TERMS & CONDITIONS

Welcome to our website. Here’s the DSTNTN deal: by using our site and services, you’re agreeing to a few simple rules (we call them the “DSTNTN Terms and Conditions”).

These terms are here to keep things smooth between us and anyone browsing around or planning a trip (that’s you!). When you use our site or make a booking, you’re letting us know you’re on board and agree with these DSTNTN Terms and Conditions and our Privacy Policy.

The DSTNTN website located at www.dstntn.com.au (the “Website”) is owned, controlled and operated by DSTNTN Pty Ltd (ACN 677 344 795) (referred to as “we”, “us”, “our”, or “DSTNTN”).

The DSTNTN Terms and Conditions set out below (“Terms”) apply to use of the Website (“Website”) by you (the “User”, “you” or “your”). The Website is available for you to use conditional on your acceptance of these Terms.

BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF CONDITIONS.  

IF YOU DO NOT AGREE TO THESE TERMS OF CONDITIONS, YOU SHOULD STOP ACCESSING OR USING THE WEBSITE IMMEDIATELY. 

DSTNTN reserves the right to amend these Terms, vary or introduce new policies  at any time. Notice of any amendments will be displayed on the Website and sent to all Registered Users by email. Your continued use of the Website following any change(s) to the Terms  shall mean that you accept such change(s) and that you will be bound by the Terms as varied. The Terms are comprised of this document, our Privacy Policy, and any other policies that we may introduce or amend from time to time, all of which are incorporated herein by reference.

By accepting these Terms, you also acknowledge that you have read our Privacy Policy and to the extent permitted by law, you consent to how we collect, handle and use your Personal Information in accordance with our Privacy Policy. Where required, we will provide separate notice and request your consent as referenced in the Privacy Policy.

Any questions about these Terms can be directed to our DSTNTN team at [email protected].

 PLEASE CAREFULLY NOTE BEFORE READING:

• You must be a Registered User to make a reservation to stay at a DSTNTN Room on the Website.
• Not all DSTNTN Rooms can be reserved on our Website. Some DSTNTN Rooms can only be booked via a Third-Party Booking Platform. You acknowledge and agree that the terms and conditions of the Third-Party Booking Provider apply if you book a DSTNT Room via a Third-Party Booking Platform and you are responsible for complying with such terms and conditions, in addition to these Terms.  You acknowledge and agree that your rights to refunds, cancellations and payment obligations may be different under the Third-Party Booking Provider’s terms than these Terms.
• If you are a Consumer, the Website Services come with Consumer Guarantees under the ACL.
• If you are Consumer, nothing in these Terms (including, without limitation, the disclaimers of liability contained in clause 21 and limitations of liability contained in clause 22) is intended to limit or exclude your Consumer Guarantees.
• Subject to any rights which you may have as a Consumer or otherwise at law, your use and access of the Website is provided on an “as is” basis and entirely at your own risk.
• Your ability to hold DSTNTN responsible for any loss or damage that you may suffer from accessing or using the Website may be significantly restricted.
• You are solely responsible for compliance with all laws and regulations applicable to your use of the Website and your booking, and your use of the DSTNTN Room during your stay, including these Terms.
• There are restrictions that apply to your use of the Website and DSTNTN Room, and there are significant consequences if you do not comply with such restrictions.
• You may be required to indemnify DSTNTN for certain loss or damage that we may suffer from your breaching these Terms.
• If you input or upload any User Content to the Website, you provide DSTNTN with a licence to use the Intellectual Property subsisting in that User Content.
• We collect, handle and use your Personal Information in accordance with our Privacy Policy.

1. YOUR ACCEPTANCE AND APPLICATION

• DSTNTN permits you to:
• access and use the Website;
• view our DSTNTN Room listings on our Website;
• place a reservation and/or booking to stay at our DSTNTN Rooms (“Booking”) through the Website or via a link to one of our Third-Party Booking Providers on a Third-Party Booking Platform;
• place an order for products, services, or both (including DTSNTN merchandise offered for sale through the Website, through the Website;
• view and interact with any content, information, communications, advice, text or other material provided by DSTNTN (“Content”) via the Website;
• otherwise communicate with DSTNTN via the Website,

subject to the following Terms.

• The Terms apply to all Users, whether or not the User is a Registered User. By visiting, viewing, browsing, accessing, creating a User Account, or otherwise using the Website, you accept and agree to comply with these Terms of Conditions.  
• Your use of the Website will be governed by the most recent Terms posted on the Website. Where you have placed an online Booking through the Website, the Terms that apply to your Booking are the Terms that were published on the Website at the time you placed your reservation and made your online Booking. You should also check this page regularly and take notice of any changes made.
• You must be 18 years old to use the Website and to create a User Account. By accessing the Website and/or creating a User Account, you warrant that you have legal capacity to agree and to be bound by these Terms.

2. DESCRIPTION OF WEBSITE AND WEBSITE SERVICES

• DSTNTN operates the Website. The Website connects prospective guests seeking short-term vacation accommodation to DSTNTN Rooms, by providing intermediary functions and services (“Website Services”) as follows:
• Guests can browse and search DSTNTN Rooms listed on the Website (“Listing”);
• Registered Users can create their profiles and communicate directly with DSTNTN via the Website;
• Registered Users can book accommodation at DSTNTN Rooms via the Website; and
• Guests and Registered Users can book accommodation at DSTNTN Rooms via a Third-Party Provider linked in the Listing.
• We reserve the right to introduce additional functions and services on the Website and to alter existing Website Services at any time without notice to Users.

• If you are a Consumer, the Website Services come with Consumer Guarantee under the ACL. If you are a Consumer, nothing in these Terms (including, without limitation, the disclaimers of liability contained in clause 21 and limitations of liability contained in clause 22) is intended to limit or exclude your Consumer Guarantees.

