TERMS AND CONDITIONS

1         General

1.1           These Terms and Conditions (“T&C”) are between Peoples Park and the Customer and apply to the Booking made by the Customer.

1.2           By making a Booking (directly and or indirectly through a third party), the Customer agrees to the T&C on behalf of all persons included in the Booking and staying in the Accommodation.  Where the Customer constitutes more than one person, each person shall be jointly and severally bound by the T&C.

2         Interpretation

“Accommodation” means the accommodation available at the Park, including campsites, cabins and villas.

“Booking” means the act of reserving Accommodation at the Park.

“Customer” “Guest” “You” or “Your” means the person or persons staying or intending to stay at the Accommodation, and includes any minors accompanying the Customer.

“Deposit” means monies payable to Peoples Park at the time of the Booking in accordance with clause 3.

“Force Majeure Event” means any act of God, war, terrorism, fire, flood, cyclone or any other extreme weather conditions, loss of power, epidemics or pandemics (including COVID-19), industrial disputes, slow-downs or other strike activities, riots or civil unrest, acts of government, semi government or other authorities, state and or federal government restrictions, including but not limited to restrictions on travel and gatherings, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to Peoples Park’s services beyond its control.

“Park” means the property located at Lot 13 Robinson Street, Coral Bay and owned by Peoples Park.

“Peoples Park” “We” “Us” or “Our” means Coral Bay Investments Pty Ltd as trustee for Coral Bay Investment Trust, its Representatives and assigns.

“Booking Total” means the total amount payable to Peoples Park by the Customer for the booking of the Accommodation, including any meals, additional items, optional extras or package inclusions, unless otherwise specified.

“Price” means the nightly rate, best available rate, child rate or any other prices published for the reservation of the Accommodation.

“Representatives” means the agents, directors, officers, contractors, volunteers or employees of Peoples Park.

“Security Bond” means any additional amount payable to Peoples Park by the Customer for any breakages, damages or excess cleaning charges incurred which may be retained by Peoples Park, at its absolute discretion.

“Waiver” means the Waiver, Release, Discharge and Indemnity published by Peoples Park as accepted by the Customer at the time of making the Booking.

3         Booking Policy

3.1           All Bookings are subject to availability.

3.2           Peoples Park reserves the right to decline any bookings or requests at its absolute discretion.

3.3           Unless otherwise determined by Peoples Park prior to or at the time of Booking, the following provisions apply:

• • for campsites, a $50.00 Deposit is required at the time of Booking. Payment of the balance of the Booking Total is required 28 days prior to arrival;
  • for cabins and villas, a $100.00 Deposit is required at the time of Booking. Payment of the balance of the Booking Total is required 28 days prior to arrival and
  • a final list identifying all Guests staying in the Accommodation is to be provided by the Customer a minimum of 14 days prior to arrival.

3.4           A valid credit card is required at the time of Booking to guarantee your reservation. Your credit card will be held as security for your Booking and utilised for any applicable Deposits, payments, cancellation fees, no-show fees, damage and any breach of these T&C.

3.5           A minimum stay of 7 nights will apply to all Bookings made during school holidays dates applicable in Western Australia.

3.6           Peoples Park reserves the right to request payment of a Security Bond by the Customer, at its absolute discretion.

3.7           Failure by the Customer to make payment as required in accordance with the T&C, or as otherwise requested by Peoples Park, may result in the Booking being cancelled and Peoples Park making available the Accommodation, or any part of it, to other persons to book.

3.8           Bank fees, credit card charges, Paypal fees, exchange rates and any other fees and charges incurred by transferring money from the Customer to Peoples Park are the sole responsibility of the Customer, are payable by the Customer and are non-refundable.

3.9           If the Customer makes payment by way of credit card, the Customer warrants that the information provided to Peoples Park is true and complete, that the Customer is authorised to use the credit card to make payment and that the Customer’s payment will be honoured by the     credit card issuer. Peoples Park reserves the right to conduct various checks to validate the identity and integrity of the Customer’s payment details, which may include undertaking a pre-authorisation process and or requesting additional information from the Customer to verify identity.

3.10         Any items or services not included in the Booking, are the sole responsibility of the Customer and must be paid by the Customer. Any outstanding accounts will need to be paid and settled on departure from the Park.

3.11         Peoples Park reserves the right to request identification information and documentation, including government issued photographic identification, upon your check-in at the Park.

