Maleny Country Estate

Terms & Conditions

This Booking Agreement (the Agreement) is between Maleny Country Estate ABN (57 165 600 402) for the short-term holiday rental of the Property located at 366 Reesville Road, Reesville, QLD, 4552 (the Property) and the Guest(s) named in the Booking.

IT IS AGREED AS FOLLOWS:

1. ACCEPTANCE

This Agreement (the Agreement) and all other legal notices (accessible at https://www.malenycountryestate.com.au) and any schedules, annexures, attachments relating to this Agreement, provided with, or separately forming part of this Agreement. By completing the Booking, the Guest will be deemed to have accepted this Agreement and acknowledges if they do not accept these terms and conditions, they must not proceed with the Services or payment for the Services.

2. BOOKINGS

2.1. Online Booking

By using our online booking system ‘Little Hotelier’, part of Online Ventures Pty Ltd (trading as ‘Siteminder’) ABN 59 121 931 744, you agree to their terms and conditions accessible at www.littlehotelier.com. The person making the Booking will be the registered Guest. However, all Guests staying at the Property will be required to register upon check-in. You consent to providing your personal data and acknowledge that if you do not consent, we may not be able to provide some or all of the services. For more information regarding personal data, please refer to our Privacy Policy. You agree that all information you provide to us will be true, accurate, current, and complete. You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate, or misleading, we may, at our sole discretion, suspend or terminate your access to the Website, our Property and our Services.

2.2. Rates

Rates quoted are in Australian dollars and are subject to change at any time and depending on availabilities. Rates are inclusive of GST where applicable. Verbal quotes are estimations of price only and are subject to written advice on the booking confirmation.

2.3. Check-Ins

Check-in is available from 14:00-19:00 (2:00PM- 7:00PM) on the day of arrival. The reception is not always manned, for late check-ins or to enter the Property when the reception is unmanned, a code or contact phone number will be provided in your pre-arrival email.No check-ins will be allowed on Mondays and Tuesdays as our reception office is unmanned.

2.4. Check-Outs

A strict checkout time of 10:00am on date of departure is applied to all reservations. Due to the nature of our events facilities and incoming event guests, no late check-out will be available, unless prior approval is agreed in writing by the General Manager or Owner/s of MALENY COUNTRY ESTATE.

All key’s must be returned to reception, either in the box provided if unattended, or in person to MALENY COUNTRY ESTATE staff. In the event that the guest/s forget to return the key, it must be express posted at the guest’s own expense back to MALENY COUNTRY ESTATE. If the key is lost, guest/s must advice MALENY COUNTRY ESTATE staff immediately, a fee for replacement will apply, please see section 11 Costs Schedule.

No check-outs will be allowed on Tuesdays as our reception is unmanned.

2.5. Length of Stay

There is a standard two night minimum stay. Minimum length of stay restrictions apply to certain rates. There is a maximum length of stay of 5 nights, unless approved in writing by the General Manager or Owner/s of MALENY COUNTRY ESTATE. Stays of longer than 5 nights will incur additional “bond” fees agreed on an individual basis in writing by the guest/s and MALENY COUNTRY ESTATE management.

2.6. Number of Guests

At no time during the Guest’s Booking shall the number of Guests staying exceed the number booked, unless prior written approval is provided by MALENY COUNTRY ESTATE.

2.7. Group Bookings

(a) MALENY COUNTRY ESTATE accepts group Bookings. These can be made simply through our booking engine.

(b) MALENY COUNTRY ESTATE accepts “Exclusive Use” group bookings. These bookings must be made directly with MALENY COUNTRY ESTATE management. For questions or to make an “Exclusive Use” booking, please send your enquiry to info@malenycountryestate.com.au. Guests with bookings for “Exclusive Use” will have full use of the Property. In the event access to areas of the estate do not have public access, guests will be advised at booking.

(c) All Guests in group bookings will be required to complete a guest registration form and only registered guests will be permitted to occupy the property for the duration of the stay.

(c) Visitors of Guests on the Property must be family members, friends, other responsible adults over twenty-one (21), or otherwise accompanied by a parent or legal guardian. These visitors must fill in a registration form on arrival and must not stay on the property. Any visitors of guest/s will not be insured by MALENY COUNTRY ESTATE as guest/s of the property and are the sole responsibility of the Guest/s booking.