3. LICENCE TO USE THE WEBSITE 

• Subject to the terms of these Terms of Conditions, DSTNTN agrees to grant you a limited, personal, non-exclusive, non-transferable, conditional and revocable licence to view, access and use the

• We may terminate the licence provided to you under clause 3 when you breach these Terms or for any other reason (in our sole discretion).

4. USER ACCOUNT
   • In order to access some of the functionality of the Website, you may be required to register a DSTNTN user account on the Website (“User Account”). If you do not have a User Account, you will not be able to access all of the functionality of the Website (for example, booking your stay at our DSTNTN Rooms).

• You can register a User Account by providing us with a username, password, email address, and such other details as we reasonably require from time to time. Additional personal information, including your birthday and address, may also be added to your account at your discretion. This personal information will be managed by us in accordance with our Privacy Policy. Alternatively, you may also register by linking your User Account with certain third-party social networking services (“Third Party Accounts”), such as Google or Facebook. You warrant that you are entitled to disclose your Third-Party Account log-in information to us and that we will access, make available, use and store on the Website any content that you have provided to us through your Third-Party Account
• To be eligible for a User Account you must be aged 16 years or over; aged between 13 – 15, with consent to create a User Account pursuant to these Terms and our Privacy Policy provided by your parent or guardian.
• You will be required to create a unique password to obtain access to your User Account (“Password”). You are solely responsible for maintaining the confidentiality of your Password and undertake not to allow the security of your User Account to be compromised through misuse of your Password. You must immediately notify DSTNTN of any suspected misuse of your Password.
• Without limiting any other rights which DSTNTN may have to communicate with you, you agree that DSTNTN may send e-mails to the nominated e-mail address for your User Account for notification purposes regarding the Website (including in relation to any updates to these Terms and Privacy Notice).
• DSTNTN maintains the right at all times in its sole unfettered discretion and without prior notice to refuse to register, terminate or suspend any User Account, and to remove access to, or suspend the use of, any specific functions associated with any User Account.
• You agree to not transfer your User Account to any other person or allow access to your User Account by another person unless expressly authorised by DSTNTN or these Terms.
• As Registered User, you warrant that the information you have provided to DSTNTN and our Payment Provider is true and correct, and you must comply with DSTNTN’s verification procedures (where applicable) and you consent for DSTNTN to verify the information (including personal information) that you have provided (where applicable).
• By creating a DSTNTN User Account, as Registered User you agree to be responsible for:
• maintaining the confidentiality of your login details and all activity under your account;
• restricting third party access to your account via your devices;
• ensuring the details in your account are accurate and up-to-date;
• updating them within your account or informing us so that we may update them on your behalf; and
• use of your account remaining at all times in accordance with these Terms of Conditions.
• Should you wish to opt out of communications associated with your account, or terminate your account please inform DSTNTN your desire to opt by emailing our DSTNTN team at [email protected]. Upon your request, DTSTNTN will cease communications or terminate the account on your behalf.

5. ORDERS FOR PRODUCTS AND/OR SERVICES

• DSTNTN may make available products and services (“Products and Services”) to purchase via the Website.
• Prices for Products and Services are displayed in a Listing. We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).
• By placing an Order via the Website, you are making and offer and commitment to purchase Products and Services (as applicable) in accordance with these Terms. An Order is subject to acceptance or rejection by DSTNTN in its discretion after receipt of the Order. Once you have placed an Order, you cannot cancel it and Our Refund Policy will apply.
• Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (“Confirmation Email”). Where your Order is not accepted by us, you will receive an email indicating that your Order has not been accepted. If you do not receive a Confirmation Email, please contact the DSTNTN team via email at [email protected] to check the status of your Order.
• You must not purchase Products and Services for re-sale.
• All updates and modifications to the Website including any changes to the Content, Website Services, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website via our Website.
• DOMESTIC SHIPPING: All purchases are posted via Australia Post /.]. Shipping costs are calculated according to your postcode and will be provided at the checkout prior to payment.
• Any period or date given by use for the shipping and/or delivery of an Order is intended as an estimate only and may be subject to change. We take no responsibility for any loss suffered by you where an Order is not delivered within the estimated time frame.
• Title in the products comprising an Order/s is retained by us and will not pass to you until full payment in cleared funds is received by us.
• To the fullest extent permitted by law, all risk of loss or damage to the product passes to you when the Order is delivered to you at your nominated delivery address.
• It is your responsibility to inspect all products on delivery. Any damage must be noted on the delivery docket presented to you by the courier for signature. If you believe that your Order has been lost or damaged in transit, please contact our DSTNTN team via email at [email protected]. You must send notification and images of any damage or missing goods to us by email within 7 days of delivery.

6. BOOKING YOUR DSTNTN ROOM
   • If you find a DSTNTN Room you’re interested in, you can book it online via the DSTNTN Website and/or by following the link in the Listing to one of our Third Party Booking Providers’ Third Party Booking Platforms. Full payment is required at the time of booking when booking via our Website; otherwise, your booking remains unconfirmed. Not all DSTNTN Rooms will be available to book via the Website and all Third Party Booking Providers.  DSTNTN reserves the right to make DSTNTN Rooms available to book via some but not all Third Party Booking Providers or the Website.

