommodation;
5. Excessive electricity, gas or firewood use;
6. Any excess cost not in the agreement incurred by the Homeowner due to the Guest’s stay.

If the premises appear dirty or damaged upon check-in, the Guest shall inform the Homeowner immediately.

KALINYA ESTATE DIRECT DEPOSIT PAYMENT DETAILS:

Payment of the Rental Fee and security deposit is to be by EFT to the following bank account:

Account Name: Amanda Barnes
BSB: 112 879
Account No. 438 594 384

Cancellation Policy

1. Any cancellation or amendment must be in writing.
2. The Homeowner may refuse to amend a booking once it has been confirmed in writing and any amendment or transfer of the deposit to another booking will be at the sole discretion of the Homeowner.
3. The Homeowner may cancel a booking by notice in writing if the Guest fails to make any payment due under this Agreement, the Rental Rules or additional terms when that payment is due.
4. If the Guest cancels this Agreement more than 29 days prior to the commencement of the Term, the deposit shall be forfeited by the Guest, however, the balance of the Rental Fee will not be payable.
5. If the Guest cancels the Agreement fewer than 30 days prior to the commencement of the Term, the full Rental Fee will remain payable by the Guest and any payment made will be forfeited by the Guest.
6. If the Homeowner cancels this Agreement at any time prior to the commencement of the term the Homeowner will refund the Guest any money paid prior to cancellation.