2.8. Children and Minors, Schoolies

2.8.1. Children and Minors

(a) Children under the age of ten (10) are permitted as Guests only when accommodation is booked by and accompanied by a responsible adult. All reservations made with guest/s under the age of ten (10) will require a minimum of one adult in each accommodation suite. The accommodation prices for children are included in the standard rate and refer to using existing bedding.

(b) Children under the age of eighteen (18) are permitted as Guests only when accommodation is booked by and accompanied by a responsible adult. All reservations made with guest/s under the age of eighteen (18) will require a minimum of one responsible adult in each accommodation suite. MALENY COUNTRY ESTATE has the right to check ID and attend accommodation suites should there be reason to believe no responsible adult is present.

(c) Additional charges will apply if port-a-cot is required. Please see Extras when booking.

(d) Children must be supervised at all times, especially around fencing, pools, dams, stairs, verandas, balconies, and cleaning and/or chemical products. MALENY COUNTRY ESTATE is not responsible for any children staying at or visiting the Property.

(e) MALENY COUNTRY ESTATE is geographically located in a rural zoned area and operates as a working farm, as such there are a number of animals, insects, reptiles and mammals that call our estate home. We ask that all Guests, please respect our geography and give any wildlife a safe distance, and report any sightings of concern to MALENY COUNTRY ESTATE staff as soon as possible.IMPORTANT NOTICE: It is the sole responsibility of the Guest/s who made the reservation to ensure any guest/s, minors, visitor’s and children attending do not interact directly with any wildlife on site. MALENY COUNTRY ESTATE is not responsible nor liable for any children staying at or visiting the property.

2.8.2. Schoolies

MALENY COUNTRY ESTATE does not accept Schoolie’s reservations or bookings from anyone under the age of eighteen (18). All reservations made that have guests under 18 will require a minimum of one adult in each residence. MALENY COUNTRY ESTATE reserves the right to inspect ID and to visit accommodation suites should we suspect no adult is present.

2.9. Smoking

MALENY COUNTRY ESTATE is a mostly non-smoking venue. Our property is located in heavy bushland and can at times of drought be very dry, thus falling into bush fire hazard zones. Guests are only permitted to smoke in designated areas (identified at check-in or in your pre-arrival email) and MUST safely dispose of butts in dedicated bins and ashtrays. Butts must not be disposed of in fireplaces or firepits and must be fully put out with no embers before putting into bins. Penalties apply for misconduct and misuse, please refer to Cost Schedule for further information.

2.10. Pets

MALENY COUNTRY ESTATE is not a pet friendly venue. Due to our geographical location and the large number of native wildlife and farm animals (wallabies, koala, chickens, ducks, birdlife, deer, horses and cattle), Guests are not permitted to bring Pets of any kind as it risks the injury, death and abandonment of natural habitat of these animals.

Guest/s who arrive with pets will be asked to leave and forfeit the deposit of their booking. Penalties also apply for any misconduct or concealment of pets, please refer to Cost Schedule for further information.

3. PAYMENT POLICY

(a) For all reservations, excluding Solothurn House and for Exclusive Use, a payment of a 40% deposit for the total stay will be taken at the time of booking, with the outstanding balance payable at check-in.

(b) The Guest/s will pay MALENY COUNTRY ESTATE the fees at the rate and in the manner specified in the Booking.

(c) The Guest agrees to pay 50% Deposit and any applicable booking fee due at time of booking where the Guest has booked either Solothurn House or for Exclusive Use. The remaining 50% is due twenty-one (21) days prior to the check-in date.

(d) The Guest acknowledges that the check-in details will not be provided unless the full payment has been paid.

(e) MALENY COUNTRY ESTATE accepts payment by Credit Card (Visa and Mastercard).

(f) A credit card pre-authorisation will be held on all Bookings as a Security Bond and a set fee when Guest is booking Solothurn House or for Exclusive Use. See 5.1 for the Guest’s Booking. Valid credit card details will be held as Security Bond for the Booking. For more details on the Security Bond, please refer to clause 5.