• We utilise Third Party Booking Platforms to facilitate bookings for some of our Listings. You acknowledge and agree that the terms and conditions of the Third Party Booking Provider apply if you book a DSTNT Room via a Third Party Booking Platform and you are responsible for complying with such terms and conditions, in addition to these Terms.  You acknowledge and agree that your rights to refunds, cancellations and payment obligations may be different under the  Third Party Booking Provider’s terms than these Terms.
• When you receive the booking confirmation from our Website, a contract for your reservation of the Listing is formed directly between you and DSTNTN. By making a Reservation you are agreeing to the terms of the reservation contract (“Reservation Contract”). The terms of the Reservation Contract include these Terms, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing, during your stay (including in documents provided to you by your Host or DSTNT) or during checkout that apply to the Reservation. It is your responsibility to read and understand these terms of the Reservation Contract including these Terms and all terms of the Reservation including all rules, standards, policies, and requirements prior to booking a Listing.
• A Reservation is a limited licence to enter, occupy and use the DSTNTN Room for the duration of your Reservation only. DSTNTN, or any authorised partner of DSTNTN (for example a DSTNTN Host, cleaners or maintenance staff) retains the right to re-enter the DSTNTN Room during your stay to the extent:
• it is reasonably necessary,
• permitted in accordance with these Terms, and
• permitted by applicable law. If you stay past checkout, we reserve the right to make you leave in a manner permitted by applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.
• When you book DSTNTN Room you are agreeing to pay all charges for your booking including the Listing price, reasonably applicable fee including any taxes, and any other items identified during checkout (collectively, “Total Price”). If you choose to pay using a currency that differs from the currency set by the DSTNTN on the Website for the Listing, the price displayed to you prior to you completing payment is based on a currency conversion rate determined by us. You are also agreeing that DSTNTN may charge the Payment Method (in accordance with the payment terms set out at clause 10) used to book the Listing in order to collect Damage Claim amounts.
• DSTNTN’s Services are available to adults aged 18 and over. By booking with DSTNTN, you confirm that you are at least 18 years old:
• All guests under 18 must be accompanied by a responsible adult, such as a parent, guardian, or someone who has parental responsibility and authority over the minor.
• If you are under 18 and not accompanied by an adult as described in 8.6(a) DSTNTN may, at its discretion, cancel your booking immediately, and the full booking amount will be forfeited and non-refundable.
• If you are booking for an additional guest who is a minor or if you bring a minor to a DSTNTN Room or any alternative Accommodation you must be legally authorised to act on behalf of the minor and you are solely responsible for the supervision of that minor.
• You may be offered experiences or services by your Host (“Host Offerings”) when you arrive at the DSTNTN Room. Host Offerings are not endorsed or supported by DSTNTN and your participation in any Host Offerings is entirely at your own risk.  You fully indemnify DSTNTN for any loss, damage or claim caused or contributed to by your participation in Host Offerings. 
• When you participate in, attend, or use a Host Offering, you are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend or use the Experience. Except where expressly authorised, you may not allow any person to join an Host Offering unless they are included as an additional guest during the booking process.

7. YOUR ASSUMPTION OF RISK

• You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the risk arising out of your access to and use of DSTNTN Rooms, this Website, Booking Partner Platforms, participation in any Experience or Host Offering, or any other interaction you have with other members whether in person or online. It is your responsibility to investigate a DSTNTN Room to determine whether it is suitable for you, including any access limitations or restrictions and functionalities. For example, Host Offerings may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume the risk to participate in those Host Services.

8. PAYMENT

• Payment for a Reservation made via the Website or an Order is made via the Website (“Online Payment”).
• All prices are listed on the Website and shown in Australian Dollars (AUD) and include GST (unless otherwise indicated).
• Upon and after receiving full payment for the Total Price, DSTNTN will issue your booking confirmation, delivered to the email address you nominated when making an accommodation reservation.
• DSTNTN uses Stipe Payments to provide the payment services for Online Payment.  For more information on Shopify Payment’s security processes, please visit their website at https://stripe.com/au/privacy.  You acknowledge and agree that you will comply with Stripe’s terms and conditions in relation to payments.
• We accept Online Payment via Shopify Payments using VISA, MasterCard, AMEX and PayPay, and DSTNTN Gift Cards. We may add additional methods of accepting Online Payments from time to time which will be made clear at the checkout via the Website.
• You must not pay, or attempt to pay, for Reservations or Orders through any fraudulent or unlawful means.
• We will provide you with a receipt at time of confirmation of the Reservation and/or Order (in respect of Online Payments) which specifies the total fees and charges for the Products and Services in your Order and/or details of your Reservation.
• All payments via credit card are subject to a security and verification process by an external, fraud prevention provider. We may require additional information from you in order to verify your identity and/or payment method before shipping your Order and/or booking your Reservation or emailing your e-gift card. Where we cannot verify your payment method, your Order and/or Reservation will be cancelled.
• The specific terms and conditions of supply for any Products or services purchased via the Website will be notified to you before you finalise your Order.  Your confirmation of any Order indicates your acceptance of those terms and conditions of supply, which will upon confirmation of the Order be incorporated into these Terms in respect of that Order. 

9. WELCOME DISCOUNTS & DISCOUNT CODE

• Where you subscribe to the DSTNTN mailing list you may be eligible to receive a welcome discount  subject to any exclusions outlined in the offer. 
• The welcome discounts are valid for the period of time as specified upon receipt of the discount code can be used online only via the Website and are not valid during online promotions or in conjunction with any other offer. 
• We will determine your eligibility to receive the welcome discounts at the time you subscribe or consent to the DSTNTN mailing list and may exclude you from receiving the welcome discounts where you unsubscribe and resubscribe to the lists, where we reasonably suspect fraudulent activity, or otherwise at our discretion. 

• We reserve the right to withdraw or amend the welcome discount offers at any time.

10. DSTNTN GIFT CARDS

• All DSTNTN gift cards, including e-gift cards, (“Gift Card”) are subject to the following terms
• Gift Cards can be redeemed to make reservations and bookings of DSTNTN Rooms, or to purchase DSTNTN mechanise offered for sale online via the Website
• Lost or stolen Gift Cards cannot be refunded or replaced.
• Gift Cards are valid for 3 years from the date of issue.
• Any unused balance will remain on the gift card until expiry.
• Gift Cards cannot be reloaded.
• Gift Cards cannot be used to purchase other gift cards.
• Gift Cards can only be used in the country and currency of issue
• We reserve the right to cancel any gift card for any reason and at any time. Where we cancel a Gift Card, we will provide you with a refund or replacement Gift Card, other than where cancellation occurred due to suspicions of fraud or illegal activity.
• The following additional conditions apply to the purchase of e-gift cards:

• E-Gift cards will be delivered to the email address entered by you in the gift card ‘Recipient Email’ field and will be delivered separately to the Confirmation Email.
• It is your responsibility to correctly enter the email address for receipt of the e-gift card. E-gift cards cannot be refunded or replaced where you enter the incorrect email address, or where you share or forward the e-gift card in error.