3.12         Check-in is available from anytime after 11am for campsites and 2pm for cabins and villas, until 6pm. Late arrivals are by prior arrangement only. Check-in is not available after 8pm for campsites.

3.13         Check-out is 10am for all Accommodation, unless otherwise arranged with Peoples Park. Additional fees may apply for late check-out at Peoples Park’s absolute discretion.

4         Cancellation

4.1           All cancellations must be received in writing from the Customer to Peoples Park via email to ‘bookings@peoplespark.com.au’. It is the Customer’s responsibility to contact Peoples Park to verify that the cancellation of the Booking request has been received.

4.2           The Customer is responsible to ensure flights, vehicle hire, travel insurance and any components booked outside the Park are cancelled by the Customer will adhere to the cancellation policy of each individual supplier.

4.3           Subject to the T&C, where the Customer cancels the Booking:

• • within 48 hours of making the Booking, all monies paid by the Customer will be refunded to the Customer;
  • between 48 hours and 29 days prior to the arrival date, all monies paid by the Customer will be refunded to the Customer, save for the Deposit; and
  • 28 days or less prior to the arrival date (including on the day of the arrival date and no shows), all monies paid by the Customer will be forfeited.

4.4           For Guest curtailment and or early check-out, all monies paid by the Customer will be forfeited.

4.5           Subject to the T&C, if Peoples Park is required to cancel the Booking for any reason Peoples Park may, in its absolute discretion, offer the Customer a refund of a portion of or all monies paid to Peoples Park, offer a credit for a future booking, and or vary the Booking date or Accommodation type to allow the Accommodation to be booked as varied. Credit terms and conditions are final. Credits are not able to be extended beyond their expiry date and are not redeemable for cash.

5         Prices and Accommodation

5.1           Prices are in AUD and inclusive of GST.

5.2           Prices and Accommodation as shown on the website are subject to change. Peoples Park reserves the right to change this information without notice. Existing Bookings that have been paid in full, or for which a Deposit has been paid, will retain the Price as per the Booking.

6         Accommodation and Facilities

6.1           Children must be supervised at all times by an adult, especially in ablution blocks and playgrounds. Children must wear helmets and other appropriate protect equipment whilst riding bikes, scooters and skateboards.

6.2           There is a strict 5km/hr (walking pace) speed limit throughout the Park. This applies to all vehicles and includes (but is not limited to) bicycles and scooters.

6.3           Pets are not permitted at the Park.

6.4           There is a maximum of 1 vehicle per Accommodation site. Visitors vehicles are not permitted within the Park.

6.5           Boat and trailer parking is subject to availability and with prior approval by Peoples Park only, at its absolute discretion.

6.6           No quad bikes, trail bikes or other recreational motor bikes are to be ridden or utilised within the Park.

6.7           Unless otherwise determined by Peoples Park prior to or at the time of Booking, the following provisions apply to campsites:

• • There is a maximum of 2 adults and 4 children per campsite, unless prior approval has been granted by Peoples Park at its absolute discretion.
  • Ocean front campsites are only available for hard lidded caravans, campervans and motorhomes. No tents or camper trailers are permitted.
  • Campsites must be set up a minimum of 1.5 metres within the campsites boundary to ensure there is a 3 metre gap between all Accommodation.
  • Tarps must not be used on the ground. Shade cloth or breathable matting only is to be used.

6.8           Unless otherwise determined by Peoples Park prior to or at the time of Booking, the following provisions apply to caravans/camper trailers:

• • Draw bars must be facing the roadway.
  • Accommodation sites must be a minimum of 3 metres away from each other.
  • If there is no waste water connection between the caravan and the intake drains, a bucket must be placed to collect waste water and emptied regularly.

6.9           All Accommodation sites must be kept clean and tidy at all times.

6.10         Open campfires are not permitted.

6.11         Water is in limited supply to the Park’s remote location. Re-filling of tanks is prohibited.

6.12         Fresh water points are available for drinking and cooking. Showers and laundry also use fresh water. The artesian water taps are not to be used for drinking or cooking.

6.13         Sprinklers are run continuously and moved often to ensure the lawn stays green and healthy. Customers are permitted to move or turn off sprinklers if they are in the Customer’s way (acting reasonably).