4. CANCELLATION POLICY

4.1. Accommodation Bookings – excluding Solothurn House and Exclusive Use

(a) No Cancellations or Re-Schedules are accepted on the day of arrival, after check-in or outside the nominated (7 days) cancellation window. In these instances, the deposit is forfeited and non-refundable.

(b) In the instance that the reservation is cancelled within 24 hours of arrival date, the Guest will be charged 50% of the total stay in all circumstances.

(c) Cancellations or Re-Schedules made 7 days (or more) prior to arrival are refundable, less a $25.00 Administration Fee.

(d) Cancellations or Re-Schedules made less than 7 days prior to arrival; full deposit will be forfeited.

4.2. Exclusive Use and Solothurn House Bookings

(a) No cancellations or re-schedules are accepted on the day of arrival, after check-in or outside the specified (21 days) cancellation window. In these instances, the deposit is forfeited and non-refundable.

(b) In the instance that a reservation is cancelled within 24hours of the arrival date, the Guest will be charged 50% of the total stay and a $150 Administration fee.

(c) Cancellations or reschedules for Solothurn House must be made 21 days (or more) prior to date of arrival and have written confirmation from MALENY COUNTRY ESTATE that the booking has been cancelled or rescheduled. In this instance an Administration fee of $150.00 will be required.

(d) Cancellations or reschedules for Exclusive Use must be made 30 days (or more) prior to date of arrival and have written confirmation from MALENY COUNTRY ESTATE that the booking has been cancelled or rescheduled. In this instance an Administration Fee of $300 will be required.

4.3. General

(a) A Booking may be cancelled due to force majeure, terrorism, natural disasters, political instability, or other external events (excluding health pandemics) making it unviable for us to uphold the Booking. Where your Booking has been varied or cancelled, we will use our best endeavours to provide an alternative option or dates that are substantially the same or as similar as practical to the original Booking, or voluntarily offer you a right to cancel or change a Booking via our booking system.

(b) You acknowledge that such a necessity may arise from time to time, and any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those outlined in the terms and conditions of the Agreement. Under these circumstances, we will not be responsible for any incidental expenses that you may have incurred as a result of your Booking.

(c) MALENY COUNTRY ESTATE reserves the right to refuse or grant refunds for the Services, pursuant to the Competition and Consumer Act 2010 (ID Act). Any requests by the Guest for refunds must be detailed in writing and will only be considered when options for remedies or replacements have been exhausted.

4.4. Refunds

(a) If a reservation (excluding Solothurn House) is cancelled or re-scheduled 7 days (or more) prior to arrival, the deposit is refundable, less a $25.00 Administration Fee.

(b) If a reservation (excluding Solothurn House) is cancelled or re-scheduled less than 7 days before arrival, full deposit will be forfeited.

(c) If a reservation for Solothurn House is cancelled or re-scheduled 21 days (or more) prior to date of arrival, the deposit is refundable, less a $150.00 Administration Fee.

4.5. Refunds will be processed within 7-10 business days from date of confirmed cancellation or reschedule and a receipt of confirmation will be sent to the email address associated with the booking.

5. THE PROPERTY

5.1. Guest Obligations and Permitted Use

The Guest agrees:

(a) to be an occupant of the Property for the entire duration of the stay;

(b) not to sublet or allow unregistered Guests to stay at the Property;

(c) to comply with all applicable laws and regulations;

(d) to co-operate with MALENY COUNTRY ESTATE and abide by these terms and conditions during their stay at the Property;

(e) not to use the Property for any purpose other than the purpose as set out in this Agreement;

(f) to close and lock doors and windows, turn off lights, fans and electrical appliances at check-out, and when the Guest is not present at the Property, and to contact MALENY COUNTRY ESTATE immediately where they are not able to secure the Property. This is to prevent theft of or damage to furnishings or the Guest’s personal property or insects and bugs getting into accommodations.