11. REFUND POLICY FOR DSTNTN ROOMS: BOOKING MODIFICATIONS, CANCELLATIONS, RESERVATIONS ISSUES, REFUNDS

• We know plans can change. If you need to make changes at least 15 days before your arrival, there’s no cancellation fee. You can choose to reschedule, receive a gift voucher for the full amount, or get a refund minus a processing fee. The following applies to the relevant circumstances as specified:
• For changes made 8 to 15 days before arrival, there is a cancellation fee of 50% of the Total Price.
• If you cancel within 8 days of your arrival, no refunds, vouchers, or re-bookings (partial or otherwise) will be given.
• All refunds will incur a processing fee of 5% of the Total Price.
• You are responsible for any Booking Modification you make via the DSTNTN Website or direct DSTNTN customer service action made on your behalf, and agree to pay any additional amounts, fees or taxes associated a Booking Modification which are notified to you prior to choosing to proceed with the Booking Modification.
• Ordinarily DSTNTN wont required a security bond when you make a booking. However, if after your stay at the DSTNTN Room we find that there’s been any damage or loss, DSTNTN reserves the right to charge your credit card for any extra costs. This could include things like repairs, damage, extra cleaning, excess rubbish, or more guests than were originally booked. By making a booking, you agree that DSTNTN can make these charges if we believe they’re necessary.
• DSTNTN reserves the right to charge an additional fee for any rescheduled bookings, including those due to emergencies or injuries, provided that appropriate documentation or proof is supplied.
• If your booking includes a public holiday surcharge or fee, this fee is non-refundable if you cancel or reschedule. The standard cancellation policy does not apply to these bookings, and there are no refunds for cancellations or reschedules made less than 15 days before your stay.

12. REFUND POLICY FOR ORDERS

• Our Products and Services come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Terms.  Nothing in these Terms shall override your rights as a Consumer or otherwise at law.
• We do not accept returns of Products and Services due to ‘change of mind’ unless we expressly agree otherwise.
• Your rights to a refund or replacement for Products and Services (if applicable) are prescribed under the Consumer Guarantees under the Australia Consumer Law.
• In the event of any fault, defect or problem with any Products and Services that you have purchased through the Website, the remedies available to you are as prescribed under the Australian Consumer Law and depend on the nature of the fault, defect or problem. If you believe any of the products purchase on or through the Website are faulty, defective or have a problem, please notify us immediately by email to [email protected] so we can discuss and resolve the issue with you.

GUEST RESPONSIBILITIES

13. YOUR RESPONSIBILITIES AS A GUEST

• DSTNTN Rooms are located in rural and often undeveloped areas that may not be occupied by the Host year-round. By staying with us, you acknowledge that you’re responsible for your own safety in and around the DSTNTN Rooms and Property.
• You understand the risks of visiting a wilderness environment and agree to familiarise yourself with any specific risks related to the area around your chosen DSTNTN Rooms you also agree to make sure everyone in your group is aware of these risks.
• Extreme weather can be hazardous, especially in rural settings. You acknowledge that you are aware of the potential dangers when traveling to and staying at a DSTNTN Rooms.
• To the maximum extent permitted by law, you are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any DSTNTN Room or alternative Accommodation, all areas and facilities where the DSTNTN Room or any alternative Accommodation is located that the Host and Guest are legally entitled to use in connection with the DSTNTN Room or alternative Accommodation.
• In accordance with clause 4, without limitation, this means:
• you are responsible for leaving the DSTNTN Room or any alternative Accommodation (and related personal property) in the condition it was in when you arrived;
• you are responsible for paying all reasonable Damage Claim amounts; and
• you must act with integrity, treat others with respect and comply with applicable laws at all times.
• You must promptly follow all directions given by Hosts, DSTNTN or authorities during your stay.
• If you have any queries or require any assistance upon arrival, please contact the DSTNTN Team either by email at [email protected] or call 0400 847 152.

14. ARRIVAL AT THE DSTNTN ROOM AND PROPERTY
    • Within 48 hours before your arrival, DSTNTN will send you Pre-Arrival Instructions to the email address you provided when booking. Your DSTNTN Guide will also include Additional DSTNTN Room Rules.

• You agree to follow the Pre-Arrival Instructions and any directions provided you by the Host or DSTNTN and park any vehicles in the designated parking area (as outlined in the Pre-Arrival Instructions). Only two vehicles are allowed in this area during your stay.
• You must not drive any vehicles off the designated route, including up to the DSTNTN Rooms itself, as these areas are not suitable for regular vehicles. You will be responsible for any damage or loss to the DSTNTN Room or Property if you drive outside the designated route or parking area.
• In the event of wet or severe weather, you may receive a weather warning. If notified, you agree to park your vehicles in any alternative Wet Weather Zones specified. Not following these instructions could result in your vehicle getting bogged down or needing towing. Any costs related to not adhering to these weather warnings will be your responsibility.

15. STAYING AT THE DSTNTN ROOM
    • During your stay, you must stay within the designated area outlined in the Pre-Arrival Instructions. You’re not allowed to go near or enter the Host’s (or other third party’s) home, Property or any area outside the designated zone without permission. In an emergency, use the contact details provided in your Pre-Arrival Instructions or DSTNTN Guide.