6.14         Camper’s kitchen facilities are available for guests of the Park only. Included is undercover seating, free BBQ’s, hot plates, microwaves, fridge and dish washing facilities. There are also free BBQ’s located around the Park. Lights go off in BBQ areas at 10pm. Guests must clean up after themselves.

6.15         Laundry facilities are available for guests of the Park only. All washing machines require 4 x $1 coins per wash. Clothes lines are located near the ablution blocks. Hanging of washing on Accommodation sites is not permitted.

6.16         The playground is open during sunlit hours only. Children must be supervised at all times whilst on the playground by an adult. Guests are not permitted on the equipment outside of this time.

6.17         A boom gate card will be supplied on check-in. The boom gate card must be returned on check-out.

6.18         The Customer shall be responsible for any breakage, damage to or loss of keys and access cards. This includes (but is not limited to) a $20.00 fee in relation to the boom gate card and $5.00 fee in relation to each ablution block key. Peoples Park reserves the right to charge such fees to the credit card provide by the Customer or to use any Security Bond to cover such costs.

6.19         Fish cleaning is not permitted at the Park.

6.20         All Accommodation, contents, fixtures and fittings is and remains the property of Peoples Park at all times.

6.21         The Customer shall not affix any fixture or make any renovation, alteration or addition to the Accommodation, without the prior consent of Peoples Park, and any alterations or modifications to Accommodation must be carried out by Peoples Park.

6.22         The Customer warrants that all electrical and other equipment, including (but not limited to) extension cords and cooking facilities, brought into the Park are in good working order.

6.23         Peoples Park takes no responsibility for the suitability of the Accommodation for the Customer’s specific requirements, and it is the Customer’s responsibility to ensure that all Accommodation is suitable for the Customer’s specific needs.

6.24         The Customer must notify Peoples Park immediately of any concern with the Accommodation.

6.25         Any damage to the Accommodation is the Customer’s liability and the Customer must take adequate precautions to prevent any damage from occurring. The Customer will be charged for any repairs required to damaged Accommodation.

6.26         Peoples Park shall not be liable for any loss or damages arising out of the overloading, misuse or abuse of the Accommodation by the Customer and the Customer agrees to keep Peoples Park indemnified in respect thereof.

6.27         The Customer warrants that the Accommodation will be returned in the same condition as the Accommodation was hired.

6.28         The Customer must notify Peoples Park immediately of any loss or damage to the Accommodation.

6.29         Peoples Park will inspect the Accommodation after the Customer’s use. Any defects, damage or state of uncleanliness shall be reported to the Customer.

6.30         The Customer will pay the cost of any damage to, cleaning or loss of the Accommodation, which occurred during the Booking period, and any reasonable expenses incurred by Peoples Park as a result of such damage, cleaning and or loss to be determined by Peoples Park at its absolute discretion.

6.31         Peoples Park reserves the right to use any Security Bond to cover the cost of any breakages, damage to, cleaning of or loss of the Accommodation, and any reasonable expenses incurred by Peoples Park as a result of such damage, cleaning and or loss.

6.32         The Customer acknowledges and agrees that any amounts payable in relation to any loss and damage (including cleaning) suffered by Peoples Park shall constitute liquidated damages that are immediately due and payable by the Customer to Peoples Park.

6.33         The Customer authorises Peoples Park to deduct monies from any Security Bond for any loss, damage, repairs or other expenses incurred during the Booking period.

7           Noise Levels

7.1           The Customer acknowledges that the Park is a public place and noise can adversely impact other patrons. Peoples Park do not permit excessive noise at the Park.

7.2           The Customer acknowledges that the Customer will ensure that the peace and quiet of other patrons and the Park is not disturbed.

7.3           No loud or abusive noise is permitted after 7pm and minimum noise is to be emitted between the hours of 10pm and 7am.

8         Behaviour Policy

8.1           Anti-social behaviour and intoxication within the Park creating a disturbance to other guests and or staff will not be tolerated and may result in the immediate eviction and or permanent ban of the Customer from the Park.

8.2           Where the Customer is evicted from the Park pursuant to this clause 8, the Customer shall forfeit any and all monies paid to Peoples Park.

9         Wildlife

9.1           The Customer acknowledges that kangaroos, reptiles and other wildlife gain entry to the Park from time to time.