(g) not to use the Property for any criminal activity, including online, and acknowledges MALENY COUNTRY ESTATE will cooperate with any investigation of alleged criminal activity at the Property during or after the stay;

(i) not to smoke on the Property, including all guest rooms and communal spaces, decks, poolside and outdoor areas, except in the designated areas;

(j) not to use the Property for parties and gatherings without prior written permission;

(k) not to use glassware in the pool area at any time;

(l) to not have pets on the Property;

(m) to abide by the Noise and Good Neighbour Policy highlighted in section 6 of this agreement; and

(n) to leave the Property in the same condition as found, returning all furniture and styling pieces to their original location; and

(o) not to nail, screw, staple or fix anything to any wall, door or other surface or part of the building.

5.2. Guest Facilities

(a) The Guest must contact management immediately with the 24-hour emergency contact number listed in each suite, in the event of an emergency.

(b) Free internet connection is available to all Guests at Solothurn House and in communal areas. The connection of the internet during the Booking is not guaranteed and may be disrupted or unavailable without notice.

(c) Under no circumstances are dirt bikes, quad bikes, use of firearms or air rifles, fireworks allowed on the Property premises.

(d) All sporting and leisure equipment that is available to use or rent at the Property must be securely stored and returned in the same condition. Lost, stolen or damaged goods will incur costs in accordance with the Costs Schedule or those of the third-party supplier. The Guest agrees that they are solely responsible for the use of and return of any and all equipment from a third-party supplier and MALENY COUNTRY ESTATE does not accept liability for these goods, including the cost of repair, replacement or return.

(e) It is the responsibility of the Guest to ensure that any third parties engaged to provide services at the Property, including but not limited to caterers, beauticians and massage therapists, are informed of these terms and conditions, and hold appropriate Public Liability insurances. MALENY COUNTRY ESTATE accepts no liability for any third-party services, including those which may have been recommended or referred by MALENY COUNTRY ESTATE .

(f) All personal Property left behind is the sole responsibility of the Guest who must either arrange payment for post or delivery or collect the item from the Property.

(g) The Guest acknowledges the Property may be visited by wildlife including, but not limited to rodents, insects, kangaroos, wallabies, deer, koala, echidna, wombats, snakes and spiders, and agrees MALENY COUNTRY ESTATE is not responsible for the natural and surrounding habitat.

(h) MALENY COUNTRY ESTATE does not accept liability or loss caused by failure of equipment and/or services out of our control, including, but not limited to, water, electricity, gas and internet. In the event of a failure, the Guest should notify our team in the first instance. Any problems that arise during the rental period that do not constitute an emergency as determined by management, will be remedied at any time during or after the rental period, at the sole discretion of the management.

(i) MALENY COUNTRY ESTATE reserves the right to enter the Property at any time, without notice, to protect and/or undertake maintenance of the Property. MALENY COUNTRY ESTATE will give notice to the Guest wherever possible.

5.3. Reviews and Social Media

(a) We encourage our Guests to tag @malenycountryestate and ‘check-in’ via our Facebook page when posting during their stay at the property, and unless you expressly object, we may tag you in some of our posts on matters of interest or repost your images on our accounts.

(b) Where, upon request, you provide us with images of you or others, taken during your stay at the Property, unless you expressly object, you agree to release and hold us harmless for any liability in relation to the images which we may use for our marketing material or for promotional purposes.

(b) Guests agree testimonials we have received from other guests received by us are indicative of that guest’s experience at the Property and may not necessarily be typical. You recognise and agree these are not a guarantee of the experience you will have at the Property, though we do our best to ensure every Guest is satisfied.

(b) In the event you experience any issues or problems during your stay, you agree to give MALENY COUNTRY ESTATE the opportunity to rectify the situation prior to leaving negative reviews that may be published in the public domain, and which may be damaging to our reputation.

(c) Guests agree that upon leaving a review they consider the regulations regarding false statements under the Competition and Consumer Act 2010 (QLD), and pursuant to the Defamation Act 2005 (QLD), which allows for anyone who has had damaging material published about them or which may cause injury to their business, to take legal action against authors.