• If you’re having a campfire, you must keep it within the designated fire-pit, make sure it’s no higher than knee-height, and never leave it unattended. All fires must be completely out by midnight and before you leave.
• If there’s a fire ban, you’ll be informed through the DSTNTN Guide, and you must follow the Fire Ban Notice. Ignoring a fire ban will result in immediate eviction, and you’ll be responsible for any damage caused by not following the rules.
• Please respect the local wildlife and avoid approaching any animals, whether they are wild or domestic, on the Property
• Any gates you open must be closed immediately after. You’re responsible for ensuring that no gates are left open, as the Landowner may have livestock or other animals that could escape. You’ll be liable for any loss or damage if you don’t close gates properly.
• Pets aren’t allowed in the DSTNTN Room or on the Property unless you have prior approval from DSTNTN and have paid the extra pet fee.
• You are fully responsible for your pets while on the Property. DSTNTN is not liable for any issues that occur to pets, such as baiting, wildlife encounters, or injuries.
• Be mindful of noise, as rural communities value peace and quiet. Please always keep noise and music to a reasonable level. All outdoor music and socialising must end by 10 p.m. and continue indoors with the doors closed to prevent noise from reaching neighbours.
• You’re responsible for any damage or loss caused to the DSTNTN Room or Property during your stay. DSTNTN reserves the right to charge your credit card for any such costs.
• Only the people listed on your booking form are allowed on the Property. DSTNTN reserves the right to evict you if this is not followed.
• Please behave responsibly when using the DSTNTN Room and surrounding areas. Parties are not permitted
• Smoking is not allowed inside or within 10 meters of the DSTNTN Room.
• You agree to follow any Additional House Rules provided in the DSTNTN Guide and make sure everyone in your group does the same.
• The DSTNTN Guide includes instructions for using the Cinderella Incinerator toilet. If these instructions aren’t followed, such as failing to use the liners before using the toilet, and the toilet is damaged or destroyed as a result, a fee will be charged to your credit card.

16. LEAVING THE DSTNTN ROOM AND PROPERTY

• All vehicles should promptly exit the DSTNTN Room and Property using the designated route.
• You agree to vacate the DSTNTN Room and Property by the scheduled departure date and time. DSTNTN may charge fees for any early arrivals or late departures unless prior approval is granted at no extra cost.
• If you decide to leave before your departure date, no refunds, vouchers, or re-bookings (partial or otherwise) will be provided.
• It’s your responsibility to take all your rubbish with you when you leave. DSTNTN reserves the right to charge fees for any rubbish left behind after your stay.
• Please leave the DSTNTN Room and Property in the same condition as when you arrived, allowing for normal wear tear. Any rubbish, excessive mess, or damage inside or around the DSTNTN Room will incur an extra cleaning fee.          
• You agree to notify DSTNTN of any damage to the DSTNTN Room or Property that occurred during your stay. DSTNTN reserves the right to charge for the replacement of damaged items.
• You are responsible for the safe return of the DTSNTN Room keys including and other form of security or access pass to enter the DSTNTN Rooms, if the keys are returned to the master lock box at the end of your stay we will deemed it be physically lost and DTSNTN is entitled and reserves the right, at its sole discretion, to recover the replacement cost and associated fees.

17. REGISTERED USER CONTENT
    • Your access to, and use of, the Website is subject to all conditions specified in these Terms. If you breach any such conditions, we will be entitled to take any reasonable action, including terminating your User Account or taking legal action against you, in our sole discretion.

• You must comply and are solely responsible for complying with Applicable Laws. Subject to any law to the contrary, we do not otherwise guarantee or warrant that your proposed or actual use of the Website includes compliance with these Terms, complies with Applicable Laws that may apply to your activities on the Website.
• You agree that you will not:
• Use the Website for any purpose that is illegal, unlawful or prohibited by these Terms:
• Interfere or attempt to interfere with, or obtain or attempt to obtain unauthorised access to, the proper working of the Website or any Content, including (without limitation) through:
• hacking or use of automated devices, scripts or bots;
• destructive transmission of viruses, malware or any code or other conduct of a disruptive or destructive nature;
• reverse engineering, circumventing, damaging, disassembling, attempting to discover the source code; or
• other illegitimate means;
• Contact Users of the Services for the purpose of sending unsolicited offers, advertisements, spam, junk e-mails;
• Contact Users for the purpose defaming, abusing, threatening or defrauding Users;
• Impersonate any entity or falsely claim an affiliation with any person or entity;
• Scrape or otherwise obtain any data from the Website for any purpose or use any Content to spam third parties; or
• Contribute or distribute any User Content via the Website that infringes Applicable Laws or any other legislation or regulations of any applicable jurisdiction (including without limitation the jurisdiction in which you are using the Website). You agree that any legal consequences arising from a claim or action for infringement of any such legislation or regulation based on contributing or distributing User Content via the Website are your sole responsibility and you are wholly liable for such claims or actions.
• You warrant that your User Content does not contain any:
• Offensive, defamatory, obscene, blasphemous, hateful, violent, bullying, discriminatory or threatening language, or content that creates a risk of personal injury or property damage or makes any threat to people or public safety;
• Illegal, false, fraudulent, misleading or deceptive conduct, including but not limited to blackmail, extortion, financial or personal scams and attempts to impersonate others;
• Content that infringes the personal or proprietary rights of others, including but not limited to Intellectual Property rights and rights to privacy; or
• Spam, publicity or promotion of commercial activities or commercial content not specifically authorised by us with our prior written consent.
• You are solely responsible for any uploading or sharing of User Content on the Website in accordance with clause 18. By contributing User Content to the Website, you must not infringe the rights (including Intellectual Property rights) of any other User or third party or act in a way that constitutes a breach of any agreement you may have with any person. Subject to clause 19, we are not responsible or liable for any User Content that is uploaded to, shared via, displayed on or transmitted via the Website that does not comply with these Terms.
• You warrant to DSTNTN that you have the full capacity to provide the warranties regarding User Content set out in this clause 17, clause 19 and elsewhere in these Terms.

