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Office of Sport

General

 

All Customers (referred to as “you” or “your”) making short stay accommodation bookings at a Site under the carecontrol and management of the NSW Office of Sport (referred to as “us”, “we” or “our”) must abide by the General Conditions of Entry and these Terms and Conditions.

1.    In these Terms and Conditions:

a.    “Accommodation” means the specific type of short stay accommodation as described in the Booking Confirmation;

b.    “Booking Confirmation” means an email sent by us to you notifying that your booking is a Confirmed Booking and any additional details relating to the booking;

c.    “Payment Portal” means the secure website operated by us that allows for the payment of bookings;

d.    “Site” means the property under our care, control and management detailed in the Booking Confirmation, to which your booking relates;

2.    You are granted an exclusive licence to occupy the Accommodation during the agreed period (“Booking Period”) as set out in the Booking Confirmation. Your use of the Accommodation is for short term residential purposes.

3.    At any time, our employees, agents or contractors may enter the Accommodation to prevent damage to or loss of property or life or to enforce its rights or your obligations in these Terms and Conditions

4.    For the safety or security of our Site or other legitimate purpose we reserve the right to apply additional conditions to your booking as reasonably required.

Accommodation Bookings

5.    An accommodation booking will only be considered to be confirmed (Confirmed Booking) when:

a.    You have submitted a complete online booking form or have made a booking over the telephone (by calling 13 13 02) with one of our staff;

b.    You have accepted these Terms and Conditions for the accommodation booking;

c.    You have made payment for the full cost of the accommodation booking and, any additional services  chosen while completing the online booking form   and this has been received by us; and

d.    We have sent a confirmation email to you.

6.    All fees are GST inclusive unless otherwise specified.

7.    Payment for an accommodation booking can only be made via the Payment Portal.

8.    Bookings made over the telephone are only provisional bookings and payment for such bookings must be made through the Payment Portal within 48 hours after we provide details and instructions on how to pay (which may be in the form of an invoice). Failure to make payment within this 48 hour period will result in the provisional booking being removed from our system.

9.    You may only allow to occupy  the Accommodation the number of people specified in the Booking Confirmation. If you allow more than the maximum number of people to  occupy or stay in the Accommodation or on the Site you will be required to pay an additional charge of up to the full per night rate for the for the accommodation and the booking may be terminated immediately.

10. Unless otherwise advised, accommodation check in time is from 2:00pm and Check out is before 10:00am.  Requested changes to these times may be made prior to the date of your booking and are subject to availability and additional charges may apply. You may be required to produce an acceptable piece of photographic identification (i.e. Drivers Licence or Passport) at the time of check in.

11. Access to equipment and facilitated activities at the Site is not included in the Confirmed Booking. These can be booked separately through our website: and are subject to availability and payment of applicable fees or charges.

12. Short stay bookings include access to the following facilities, if available, at the site; tennis courts, swimming pool, general grounds and BBQ areas located at the accommodation.

13. Changes to a Confirmed Booking can only occur over the telephone by calling 13 13 02 and any changes are subject to availability and are provisional changes until payment, if required, has been made through the Payment Portal. Failure to make payment within the following time periods will result in the provisional changes being removed from our system:

a.    for changes made at least 48 hours before check in: within 48 hours after we provide details and instructions on how to pay (which may be in the form of an invoice);

b.    for changes made less than 48 hours before check in: by the time of check in; and

c.    for changes made after check in: within 24 hours after we provide details and instructions on how to pay (which may be in the form of an invoice)

Use of Accommodation and Site

14. In addition to complying with the General Conditions of Entry you also agree that you and your guests will:

a.    keep the Accommodation clean, tidy and clear of rubbish and leave the Accommodation in the same condition as you find it;

b.    not obstruct or leave any objects or waste at the Site;

c.    not leave any obstruction outside of the Accommodation;

d.    not do or permit to be done in the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to occupiers of neighbouring accommodation or other users of the Site including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;

e.    not conduct any illegal or immoral activity from the Accommodation;

f.     not conduct any business or commercial activity whatsoever from the Accommodation including, but not limited to, conducting any photoshoots that are not expressly authorised in writing by us;

g.    not make any alteration or addition whatsoever to the Accommodation or its contents;

h.    not use the Accommodation for any purpose other than for personal accommodation;

a.    not bring animals into the Site (other than an approved assistance animal if it is in your company and you are its registered owner).

15. We will provide you with access cards, keys, pass codes or pin codes (“Access Devices”) necessary for you and your guests to access the Accommodation and you must ensure that you or your guests:

a.    safeguard the Access Devices;

b.    use the Access Devices only for the purpose of accessing the Accommodation in accordance with these terms and conditions;

c.    do not provide the Access Devices to third parties;

d.    do not copy the Access Devices;

e.    report loss of or damage to any of the Access Devices to us immediately; and

f.     comply with any other requirements regarding Access Devices advised by us.

16. If any of the Access Devices provided to you are lost, damaged or not returned to us at the end of the Booking Period then you will be charged for  the cost of any replacement and the cost of rekeying locks and reprogramming card readers.

17. You agree and acknowledge that:

a.    our Sites are an increasingly important wildlife refuge and you must not harass or feed animals, aquatic life or birds, pick flowers, damage grass, take cuttings of plants or otherwise damage, destroy or attempt to damage or destroy animal or plant life; and

b.    we reserve the right to close or amend access to the Site or any of the Site facilities, including cancelling any casual Site facility use at any time at our sole discretion including, but not limited to, instances due to the quality and safety of Site facilities as a result of inclement weather and any booking fees will be refunded where appropriate

Site Access – Broken Bay and Milson Island only

Broken Bay and Milson Island are accessible only be water and you must  organise   private  transport such as a water taxi to access those sites. You are  responsible for all costs associated with  transport to and from the Centrs in addition to  the accommodation booking. There are no facilities available for private boats to moor at these Centres.