6. NOISE AND GOOD NEIGHBOUR POLICY

6.1. Noise

The guest/s acknowledge that parties and gatherings are strictly prohibited at MALENY COUNTRY ESTATE without prior written permission from management, and that all noise shall be kept indoors after 10pm and prior to 8am. Excessive noise, music, and any other form of disturbance to neighbours and other MALENY COUNTRY ESTATE Guests is prohibited at all times and may result in an eviction without refund. Additionally, where MALENY COUNTRY ESTATE staff, security guards or the police are required to attend the Property to deal with noise complaints or excess Guests, or where a complaint has been received from the neighbours during or after your stay, you may be charged a fine in accordance with the Costs Schedule. Evidence of a party or function found after the Guests have checked out shall result in an additional charge.

6.2. Neighbours

A ‘good neighbour’ policy shall be enforced at MALENY COUNTRY ESTATE. You acknowledge that MALENY COUNTRY ESTATE will be treated with as much care as your own residence, and that it shall be left in the same condition as when you arrived. Behaviour exhibited by you and/or other Guests that is disrespectful of and/or disruptive to neighbours, traffic flow or the community, or which prompts complaints to MALENY COUNTRY ESTATE management from the police, local council, neighbours or other guest/s shall not be tolerated and may result in a fine or eviction. You and other Guests agree to abide by all applicable parking restrictions and limitations.

7. COSTS AND DAMAGES

7.1. Pre-Authorisation – Accommodation Suite Reservations

All Bookings will require a credit card pre-authorisation for all accommodation bookings. If after a full inventory and inspection has been completed at check-out, any inventory identified as damaged, broken or missing, the guest/s will be responsible for the cost of repair or replacement of property (if applicable). The full cost of replacement, or repair to any item within the Property will be charged to the credit card supplied at booking. You remain responsible for, and will be charged for any damage, or cost of repair or replacement. For more information on additional charges, please refer to Section 5.3 “Assessment and Repair” and Section 11 “Cost Schedule”.

7.2. Security Bond – Solothurn House Reservations

All bookings made for Solothurn House will require a credit card pre-authorisation, where a Security Bond in the amount of $1000 for all bookings will be required. The bond will be retained until an inventory and inspection has been completed at check-out, with the cost of repair or replacement of property (if applicable) to be deducted from your Security Bond. Should the cost of damage or missing property exceed the Security Bond, the excess will be charged directly to the credit card used at the time of booking. Should the cost of repair or replacement be less than the Security Bond, the total cost to repair or replace items will be deducted from the guest/s Security Bond and the remainder shall be refunded to you within 7 days. The guest/s and their visitors remain responsible for, and will be charged for any damage, or cost of repair or replacement in excess of the Security Bond.

7.3. Assessment and Repair

(a) The Guest acknowledges that breaching the obligations or any terms of this Agreement may result in fees as outlined in Section 11, Costs Schedule and/or any other associated consequences of the breach.

(b) All damages, breakages or losses to the Property, furniture and/or furnishings and fittings are to be reported immediately to management. To avoid being charged for any damage not caused by the Guest, such faults or breakages should be brought to the attention of MALENY COUNTRY ESTATE management immediately following check-in.

(c) Following a final inspection and assessment after check-out, the Guest agrees MALENY COUNTRY ESTATE is permitted to charge the Guest’s credit card for any applicable charges incurred in accordance with Section 5 and the Costs Schedule identified in Section 11 of this agreement; and at MALENY COUNTRY ESTATE management’s sole discretion upon determination.

8. PRIVACY

MALENY COUNTRY ESTATE agrees to comply with the Privacy Policy, the Privacy Act 2009 (IP Act) and all other applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use, and disclosure of information about identifiable individuals (Personal Information) held by or on behalf of the Guest to the extent that they are legally obligated to comply with these laws. Please also refer to the privacy policy of our online booking system Online Ventures Pty Ltd (trading as ‘Siteminder’) ABN 59 121 931 744 accessible at www.littlehotelier.com.

9. ASSUMPTION OF RISK

You agree to be responsible for any damage to the Property or equipment which you may cause due to negligence.
You hereby waive and release, indemnify, hold harmless and forever discharge MALENY COUNTRY ESTATE, and its agents, employees, officers, directors, affiliates, successors and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that you ever had or may have, arising from or in any way related to your usage of and/or stay in the MALENY COUNTRY ESTATE properties, or any activities that you may have partaken in on the premises of MALENY COUNTRY ESTATE, provided that this waive of liability does not apply to any acts of gross negligence, intentional or wilful misconduct.