18. UPLOADING USER CONTENT AND REVIEWS

• You agree to share or upload Content (including Travel Content) to the Website only if all of the following conditions are met:

• You are the owner of all Intellectual Property rights in the Content (“Content IP”) and can license the use of the Content IP to DSTNTN in accordance with clause 3;
• If you are not the owner of the Content IP, you have all necessary licenses, permissions and consents to upload the Content containing Content IP to the Website and license the use of the Content IP to DSTNTN in accordance with clause 3; and
• If the Content contains any Intellectual Property owned by a third party (“Third Party Content IP”) in conjunction with the Content IP, you have all necessary licenses, permissions and consents to upload the Content containing Third Party Content IP to the Website and license the use of the Third Party Content IP to DSTNTN in accordance with clause 3.

• DSTNTN retains the right (without providing any notice to you) to remove, block, edit or monitor the User Content, at DSTNTN’s sole discretion.
• After staying at a DSTNTN Room, Guests may leave public reviews and submit star ratings (collectively, “Reviews”) about each DSTNTN that they have travelled to and stayed at. Reviews reflect the opinion of individual
• You must not manipulate the Reviews in any manner, such as instructing another Registered User to write a positive or negative Review about a Listing.
• DSTNTN is not responsible for any User Content (including Reviews) that is created, uploaded or submitted to, or otherwise appears via, the Website. We do not endorse, support, represent or guarantee the accuracy, completeness or reliability of User Content appearing on the Website. Also, we do not endorse or represent the views of opinions contained in any User Content.

19. INTELLECTUAL PROPERTY

• The Intellectual Property subsisting in any aspect of the Website including without limitation text, graphics, artwork, logos, software, trade marks, designs, copyright, compilations, algorithms, source code, video recordings and audio recordings, as well as the structure, layout, user interface and “look and feel” of the Website, but excluding User Content (“Website IP”), is exclusively owned and controlled by DSTNTN and/or its third party affiliates, licensors and/or licensees, and is protected by Australian and international law governing intellectual property rights. The Website IP remains DSTNTN’s exclusive property throughout the world in perpetuity.
• You are not permitted to save, download, reproduce, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Website IP unless you have express prior written authorisation from DSTNTN. Any unauthorised use of Website IP by Users is strictly prohibited.
• Subject to the rights granted to DSTNTN under clause 19.4, you will retain exclusive ownership and/or control of any Intellectual Property subsisting in any User Content which you share via, or submit or upload to, the
• Notwithstanding clause 2, you hereby grant to DSTNTN a perpetual, non-exclusive, fully paid, royalty-free, transferable, sub-licensable, non-revocable, unlimited, worldwide licence to reproduce, exploit, use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute any User Content which you share via, or submit or upload to, the Website, in any and all media, at DSTNTN’s sole discretion.

20. CONSUMER GUARANTES AND DISCLAIMERS

• Where you acquire our Products and Services or Website Services as a Consumer, we will provide our Products and Services and Website Services to you in accordance with any Consumer Guarantees under the ACL. Nothing in these Terms of Use overrides, excludes, limits or otherwise restricts any Consumer Guarantees applicable to you under the ACL, to the extent that they do, this clause 20.1 will prevail.
• Nothing contained in these Terms is intended to exclude, restrict, or modify any guarantees under the Australian Consumer Law which apply and cannot be excluded, restricted, or modified. Otherwise, all terms, conditions, warranties, and representations, express or implied by statute or otherwise, are excluded
• We do not make any warranties or guarantees regarding Products and Services and Website Services , including without limitation, any guarantee that Products and Services and Website Services are of a particular quality or standard or are defect-free. You may be entitled to certain guarantees under the Australian Consumer Law.

21. LIABILITY
    • If you are a Consumer, our liability to you for any Loss or Claim suffered as a result of us failing to comply with any Consumer Guarantees in relation to the Products and Services and Website Services during the relevant period (“Affected Period”) is limited at our election to the resupply of the relevant Products and Services or Website Services for a period equivalent to the period of the breach, or payment of the cost of resupply of the Products and Services or Website Services equivalent to Affected Period, or repair or replacement of the Products and Services.

• Subject to clause 4 and any liability we may have to you under clause 21.1,and to the extent permitted by law, us and our Representatives exclude, and you hereby release us and our Representatives from, all liability (whether arising under these Terms,, tort, negligence, statute or in any other way) for all Loss and Clams of any kind whatsoever directly or indirectly sustained by you in relation to any of the following matters (“Website Matters”).
• your inability to use, the Website including placing a reservation and booking a DSTNTN Room, and/or purchase of DSTNTN merchandise
• failure by a Host to comply with the terms of these Terms;
• any failure by DTSNTN, its Payment Provider, any Third-Party Booking Provider or other third parties to provide any information, service, feature or functionality via the Website;
• any unauthorised submission of information to the Website;
• statements or conduct of any third party using the Website;
• use of third-party services in conjunction with the Website by you;
• any communication or interaction between Users via the Website, whether online or offline;
• a failure by another User you interact or deal with via the Website to comply with these Terms;
• any User Content that is uploaded, submitted, or otherwise appears, via the Website;
• where you fail to comply with any Applicable Laws when using the Website;
• where you fail to comply with any Applicable Laws or the Privacy Act when dealing with Personal Information in connection with the Website; and
• anything outside the reasonable control of DSTNTN including without limitation natural disasters, acts of God, equipment or infrastructure failure, civil riots, war (include cyber-attacks), strikes, data breaches, viruses or malicious code.
• To the extent that any limitations of liability contained in these Terms are ineffective or if any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our total aggregate liability to you is capped at the total monies you have paid (subject to deductions for refunds received) to any User or otherwise via the Website in the 12 month period prior to the limitation being ineffective or warranty not being able to be excluded.