 

Changes, Cancellations and Refunds

Cancellation – Initiated by You

18. If you fail to check in or leave the Site prior to the end of “Booking Period” then this will be treated as a cancellation and any money paid by you or on your behalf is not refundable.  

19. Cancellation requests, stating the reason of cancellation, must be notified in writing to us via email bookings@sport.nsw.gov.au(link sends e-mail). A cancellation will not take effect until we have confirmed acceptance of the cancellation. The cancellation fee applicable to a cancellation request is as follows:

Time

Cancellation Fee applicable

Less than 30 calendar days prior to commencement of the Booking Period

100% of accommodation booking fee (no refund provided)

30 calendar days or greater prior to commencement of the Booking Period

50% of accommodation booking fee (half refunded provided)

 

Transfer or Cancellation –Initiated by Us

20. We reserve the right to transfer, cancel or amend an Accommodation booking.  In these circumstances, every effort will be made to give reasonable notice.

21. We may initiate a transfer or cancellation of an accommodation booking when, but not limited to:

a.    the Site or Accommodation cannot cater for your individual needs;

b.    we determine, in our sole and absolute discretion, that the Site is unable to proceed with the Accommodation booking.

22. If you are offered by us the option to transfer your accommodation booking and:

a.    you accept this option, then your booking will be transferred; or

b.    you do not accept this option, then any fees paid for the accommodation booking will be fully refunded.

Privacy Clause - use and disclosure of personal information

23. We may collect personal information from you, including CCTV footage and photographs of you whilst on site.  This may be collected over the internet, over the phone, in person or in writing.

24. Any personal information obtained by us will be handled in accordance with the Privacy & Personal Information Protection Act 1988 and our Privacy Statement.

25. If you do not provide the required information requested in the online booking form,  we may not be able to process your request or handle your enquiries.

Release, Risk Indemnity and Wavier

26. You agree and undertake to pay or reimburse costs which may be incurred for medical attention, ambulance transport and medication while you or your guests is attending our Site.

27. You understand that although we and our contracted service providers attempt to minimise any risk of personal injury within practical boundaries, accidents do happen, and all physical activities carry the risk of personal injury.

28. You agree and acknowledge that:

a.    under the Civil Liabilities Act 2002 it is clearly noted that: (i) activities at the Site are of a sporting nature and carry inherent risks of injury, and (ii) general admission crowds and general access may cause recreational risk .

b.    by entering the Site you acknowledge the risks and in the event you sustain a personal injury, loss or damage to property, you hereby agree to absolve us and our staff from any liability whatsoever for any injury or loss whilst at the Site.

c.    you have assessed your own risk prior to entry to the Site.

29. You agree and acknowledge that

a.    the Site may have water elements, such as pools, dams and ocean or river access and it is your responsibility to maintain constant supervision of any children, if you are their parent or guardian, at all times.

b.    persons under the age of 14 must be under the direct supervision of an adult at all times and we reserve the right to refuse entry to, or to remove from, the Site or to refer to the police any persons under the age of 14 who are without adult supervision.

30. Where any meals are chosen while completing the online booking form, you:

a.    understand that the NSW Office of Sport does not prepare special meals in these circumstances that cater for allergies or dietary requirements ;

b.    acknowledge and understand that, if you suffer anaphylaxis, allergies or intolerances to certain foods then your consumption of any allergens may cause an allergic reaction;

c.    agree, in the event that you choose to consume any food item or meals prepared, to indemnify and keep indemnified the Office of Sport, its employees, servants, volunteers or agents, the Minister for Sport and the State of New South Wales (hereafter each the Released Persons)  from and against all claims whatsoever and whenever brought, prosecuted or made against any of the Released Persons for which the Released Persons will or may be or become liable arising from or as a result of my choosing to consume those meals prepared or to consume foods prepared for general consumption;

d. also agree to waive or discharge all and any claim, right or cause or action against the Released Persons, however arising, whether currently known or arising in the future which you may otherwise have for the loss of life, or injury, damage or loss of any description whatsoever, and however caused which you may suffer or sustain as a result of consuming any meals prepared or consuming foods prepared for general consumption

Liability

31. You:

a.    agree to release us, our officers, employees and agents from all liability to you, whether in contract or tort or under any statute, for:

                                                                                                           i.        any illness, injury or death that you or your guests may suffer;

                                                                                                          ii.        any loss of or damage to my property or to property for which you or your guests are responsible; or

                                                                                                         iii.        any other loss, liability, cost or expense you or your guests may incur,

as a result of or in connection with your use of the Site.

31.  

b.    This clause survives the end of the Booking Period.

32. You:

b.    indemnify us, our officers, employees and agents against all losses, liabilities, damages, costs and expenses (including legal costs on a solicitor and own client basis) that we, our officers, employees or agents may sustain or incur arising out of or in connection with:

                                                                                                           i.        any breach by you or your guests of any of these conditions; or

                                                                                                          ii.        any negligent, unlawful or wrongful act or omission by you or your guests in connection with your use of or access to the Site.

c.    This clause survives the end of the Booking Period.

33. Without limitation to any other clause, you acknowledge and agree that if you or your guests do not comply with any of these terms and conditions or the General Conditions of Entry then your and your guests’ access to the Site may be terminated immediately by us.

Acknowledgement of the Customer

34. Submission of the registration form indicates that you are accepting these Terms and Conditions, thereby acknowledging that you:

a.    are responsible for your guests whilst on site; and

b.    acknowledge these Terms and Conditions and the General Conditions of Entry.

 

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