You assume any risk, and take full responsibility and waive and of personal injury; death, damage, or loss of personal Property, associated with MALENY COUNTRY ESTATE, including but not limited to using the property in any manner, form or fashion, and participating and/or engaging in any activities on and off the premises.

10. LIMITATION OF LIABILITY

10.1. Total Liability

To the fullest extent permitted by law (and to the extent permitted under Australian Consumer Law), the total liability of MALENY COUNTRY ESTATE under or in connection with this Agreement in respect of all Claims (if any) is limited to the Fees paid or payable for the Booking and in any event, will never exceed the available proceeds of the professional indemnity and/or public liability insurance coverage of MALENY COUNTRY ESTATE (as varied from time to time) or the fees paid to MALENY COUNTRY ESTATE by the Guest, whichever is the lesser amount.

10.2. Consequential Loss

In no case shall MALENY COUNTRY ESTATE, its officers, employees, affiliates, agents, contractors, or licensors be liable for any Consequential Loss arising from the Guest’s use of, or reliance on the Services, the Website and/or content or information provided in the Property or in information brochures in the Property including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

10.3. Australian Consumer Law

Further, nothing in this Agreement is intended to limit any Australian Consumer Law guarantees or warranties that may apply to the Services and that cannot be excluded.

11. DISPUTE RESOLUTION

If a dispute arises out of or relates to this Agreement, a party must not commence any court or other proceedings relating to the dispute unless it has first issued a written notice to the other party specifying the nature of the dispute. Upon receipt of the notice by the other party, the parties must endeavour to resolve the dispute within twenty-one (21) days using informal dispute resolution techniques including settlement discussions and mediation. If the dispute cannot be resolved, then the parties shall be free to pursue any right or remedy available to them under applicable law. Nothing in this Agreement will prejudice the right of a party to institute proceedings to enforce payment due under this Agreement or to seek urgent injunctive or declaratory relief in respect of a dispute or any matter arising under this Agreement.

12. GENERAL

12.1. Severability

If any provision or part of this Agreement is void or unenforceable for any reason, then that provision or part will be severed from this Agreement and the rest of this Agreement shall be read as far as possible as if the severed provision or part had never existed.

12.2. Entire agreement and variation

The parties agree that:

(a) this Agreement is the entire agreement between MALENY COUNTRY ESTATE and the Guest in respect of this arrangement and supersedes any other communication or understandings (whether written or oral) between MALENY COUNTRY ESTATE and the Guest in that regard; and

(b) any changes to this Agreement must be agreed in writing between MALENY COUNTRY ESTATE and the Guest prior to the changes coming into effect.

12.3. Governing Law and Jurisdiction

(a) This Agreement is governed by the laws applicable in the state of Queensland and the parties agree to irrevocably submit to the exclusive jurisdiction of the courts of that State.

(b) MALENY COUNTRY ESTATE operates in accordance with the guidelines set out for Sunshine Coast Council Short Term Rental Accommodation. All guidelines must be adhered to or can result in eviction from the Property.

13. SCHEDULE OF COSTS FOR DAMAGES

1. Security Bonds and Credit Card Pre-Authorisations – See clause 5 for full information – Credit card pre-authorisations, and/or security bonds in the amounts specified in clause 5 of this agreement for all accommodation stays. Bonds and pre-authorisations are in place to cover costs for damage, loss and repair to property of MALENY COUNTRY ESTATE deemed to be the fault of the guest/s and or their visitors. Any payments or fees charged to guest/s credit cards will be accompanied by an itemised tax invoice.

2. Late Check-Out – A late check out past 10:00am without prior written approval may result in the Guest being charged – $50 per hour. Please refer the section 2.4 for full information. This fee will be charged directly to the credit card used at time of booking and invoice will be sent to the contact email address supplied at booking.

3. Stolen, damaged or missing interior items – All accommodations have a strict inventory taken by housekeeping prior to check-in and again immediately after check-out. Any missing or damaged items listed in inventory checks may be charged directly to Guest/s credit card at the total cost of replacement. Please refer to section 5 of this agreement for further information. Cost to Customer: Cost of replacement, invoice supplied to guest.

