1.1 “Burn Cottage Retreat” means Burn Cottage Retreat, its successors and assigns or any person acting on behalf of and with the authority of Burn Cottage Retreat.
1.2 “Guest” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Guest is a reference to each Guest jointly and severally.
1.3 “Goods” means all Goods or Services supplied by Burn Cottage Retreat to the Guest at the Guest’ request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.4 “Price” means the Price payable for the Goods as agreed between Burn Cottage Retreat and the Guest in accordance with clause 2
2. Price and Payment
2.1 The Price shall be as indicated on invoices provided by Burn Cottage Retreat to the Guest in respect of the Goods supplied.
2.2 Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation, or any other order forms. If no time is stated, then payment will be due seven (7) days following the date of the invoice.
2.3 Unless otherwise stated the Price does include GST. The Guest must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Guest pays the Price. In addition, the Guest must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
2.4 At Burn Cottage Retreat’s sole discretion, a non-refundable deposit may be required at the time of booking.
3.1 Risk of damage to or loss of the Goods passes to the Guest on Delivery and the Guest must insure the Goods on or before Delivery.
3.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Guest, Burn Cottage Retreat is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Burn Cottage Retreat is sufficient evidence of Burn Cottage Retreat’s rights to receive the insurance proceeds without the need for any person dealing with Burn Cottage Retreat to make further enquiries.
4. Title to Goods (Including any incidental items supplied as part of any Services)
4.1 Burn Cottage Retreat and the Guest agree that ownership of the Goods shall not pass until the Guest has paid Burn Cottage Retreat all amounts owing to Burn Cottage Retreat; and the Guest has met all of its other obligations to Burn Cottage Retreat.
4.2 Receipt by Burn Cottage Retreat of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
4.3 It is further agreed that:
a) until ownership of the Goods passes to the Guest in accordance with clause 1 that the Guest is only a bailee of the Goods and must return the Goods to Burn Cottage Retreat on request.
b) the Guest holds the benefit of the Guest’ insurance of the Goods on trust for Burn Cottage Retreat and must pay to Burn Cottage Retreat the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
c) the Guest must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Guest sells, disposes or parts with possession of the Goods then the Guest must hold the proceeds of any such act on trust for Burn Cottage Retreat and must pay or deliver the proceeds to Burn Cottage Retreat on demand.
d) the Guest should not convert or process the Goods or intermix them with other goods but if the Guest does so then the Guest holds the resulting product on trust for the benefit of Burn Cottage Retreat and must sell, dispose of or return the resulting product to Burn Cottage Retreat as it so directs.
e) the Guest irrevocably authorises Burn Cottage Retreat to enter any premises where Burn Cottage Retreat believes the Goods are kept and recover possession of the Goods.
f) Burn Cottage Retreat may recover possession of any Goods in transit whether or not delivery has occurred.
g) the Guest shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Burn Cottage Retreat.
h) Burn Cottage Retreat may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Guest.
5. Personal Property Securities Act 1999 (“PPSA”)
5.1 Upon assenting to these terms and conditions in writing the Guest acknowledges and agrees that: a) a security interest is taken in all Goods and/or collateral (account) – being a monetary obligation of the Guest to Burn Cottage Retreat for Services – that have previously been supplied and that will be supplied in the future by Burn Cottage Retreat to the Guest. b) these terms and conditions constitute a security agreement for the purposes of the PPSA; and
5.2 The Guest undertakes to:
a) indemnify, and upon demand reimburse, Burn Cottage Retreat for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
b) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of Burn Cottage Retreat.
c) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Burn Cottage Retreat may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
5.3 Burn Cottage Retreat and the Guest agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
5.4 The Guest waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
5.5 Unless otherwise agreed to in writing by Burn Cottage Retreat, the Guest waives its right to receive a verification statement in accordance with section 148 of the PPSA.
5.6 The Guest shall unconditionally ratify any actions taken by Burn Cottage Retreat under clauses 1 to 5.5.
6. Default and Consequences of Default
6.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Burn Cottage Retreat’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
6.2 If the Guest owes Burn Cottage Retreat any money the Guest shall indemnify Burn Cottage Retreat from and against all costs and disbursements incurred by Burn Cottage Retreat in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Burn Cottage Retreat’s collection agency costs, and bank dishonour fees).
6.3 Further to any other rights or remedies Burn Cottage Retreat may have under this contract, if a Guest has made payment to Burn Cottage Retreat by credit card, and the transaction is subsequently reversed, the Guest shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Burn Cottage Retreat under this clause 6 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Guest’ obligations under this agreement.