9.2           Wildlife should not be approach or provoked in any way.

9.3           Any snake sightings are to be immediately reported to Peoples Park.

10      Customer’s Warranties

10.1         The Customer warrants that:

• • the Customer has and will comply with all applicable laws, including in relation to entry to and within Western Australia and COVID-19;
  • the Customer has and will comply with all lawful directions of Peoples Park, including in relation to COVID-19;
  • there are no legal restrictions preventing the Customer from agreeing to the T&C;
  • the T&C apply to the Booking only;
  • the Customer acknowledges that the location of the Park, natural hazards, environment, geography, flora and fauna may involve a significant amount of personal risk. The Customer hereby assumes all such risk and does hereby release Peoples Park from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks;
  • the Customer will report any and all hazards immediately to Peoples Park;
  • the Customer will cooperate with Peoples Park and provide it with information that is reasonably required and necessary as requested by Peoples Park from time to time, to enable Peoples Park to carry out the Booking and will comply with such requests in a timely manner; and
  • the information provided by the Customer is true, correct and complete.

11      Termination

11.1         Peoples Park may terminate the Booking and evict the Customer immediately if there has been a breach of the T&C.

11.2         Any termination of the Booking in accordance with this provision will result in all monies paid by the Customer to Peoples Park being forfeited by the Customer and retained by Peoples Park.

11.3         The accrued rights, obligations and remedies of Peoples Park are not affected by the termination of the T&C.

12      Liability

12.1         In addition to this clause 12, the Customer acknowledges reading and accepting the Waiver.

12.2         For the purposes of this clause 12, ‘Customer’ also includes any invitees of the Customer.

12.3         To the maximum extent permitted by law, the Customer releases, waives, discharges and indemnifies Peoples Park and their Representatives from any and all claims and actions, which may be made by the Customer, or on the Customer’s behalf, for loss, in any way arising out of or related to the Booking or the T&C, including but not limited to property loss or damage, bodily injury or death.

12.4         Peoples Park and their Representatives shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, arising out of or in connection with the Booking or the T&C, whether arising under breach of contract, negligence (commission, omission or advice), statute or otherwise.

12.5         To the maximum extent permitted by law, the total liability of Peoples Park and their Representatives arising out of, or in connection with, the Booking or the T&C is limited to the total value of the Booking.

12.6         This clause 12:

• • applies notwithstanding that any such claim, action or loss may come about, either wholly or in part, due to the negligence of or breach of a contractual term by Peoples Park;
  • is intended to be as broad and inclusive as is permitted by law; and
  • does not exclude, restrict or modify the application of the Competition and Consumer Act 2010 (Cth), as amended from time to time.

13      GST

13.1         Unless otherwise stated, all amounts payable by the Customer are inclusive of GST.

13.2         The Customer agrees to pay GST in respect of any goods or services that Peoples Park supplies to the Customer and or are supplied to the Customer on behalf of Peoples Park.

14      Costs of Recovery

14.1         Any expenses, costs or disbursements incurred by Peoples Park in recovering any monies payable by the Customer, including dishonoured cheques, debt collection agency fees, solicitor’s costs and interest thereon shall be paid by the Customer on a full indemnity basis.

15      Insurance

15.1         The Customer must obtain comprehensive travel and medical insurance including (but not limited to) cover for medical expenses, evacuation charges, trip cancellation and force majeure events.

16      Government Requirements

16.1         The Customer shall comply with all Government (Federal and State) requirements for entry into Western Australia or to access the Park.

16.2         If the Customer contracts COVID-19 (or any other pandemic virus or disease) within 14 days of the arrival date, or is instructed to self-isolate by the applicable Government or other authorising body or other persons, the Customer must notify Peoples Park in writing. In such circumstances, the Customer (and any other guest cancelling as part of the Booking) will not be able to and will not be granted access to the Park. Peoples Park, in its absolute discretion, may offer to the Customer a transfer of the Booking to an alternative date (subject to availability). Peoples Park reserves the right to request supporting evidence of any contraction of COVID-19 or instruction to self-isolate.

16.3         Where a Government:

(a)             requires that a person must be vaccinated against Covid-19 (or any other disease or virus); or

(b)            imposes a restriction or requirement of any nature on the Park or Peoples Park,

to be able to enter Western Australia or to access the Park, the Customer must comply with such requirement.