4. Lost key/ Call-out fee for Re-entry or Rekeying – A service fee applies if a set of duplicate keys are required by a Guest. Guests must not break into, or attempt to break into, premises when locked out. Keys should be returned as per instructions provided. Should the keys not be returned, the Guest will be liable for any charge incurred in gaining entry, replacing keys and/or changing locks if necessary. Cost the Customer: Call-out Fee: $50.00; Change of Lock: Cost of locksmith and materials, invoice supplied to and payable by guest/s; Lost Keys: Cost of replacement key, keychain and administration fee of $25.00, invoice supplied to and payable by guest/s; Keys not Returned at Checkout: the Guest must at their own expense, Express Post the key back to MALENY COUNTRY ESTATE and supply tracking number within 7 days of check out. In the instance that the Guest/s do not return key’s via post the Lost Key fee stated above will apply and be charged to the guests credit card supplied at booking.

5. Linen: Where linen has been soiled or damaged such that it may not be restored to its original condition with laundering – Cost to replace, invoice supplied to and payable by guest/s.

6. Plumbing /electricity: Where it is determined that the Guest has caused a plumbing or electricity issue that requires a tradesperson – Invoice Cost, invoice supplied to and payable by guest/s.

7. Call-out fee for MALENY COUNTRY ESTATE – Where MALENY COUNTRY ESTATE or any member of the MALENY COUNTRY ESTATE team be called to the Property; and the issue is deemed to be caused by the Guest/s or visitors of the guest/s, equipment owned by the Guest/s or because the Guest/s has not followed instructions – $110.00.

8. Call-out fee for MALENY COUNTRY ESTATE – Where MALENY COUTNRY ESTATE or any member of the MALENY COUNTRY ESTATE team is called out to accommodation suites after 8PM to supply extra firewood, hampers, towels, blankets, pillows, or any extras – a Late Night Call Out fee is charged at $10.00 per call out, per night. This expense is added to the guest/s invoice on check-out.

9. Call-out fee for tradesperson to fix an issue caused by the Guest/s – Where a tradesperson be called to the Property and the issue is deemed to be caused by a Guest/s, Guest/s visitors, equipment owned by a Guest/s or because a Guest/s have not followed instructions – Invoice Cost, invoice supplied to and payable by guest/s.

10. Credible noise complaint by neighbours. Failure to abide by the Noise policy in clause 6 – $500 per offence, charged to credit card supplied at booking.

11. Police/Security/Fire Service/Energy Service called to attend Property: Failure to abide by clause 6 or in/on other instances where police or security attends the Property – $500 per offence or the total fee applied by the service attended. Invoice supplied to and payable by guest/s.

12. Repair/ replacement if there is damage to the Property: Where any item (electronic or not) within the Property or part of the Property has been maliciously, deliberately, or negligently damaged or stolen by the Guest/s – Cost to repair/ replace, invoice supplied to and payable by guest/s.

13. Pets on Property – If any pets are found to be onsite at any time and hidden from MALENY COUNTRY ESTATE staff, a penalty of $100.00 will be incurred by and payable by the guest/s. In addition, guest/s may be asked to leave the property and forfeit any deposit or payment that has already been made.

14. Steam Cleaning of carpets, furnishings, linens etc if evidence of pets in Accommodation suites: (on furniture or in/ on beds): Where the carpets, furnishings or linen within the Accommodation suites has been soiled or damaged to the extent that may require extensive cleaning or where there is evidence of pets having been in the Property – Cost to steam clean/ cost of repair or replacement, invoice supplied to and payable by guest/s.

15. Evidence of Smoking: Where there is evidence of smoking within the Property, ; such as traces of residual smoke, anywhere other than the nominated smoking areas- $250 + any additional cleaning costs, invoice supplied to and payable by guest/s.

16. Cleaning of Property: where left in extremely dirty conditions by the guest/s: – Cost to clean, invoice supplied to and payable by guest/s.

Sports & Leisure Equipment: Any damage or loss to goods belonging to MALENY COUNTRY ESTATE will equate to the cost of repair or replacement – Cost to repair/ replace, invoice supplied to and payable by guest.