7. Security and Charge
7.1 In consideration of Burn Cottage Retreat agreeing to supply the Goods, the Guest charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Guest either now or in the future, to secure the performance by the Guest of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
7.2 The Guest indemnifies Burn Cottage Retreat from and against all Burn Cottage Retreat’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Burn Cottage Retreat’s rights under this clause.
7.3 The Guest irrevocably appoints Burn Cottage Retreat and each director of Burn Cottage Retreat as the Guest’ true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 7 including, but not limited to, signing any document on the Guest’ behalf.
8. Privacy Act 1993
8.1 The Guest authorises Burn Cottage Retreat or Burn Cottage Retreat’s agent to: a) access, collect, retain and use any information about the Guest;
(i)(including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Guest’ creditworthiness; or (ii)for the purpose of marketing products and services to the Guest. b) disclose information about the Guest, whether collected by Burn Cottage Retreat from the Guest directly or obtained by Burn Cottage Retreat from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Guest.
8.2 Where the Guest is an individual the authorities under clause 1 are authorities or consents for the purposes of the Privacy Act 1993.
8.3 The Guest shall have the right to request Burn Cottage Retreat for a copy of the information about the Guest retained by Burn Cottage Retreat and the right to request Burn Cottage Retreat to correct any incorrect information about the Guest held by Burn Cottage Retreat.
9. Credit Card Use
9.1 All credit card payments incur a 2.2% surcharge. Further surcharges may apply on public holidays/statutory holidays. Cash and EFTPOS do not incur a fee.
10. Late Arrivals
10.1 As reception is not 24 hour operation, in the event of a guest arriving late, acceptance of these terms and conditions is guaranteed through entrance to reserved accommodation.
11. Child Policy
11.1 All children under the age of 18 may not occupy a room unless accompanied by an adult. All children under the age of 12 must be accompanied by an adult at all times while on the property.
12. Arrival and Departure
12.1 Check in time to the room is 2pm. You may check with management if an earlier check in time is available. If requiring accommodation earlier please book your room for the previous night.
12.2 All guests are required to either use the Covid Tracer App to sign in or supply Burn Cottage Retreat with full contact details on check in.
12.3 Check out time is 10:30am. If you require a late checkout please see reception. Late checkouts cannot be guaranteed and is at the discretion of resort staff and availability. A later check out fee may apply, and is based on an hourly charge.
13. Extra Persons
13.1 All rooms have a maximum number of occupants and will be confirmed with reservation confirmation.
13.2 Unless arranged previously with resort staff, a fee of $50 per extra occupant will be charged and removed from property.
14.1 At no time are pets allowed on the property, with the exception of working dogs.
15.1 Smoking is not permitted anywhere in any part of the rooms or public areas of the resort. If found smoking in rooms, a cleaning fee applies. Please use designated areas for smoking.
16.1 Unless otherwise agreed, parking is limited to one car per room. Extra parking can be arranged at check in if required.
17.1 Burn Cottage Retreat accepts no responsibility to amend your reservation due to transport delays/closures/cancellations. i.e. airport, ferry, or road closures due to bad weather. It is the responsibility of the guest to inform resort of such delays.
18. Event Cancellation Policy
18.1 All event bookings require 50% deposit at time of reservation, and remainder to be settled on checkout. All bookings cancelled before 72 hours of arrival date, deposit will be refunded. All bookings cancelled within 72 hours will be charged the full amount of reservation as a cancellation fee.
19. Accommodation Cancellation Policy
19.1 All accommodation bookings require 10% deposit at time of reservation, and remainder to be settled on arrival. All bookings cancelled before 14 days of arrival date (excluding Easter, Christmas and New Year), deposit will be refunded in line with our Covid Policy.
20. Christmas, New Year, and Easter
20.1 All accommodation bookings require 25% deposit at time of reservation, and remainder to be settled on arrival. All bookings cancelled before 30 days of arrival date (excluding Christmas and New Year), deposit will be refunded.
21.1 All package bookings require 10% deposit for the accommodation portion of your booking at time of reservation, and remainder to be settled on arrival. The activity portion of your package will be charged when we have confirmation that the activity can definitely proceed (weather etc). This may be on arrival or on checkout. All package bookings cancelled before 14 days of arrival date (excluding Easter, Christmas and New Year), deposit will be refunded.