22. WARRABNTIES AND INDEMNITY

• As a further condition of using the Website, you must indemnify us against all direct, quantifiable and reasonable Loss suffered by us and/or our Representative (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a result of you breaching these Terms of Conditions, or otherwise from your use of Website or the Products and Service and Website Services.
• Guests may consider obtaining and maintaining the necessary amount of insurance cover (including but not limited to travel insurance) appropriate to his or her obligations under these Terms and Applicable Laws, or otherwise as required by law.
• You acknowledge and understand that the use of Website, Products and Services and Website Services and Website Services is entirely at your own risk. We assume no duty of care to you or any other party who relies on anything provided for by us through the Website, Products and Services and Website Services; we rely on all warranties and undertakings provided by you under these Terms; and we are not obliged to confirm or check the accuracy, legitimacy, or efficacy of the personal information or other materials you provide to us in connection with your use of the Website, Products and Services and/or Website Services.
• To the extent permitted by law, DSTNTN excludes all liability to you or any other person for any loss (including indirect, special, or consequential loss), damages, costs (including legal costs), or expenses of any kind arising from or in connection with
• Any act or omission of a Landowner, Host or third party.
• Your access and use of the DSTNTN Rooms and any related services.
• Your use and access of the Website and Website Services.
• Your acquisition or use of Website and Website Services, or that of any Gift Recipient or transferee.
• Any errors or inaccuracies in the information regarding DSTNTN’s Services.
• Delays, interruptions, or cessation of transmission to or from the DSTNTN Website.
• If DSTNTN is held liable in connection with these Terms, our cumulative liability will be limited to: the replacement of goods or services to which the breach relates or the supply of equivalent goods or services; the repair of such goods or services the payment of the cost of replacing the goods or services or acquiring equivalent goods or services, not to exceed the amount paid in total the payment of the cost of having the goods repaired or the services performed again.

23. TERMINATION

• We may terminate or suspend your access to the Website at any time, at our sole discretion and without notice to you effective immediately if we have reason to believe that you have failed to comply with these Terms of Conditions. For any other reason, we will give you 14 days’ prior written notice. We may also cancel any Reservations you have made with us.
• You may terminate these Terms by ceasing to use the Website and sending a request in writing to us via email at [email protected] for the suspension of your User Account.
• Upon termination, you will no longer have access to the functionality of the Website that requires a User Account. We will be under no obligation to store the User Content contributed through your User Account or provide you with further access to such User Content.
• Notwithstanding clauses 17 to 23.3:
• any Personal Information or non-personal statistical information collected under these Terms and the Privacy Policy may continue to be stored, used or disclosed within the scope of the purposes described in the Privacy Policy; and
• we may store any User Content on our servers at our discretion, whereby our rights under clause 19.4 will continue in perpetuity.

24. JURISDICTION

• These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflict of laws principles. Any claim, cause of action or dispute arising out of these Terms of Conditions will be resolved exclusively in the courts of Victoria, Australia, and where applicable, the Federal Court of Australia or Federal Circuit of Australia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims.

25. COMPLAINTS AND DISPUTE RESOLUTION

• If any disputes arise under these Terms:
• you agree to notify us of your complaint using the contact details provided in these Terms;
• we will review your complaint and may request additional information if necessary;
• both parties will negotiate in good faith to resolve the dispute; and
• you agree to fully cooperate in a timely manner with any requests we make during the resolution process.
• If a Guest and Host have dispute in connection with the performance of their respective obligations under these Terms, DSTNTN expressly disclaims any responsibility or liability in relation to such disputes. Subject to the aforementioned, DSTNTN may, but is not obliged to investigate, assist or involve itself in such disputes, at the specific request of a Host or Guest. In the event that DSTNTN investigates, assists or otherwise involves itself, both parties will jointly and severally indemnify DSTNTN against any and all costs and expenses incurred by DSTNTN in relation to its investigation, assistance or involvement of the dispute.
• Registered Users may report inappropriate or infringing User Content on the Website or other breaches of these Terms of Use by other Registered Users to DSTNTN. All Registered Users agree to in good faith, assist DSTNTN provide DSTNTN with the information that DSTNTN requires, and do such other things reasonably necessary to enable DSTNTN to investigate the complaint and to take appropriate action to enforce these Terms.
• Any complaints about DSTNTN or a dispute with DSTNTN in relation to these Terms or the Website Services (“Dispute”) by a Registered User must first be dealt with in accordance with clauses 25.4 to 25.6, before commencing any court or arbitration proceedings other than for urgent interlocutory relief.
• The Registered User must give DSTNTN written notice of the dispute adequately identifying and providing details of the Dispute (“Dispute Notice”). Notwithstanding the existence of a Dispute, both parties shall continue to perform their obligations under these Terms.
• If a Dispute is not resolved by agreement within 20 business days of DSTNTN receiving a Dispute Notice, either party may refer the Dispute to confidential mediation to be conducted by an independent mediator appointed by agreement between the parties, or failing agreement within 30 business days of DSTNN receiving the Dispute Notice, by a person appointed by the Chair of Resolution Institute, ACN 008 651 232, Level 2, 13-15 Bridge Street, Sydney NSW 2000; telephone: 02 9251 3366, email: [email protected]) or the Chair’s designated representative. The Resolution Institute Mediation Rules shall apply to the mediation unless otherwise agreed. The costs of the mediator shall be borne equally between the disputing parties.

26. ACCESS, COMMUNICATION, AND CONTENT DISCLAIMER

• Subject to the consumer guarantees provided for in the ACL, DSTNTN does not warrant that you will have continuous access to the Website
• DSTNTN will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
• DSTNTN does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
• Whilst DSTNTN takes reasonable precautions to protect information transmitted via the Website, DSTNTN cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
• DSTNTN does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

• We have used our best endeavours to ensure all Content appearing on the Website is correct and up-to-date at the time of publication. DSTNTN does not represent or warrant the accuracy or completeness of the Content and is not responsible for any errors, omissions or defects.