16.4         Where the Customer:

(a)             is unable to meet any requirement (including where a Government requirement is introduced subsequent to the Booking);

(b)            cancels the Booking; or

(c)             is unable to access the Park,

as a result of a requirement referred to in clause 16.3 above, the Customer shall forfeit any and all monies paid to Peoples Park.

16.5         Where the Customer does not comply with any requirement referred to in clause 16.3 above, Peoples Park reserve the right to decline the Booking, cancel the Booking or refuse entry into the Park at Peoples Park’s absolute discretion and at the Customer’s cost.

16.6         The Customer releases and indemnifies Peoples Park from any liability, loss or damage, of any nature, that may occur to the Customer, Peoples Park or any other person (including but not limited to persons in the Park). Such liability, loss or damage may include (but is not limited to) all costs, losses and expenditures arising from the Customer’s access to the Park, any cancellation of the Booking, or any injury, illness or death of the Customer or any person.

17      Force Majeure Event

17.1         If any Force Majeure Event results in Peoples Park being prevented from, or delayed in, performing any of its obligations to the Customer:

(a)             then such a delay or prevention of performance shall not be deemed to be a breach of contract or any other obligation placed upon Peoples Park under these T&C;

(b)            no loss or damage shall be claimed by the Customer from Peoples Park by reason thereof; and

(c)             Peoples Park shall use its best endeavours to minimise and reduce any period of suspension occasioned by any Force Majeure Event.

17.2         In the event of a Force Majeure Event, Peoples Park, in its absolute discretion may:

(d)            substitute different or equivalent Accommodation in place of cancelled or modified Accommodation;

(e)            postpone, cancel or delay (either in relation to the departure or arrival dates) any aspect of the Booking if in the absolute discretion of Peoples Park it is necessary to do so;

(f)             offer a transfer of the Booking, or part thereof, to an alternative date within 24 months (or such longer period as is reasonable and determined by Peoples Park in the circumstances), which transfer option is subject to availability;

(g)             offer a credit, to the value of any monies paid, which credit will be transferable to another person and valid for travel within 24 months from the issue date (or such other longer period as determined by Peoples Park in its absolute discretion), provided that:

(i)          any additional costs payable on the new booking will be payable by the Customer in full;

(ii)         additional costs may apply for the Accommodation in future seasons;

(iii)        credit terms and conditions are final;

(iv)        credits are not able to be extended beyond their expiry date; and

(v)         the credit, or any balance on a partially used credit, is not redeemable for cash.

18      Personal Information

18.1         The Customer’s personal information may be used by Peoples Park and may be disclosed to Peoples Park’s Representatives, agents, service providers, suppliers or other third parties for any purpose associated with the Booking. Any use or disclosure of the Customer’s personal information by Peoples Park will be in accordance with the Privacy Act 1988 (Cth).

18.2         In the course of the Customer’s Booking, photos or video may be taken by Peoples Park or its Representatives. These images may be used in any promotional materials, website, all social media platforms (i.e. Instagram), etc., unless the Customer specifically requests in writing to Peoples Park to not use the Customer’s image. Otherwise, Peoples Park is granted a perpetual, royalty-free, worldwide, irrevocable licence by the Customer to use such images for publicity and promotional purposes.

19      Relationship

19.1         The T&C are not intended to create a relationship between the parties of partnership, joint venture or employer-employee.

20      Assignment

20.1         The T&C are personal to the Customer and are not able to be assigned.

21      Updating

21.1         Peoples Park reserve the right to update and or alter the T&C at any time for future bookings. The T&C applicable to the Customer’s Booking are those that are current at the time the Booking is made.

22      Non Merger

22.1         The covenants, agreements and obligations contained herein will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.

23      Severance

23.1         If any part of the T&C is wholly or partly invalid, unenforceable, illegal, void or voidable, the T&C must be construed as if that provision or part of a provision had been severed from the T&C and the parties remain bound by all of the provisions and part provisions remaining after severance.

24      Governing laws

24.1         The T&C are governed by and shall be construed in accordance with the laws of the State of Western Australia.

24.2         The parties irrevocably:

(a)             submit to the exclusive jurisdiction of the Courts of Western Australia and the Courts competent to determine appeals from those Courts:

(i)          for determination of any dispute claim or demand; or

(ii)         with respect to any proceedings which may be brought at any time relating to these T&C,

(b)            waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum, if that venue falls within clause 24.1.