Payment Policy

3. PAYMENT POLICY

(a) For all reservations, excluding Solothurn House and for Exclusive Use, a payment of a 40% deposit for the total stay will be taken at the time of booking, with the outstanding balance payable at check-in.

(b) The Guest/s will pay MALENY COUNTRY ESTATE the fees at the rate and in the manner specified in the Booking.

(c) The Guest agrees to pay 50% Deposit and any applicable booking fee due at time of booking where the Guest has booked either Solothurn House or for Exclusive Use. The remaining 50% is due twenty-one (21) days prior to the check-in date.

(d) The Guest acknowledges that the check-in details will not be provided unless the full payment has been paid.

(e) MALENY COUNTRY ESTATE accepts payment by Credit Card (Visa and Mastercard).

(f) A credit card pre-authorisation will be held on all Bookings as a Security Bond and a set fee when Guest is booking Solothurn House or for Exclusive Use. See 5.1 for the Guest’s Booking. Valid credit card details will be held as Security Bond for the Booking. For more details on the Security Bond, please refer to clause 5.

Cancellation Policy

4. CANCELLATION POLICY

4.1. Accommodation Bookings – excluding Solothurn House and Exclusive Use

(a) No Cancellations or Re-Schedules are accepted on the day of arrival, after check-in or outside the nominated (7 days) cancellation window. In these instances, the deposit is forfeited and non-refundable.

(b) In the instance that the reservation is cancelled within 24 hours of arrival date, the Guest will be charged 50% of the total stay in all circumstances.

(c) Cancellations or Re-Schedules made 7 days (or more) prior to arrival are refundable, less a $25.00 Administration Fee.

(d) Cancellations or Re-Schedules made less than 7 days prior to arrival; full deposit will be forfeited.

4.2. Exclusive Use and Solothurn House Bookings

(a) No cancellations or re-schedules are accepted on the day of arrival, after check-in or outside the specified (21 days) cancellation window. In these instances, the deposit is forfeited and non-refundable.

(b) In the instance that a reservation is cancelled within 24hours of the arrival date, the Guest will be charged 50% of the total stay and a $150 Administration fee.

(c) Cancellations or reschedules for Solothurn House must be made 21 days (or more) prior to date of arrival and have written confirmation from MALENY COUNTRY ESTATE that the booking has been cancelled or rescheduled. In this instance an Administration fee of $150.00 will be required.

(d) Cancellations or reschedules for Exclusive Use must be made 30 days (or more) prior to date of arrival and have written confirmation from MALENY COUNTRY ESTATE that the booking has been cancelled or rescheduled. In this instance an Administration Fee of $300 will be required.

4.3. General

(a) A Booking may be cancelled due to force majeure, terrorism, natural disasters, political instability, or other external events (excluding health pandemics) making it unviable for us to uphold the Booking. Where your Booking has been varied or cancelled, we will use our best endeavours to provide an alternative option or dates that are substantially the same or as similar as practical to the original Booking, or voluntarily offer you a right to cancel or change a Booking via our booking system.

(b) You acknowledge that such a necessity may arise from time to time, and any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those outlined in the terms and conditions of the Agreement. Under these circumstances, we will not be responsible for any incidental expenses that you may have incurred as a result of your Booking.

(c) MALENY COUNTRY ESTATE reserves the right to refuse or grant refunds for the Services, pursuant to the Competition and Consumer Act 2010 (ID Act). Any requests by the Guest for refunds must be detailed in writing and will only be considered when options for remedies or replacements have been exhausted.

4.4. Refunds

(a) If a reservation (excluding Solothurn House) is cancelled or re-scheduled 7 days (or more) prior to arrival, the deposit is refundable, less a $25.00 Administration Fee.

(b) If a reservation (excluding Solothurn House) is cancelled or re-scheduled less than 7 days before arrival, full deposit will be forfeited.

(c) If a reservation for Solothurn House is cancelled or re-scheduled 21 days (or more) prior to date of arrival, the deposit is refundable, less a $150.00 Administration Fee.

4.5. Refunds will be processed within 7-10 business days from date of confirmed cancellation or reschedule and a receipt of confirmation will be sent to the email address associated with the booking.