• Certain laws, including the Competition and Consumer Act 2010 (Cth), can imply warranties or conditions, or impose obligations on DSTNTN that we exclude, restrict or modify, or that we can only exclude, restrict or modify to a limited extent. Where these laws apply, to the extent to which DSTNTN is able to do so, our liability will be limited to the resupply of the Content. 

27. MISCELLANEOUS 

• We reserve the right to perform maintenance of the Website (whereby the functionality of the Website may not be accessible for a certain period of time) without notice to you.
• From time to time we may run promotions or offer discounts or benefits of any one or more Users subject to additional terms and conditions which shall prevail in the event of any inconsistency over these Terms. We reserve the right to offer, withdraw, change, cancel or determine the eligibility for any such promotions, discounts or benefits.
• If we are involved in a sale, merger or other restructuring, it may need to assign its position under these Terms to a third party, which it will have the right to do so at its sole discretion. We will also have the right to assign its position under these Terms in other circumstances with your written consent. You may assign your position under these Terms to a third party with our prior written consent.
• The rights and obligations under these Terms, which by their nature would reasonably continue beyond the expiration of termination of these Terms, will survive the expiration of termination of these Terms of Conditions. Without limiting the generality of the foregoing, clauses 19 (intellectual property, 20 (consumer guarantees and disclaimers), 21 (liability), 22 (warranties and indemnities) will survive the termination of these Terms.
• In the event that any one or more of the provisions contained in these Terms would, for any reason, be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms and these Terms shall be construed as if such provisions had never been contained herein.
• The fact that a party fails to do, or delays in doing, something the party is entitled or obligated to do under these Terms, does not amount to a waiver of any obligation of, or breach of obligation by, any other party.
• If you fail to comply with these Terms do not have a lawful excuse for such failure, then in addition to our rights under these Terms to suspend or terminate any User Account, you may also be in breach of your obligations to DSTNTN pursuant to these Terms.

28. DEFINITIONS AND INTERPRETATION

• In these Terms, except where the context otherwise requires:
• The singular includes the plural and vice versa;
• Words such as including or for example do not limit the meaning of the words preceding them;
• A reference to a document includes the document as assigned, novated, altered, supplemented or replaced from time to time;
• Parties must perform their obligations to DSTNTN, and we will perform our obligations, on the dates and times fixed by reference to Melbourne, Victoria. DSTNTN recommends that the Guest obligations under a Booking for a DSNTN Room be determined with reference to the dates and times fixed by reference to the local Australian state or territory applicable to Guest and the respective Listing;
• A reference to any party to these Terms, includes that party’s executors, administrators, successors and permitted assigns and substitutes;
• A reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
• A reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
• A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this Agreement or any part of it; and
• An obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits them all jointly and severally.
• The following definitions apply in these Terms:

“ACL” means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth)

“Applicable Laws” means any and all applicable laws, statutes, regulations, instruments and by-laws and all other subordinate legislation or orders made by any authority with jurisdiction with associated with and/or in relation to the provision of goods and services by DSTNTN through the Website, and use of the Website by any User.

“Booking” means any reservation and/or booking to stay at our DSTNTN Rooms placed through the Website by a User, or via link to our Third-Paty Booking Providers on a Third-Party Booking Platform.

“Claim” means  any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.

“Confirmation Email” is defined at clause 5.4.

“Consumer” means a User who views, accesses and uses the Platform in Australia, and:

• the amount payable for the Website Services does not exceed $100,000.00;
• the Platform Services provided are of a kind ordinarily acquired for personal, domestic or household use or consumption; or
• is a “Consumer” as defined under the ACL.

“Content” means all content on the Website including without limitation text, photographs, logos, names, designs, information, Personal Information, financial information, data, drawings, URL links, video recordings and audio recordings.

“GST” is as defined in GST Act; “GST Act” means A New Tax System (Goods and Services) Act 1999 (Cth)

“GST Laws” means the GST Act and all related subsidiary regulations.

“Host Offerings” are defined at clause 6.8.

“Intellectual Property” means all intellectual property and quasi-intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) including without limitation business names, trade marks, patents, designs, copyright, trade secrets, computer programs, databases, inventions, moral rights and all proprietary rights and all other intellectual property defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation (July 1967).

“Listing” means the DSTNTN Room that Users Guests can browse and search on the Website.

“Loss” means loss, damage, liability, charge, expense, payment or cost of any nature or kind, including all legal and other professional costs (calculated on an indemnity basis).

“Online Payment” is defined at clause 8.1.

“Payment Provider” means the third party engaged by OOTA from time to time to facilitate payments on the Website which is, at the time of writing these Terms, a service known as Stipe by Stripe Payments Company, 354 Oyster Point Boulevard, South San Francisco, California, 94080, and/related companies in Australia or overseas.

“Payment Method” means valid payment details for credit cards/debit cards, or any other payment methods such as PayPal accounts or direct debit arrangements through nominated bank accounts, available from time to time on the Website.  

“Personal Information” means any information or opinion which can reasonably identify an individual.

“Privacy Act” means the Privacy Act 1988 (Cth) as amended from time to time.

“Privacy Statement” means the Privacy Statement for the Website as amended or updated from time to time, a copy of which can be found on the Website.

“Registered User” means a user who has registered an account on the Website.

“Representatives” means DSTNTN’s directors, officers, contractors, employees, consultants, or other affiliates.

“Reservation Contract” is defined in clause 6.3.

“Reviews” are defined in clause 18.2.

“User” includes Registered Users and Guests, it also includes people who visit, view, browse, access or otherwise have limited use of the Website who are not Registered Users.

“User Account” has the meaning provided in clause 4.

“User Content” means any Content shared via, or submitted or uploaded to, the Website by a User, and includes without limitation, User Generated Content and Reviews, in accordance with clause 17.

“Website Services” means the services listed in clause Error! Reference source not found. and any subsidiary services provided by DSTNTN via or in relation to the Website from time to time.