The website www.orchardluxurycottage.com.au (and all associated digital platforms, media accounts, mobile applications (together, the website), contents, products, materials and services (together, the services) are owned and operated by George and Carol Co (OC, company, we, us, our). 

The terms and conditions and any additional disclaimers, policies and legal notices displayed on our website from time to time explain how you may use our website and services. It is important that you read and understand these terms and conditions. By accessing any information, by downloading our guides, subscribing to the OC newsletter or registering in any other way to our mailing list, or using the services provided through the website, you will be deemed to have accepted and agreed to be bound by these terms and conditions, as updated from time to time, whether or not you are a visitor simply browsing (together ‘users’)

You agree that the use of the website and services is at your own risk. If you are under the age of 18, you must obtain your parent or guardian’s prior consent to use the website and services. You acknowledge and agree that using the website and services in any way other than what is expressly stated in these terms and conditions will amount to a breach of this agreement, and this agreement may be terminated in accordance with the provisions below.

These terms and conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the terms and conditions (or any changes to them), please do not continue to use the website and services.

1.            Services disclaimer

Our website and services aim to provide holiday rental accommodation and information.

The information, videos, images, content, and material contained in or available through the website and services are provided for general information purposes only. None of the content on this website represents or warrants that any method or service is appropriate or effective for every business, individual or property. To the extent that we provide any explicit or implied recommendations of any brand, supplier or service, such recommendations are only a general recommendation that is not specific to any particular situation. The information we provide is not intended to be a substitute for professional building and construction advice, legal or financial advice, nor do we claim to be an expert in any specific commercial field.

All information provided by us is provided in good faith, though we make no guarantees of any specific result from the use of the website or services. We derive our information from sources that we believe to be accurate and up-to-date as at the date of publication, however we do not make any representations or warranties that the information we provide is reliable, current or complete at all times. Your reliance on any of our services or the information on this website is solely at your own risk, and we make no guarantees as to the suitability, outcome or results.

Testimonials (in video or written) displayed on or through our website, social media or other platforms are examples of real experiences and opinions of people’s experiences with our company, website or services, and are for illustration and information purposes only.  All testimonials and publicity materials are displayed with permission and are of actual people and their results. Testimonials are not intended to guarantee current or future users the same or similar results. 

2.           Permitted use

OC prohibits the use of the website or any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the website and services responsibly and comply with any applicable laws and regulations. You agree you must not interfere or disrupt the platforms, servers or networks connected to the website. You agree you may not use the website or services for any purpose that is unlawful or to solicit the performance of any illegal activity or other conduct that infringes the company’s rights or the rights of others.

You may not use the website or services, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our services, or any other communications provided by us for your own personal use, or in a manner not permitted by the terms and conditions.

3. Enquiries & registration

By making a booking enquiry, downloading our guides or subscribing to our OC newsletter, you will be added to our email list and consent to receiving electronic communications from us. You can choose to opt out of receiving communications from OC at any time by following the instructions on the form to update your subscription or data preferences, unsubscribing from our email communications

4.Bookings

If you are making a booking via our online booking system or airbnb, you acknowledge you have read and agree to be bound by these terms and conditions, whether for yourself or on behalf of a minor. By making a booking you represent and warrant that you are at least 21 years old. If you are making a booking, you warrant that any persons under the age of 21 shall be supervised by a parent or legal guardian, and that you are aware of any age restrictions relevant to your booking or imposed by external service providers. If a third-party is making the bookings on your behalf, you warrant you have authorised the third party to do so, and you have been advised of these terms and conditions.

You agree and acknowledge that all information you provide to us through the booking service will be true, accurate, current and complete, including but not limited to your tittle, name, age, gender, address, telephone number and passport details.

Booking enquiries may be sent to OC via [email protected]

Submitting a booking enquiry does not secure your booking. All bookings are made through the online booking system little hotelier. 

You acknowledge and agree that the company will collect your personal information for the purpose of the booking service and any additional services you may request. At times we may be required to request your passport details, date of birth, or other types of personal information (‘personal information’). If we are unable to collect this and/or other personal information as requested, we will not be able to process your booking, and may not be able to provide you with some or all of our services. For more information please refer to the bookings clause in our privacy policy.

A booking may be cancelled if, due to force majeure, terrorism, natural disasters, political instability or other external events, it is not viable for us to uphold the booking. Where your booking has been varied or cancelled, we will use our best endeavours to provide an alternative that is substantially the same or as similar as practical to the original booking, or voluntarily offer you a right to cancel or change a booking via our booking system. You acknowledge that such a necessity may arise from time to time, and any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those outlined in the terms and conditions of the agreement. Under these circumstances, we will not responsible for any incidental expenses that you may have incurred as a result of your booking.

5. Purchases and pricing

Our services may be subject to change without notice. We reserve the right at any time to modify or discontinue any services without notice at any time and shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any services. We reserve the right to limit the sales of our services to any person, geographic region or jurisdiction. All descriptions of services and pricing are subject to change at any time without notice, at our sole discretion.

Depending on the type of booking, either a deposit of 50% or the full amount payable for the services will be charged to your nominated credit card prior to the provision of services, with any remaining fees being charged 21 days prior to the check-in date or hire period or as agreed. Where the charges to your nominated credit card are rejected or fail for any reason, we may suspend the provision of services at our full discretion.

Transactions are processed in aud figures. Fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees.

OC accepts no responsibility for credit card charges that are declined or not accepted due to disruptions with internet connections or problems with your company.

6. Privacy and security of information

Our website and services are subject to our privacy policy, which forms part of these terms and conditions. 

While we will take precautions to ensure the website is secure, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by us using the website or services, and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all necessary and reasonable steps to preserve the security of such information. 

7. Intellectual property

You are prohibited to copy, distribute, share and/or transfer information, content and material from the website or services (and/or their associated username or passwords) you purchased to any third party or person. In some cases, we may encrypt, force password and/or stamp license details (including customer name, address, etc.) to ensure additional safety.

No part of the website (including any content, information or material posted on the website) may be reproduced, copied, published, framed, or transmitted in any form or by any means without our prior written consent. No part of the services may be used, reproduced or exploited in any form or by any means, except as expressly permitted by us.

You acknowledge and agree to respect the intellectual property rights of others, including but not limited to our users, and third parties, by refraining from using, reproducing or exploiting any third-party content or user content that infringes their intellectual property rights recognised throughout the world, whether existing under statute, at common law or in equity, now or hereafter in force.