+61 403 692 909

ARNHEM LAND COASTAL CAMP
BOOKING TERMS AND CONDITIONS

These terms and conditions govern all bookings made with Arnhem Land Coastal Camp Pty Ltd (ABN 56 608 400 737) (the Company).

Acceptance of these Terms and Conditions is deemed to occur you submit an online booking request or attend to payment of any deposit.

All Guests / Clients sign agreement– see final page

  1. INTERPRETATION
    • Definitions

In this Agreement, unless and except to the extent that the context otherwise indicates or requires:

Agreement means this agreement;

Applicant means you.

Associated Entities means the agents, employees, contractors or any other affiliated entities (be them incorporated entities or natural persons) of Arnhem Land Coastal Camp Pty Ltd;

Company, us, we, our, Arnhem Land Coastal Camp means Arnhem Land Coastal Camp Pty Ltd;

Claim means any claims, suits, actions and damages;

Credit Application means an application for commercial credit account.

Guarantor means that person specified as guarantor in the execution page (if applicable); no guarantor

GST has the same meaning as in the GST Law;

GST Law means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Items means any equipment, consumables, personal property or any other items provided by Arnhem Land Coastal Camp Pty Ltd; and

Quote means a document provided to you by Arnhem Land Coastal Camp Pty Ltd setting out a fee or price.

“Third Party Suppliers” means any independent supplier or provider who provides you with products or services but excludes Arnhem Land Coastal Camp.

Works means the works to be performed or the supply of goods, products, equipment or parts by Arnhem Land Coastal Camp Pty Ltd, as specified in their Agreement.

This Agreement is to be read in conjunction with the Quote or such other agreement or proposal provided to you by Arnhem Land Coastal Camp Pty Ltd.

  1. INTRODUCTION
    • These Terms and Conditions are effective as at the date provided and may be amended by Arnhem Land Coastal Camp from time to time. The Terms and Conditions applicable to your booking are those that are current at the time the booking is made. Current Terms and Conditions are available at Arnhem Land Coastal Camp’s website.
    • Arnhem Land Coastal Camp operates the Arnhem Land Coastal Camp.
    • Arnhem Land Coastal Camp also acts as an agent for Third Party Suppliers to provide services which may be booked through Arnhem Land Coastal Camp. Accordingly, such bookings may also be governed by and subject to additional terms and conditions of those Third Party Suppliers.
    • All prices quoted are in Australian Dollars.
  2. GENERAL
    • Travel involves many risks and our liability to you may be limited in certain circumstances. We strongly suggest that you protect yourself by purchasing comprehensive travel insurance cover for (without limitation) loss of booking due to flight delays or cancellations, damage or loss to personal baggage and other items, personal liability, death, personal injury and medical costs.
    • Your warrant to us that:
      • You are at least 18 years old and have the power and authority to enter into a binding contract with us and with the Third Party Suppliers of the products and services that you acquire through us;
      • The information you provide us about yourself is true, accurate, current and complete as required by any registration process; and
      • You will maintain and promptly update this information to keep it true, accurate and complete.
    • You may have rights under the Australian Consumer Law, as provided by Schedule 2 to the Competition and Consumer Act 2010 (Cth). Such rights include consumer guarantees that services we provide to you will be carried out by us with due care and skill and will be fit for the purpose disclosed. Subject to the Competition and Consumer Act 2010 (Cth) and to the maximum extent permitted by law, representations, conditions and warranties of any nature are expressly excluded.
    • These Terms and Conditions are governed by the laws of the Northern Territory and you agree that the Courts of Northern Territory shall have exclusive jurisdiction to hear any matter arising in relation to these Terms and Conditions.
    • Arnhem Land Coastal Camp is committed to protecting your privacy and confidentiality of your personal information. Arnhem Land Coastal Camp’ Privacy Policy is available upon request.
  3. EVENTS BEYOND OUR CONTROL
    • If an unforeseen event occurs which is outside our control and affects our ability to provide any of the products or services booked by you with us, Arnhem Land Coastal Camp will notify you as soon as reasonably practicable upon becoming aware of the expected consequence and an estimate of the length of time over which it will prevail. However, Arnhem Land Coastal Camp’s liability for the resulting costs to you of such an event is excluded.
    • Applicable rates are quoted on our website, advertisements or brochures. All quoted rates are subject to change at any time until the booking is confirmed. Should your booking requirements change after such confirmation we will notify you of any resulting rate change.
    • Payment in full must be received and cleared in our nominated bank account at least 30 days prior to your scheduled date of arrival.
    • In the unlikely event that Arnhem Land Coastal Camp cannot provide accommodation which you have booked, guests have the option of rebooking alternative date suitable to both parties or can have a refund, which must be 30 days prior to booking.
  4. SECURITY DEPOSITS REQUIREMENTS ON ARRIVAL
    • You must provide a credit card authorisation or imprint when you make your final payment. This authorisation may be used to cover incidental items including but not limited to telephone charges, security bond or deposit for any breakages or damage incurred during your stay or cleaning charges in excess of the normal level of cleaning. The pre-authorisation process validates your credit card and protects both you and merchant from increasing fraud incidents. Where a credit card is not available a minimum $300 cash deposit (or such other amount reasonably nominated by us at the time of check-in) will be required on check-in.
  5. CANCELLATION POLICY
    • If you cancel your booking with Arnhem Land Coastal Camp, the following cancellation fees will apply: –
      • 20% of booking fee, if cancelled more than 30 days prior to confirmed booking;
      • 100% of the booking fee, if cancelled 30 days or less prior to confirmed booking;
      • Guests are recommended to arrange personal travel insurance prior to trip.
    • You agree that under this cancellation policy all cancellation charges payable by you will be charged to the credit card provided at the time of making your booking or an amount equal to the full booking amount will be forfeited by Arnhem Land Coastal Camp.
    • If you do not show up for your booking, we will treat it as a cancellation.
    • Tours and transfers arranged by Arnhem Land Coastal Camp with a third party on your behalf are subject to the terms and conditions of the tour or transfer operator.
    • Due to their nature, participation in tours and transfers may require a minimum level of fitness or physical capability. Any specific requirements will be notified to you at the time of booking. By booking a tour or transfer, your warrant and represent that you satisfy any minimum requirements notified to you. If Arnhem Land Coastal Camp reasonably decides that you do not meet the minimum physical requirements, Arnhem Land Coastal Camp may remove you from any tour or transfer at any time without providing a refund.
  6. THIRD PARTY SUPPLIERS ( no third party suppliers)
    • Products offered by Third Party Suppliers
      • Certain products and services you are able to book through us are provided by third party suppliers independent of Arnhem Land Coastal Camp (Third Party Suppliers).
      • Products offered by Third Party Suppliers may be subject to separate terms and conditions, which will be provided to you at the time you make your booking. Third Party Suppliers’ terms and conditions may relate to items such as (without limitation) tour safety policies, children policies, cancellation policies.
      • You may be required to contact a Third Party Supplier directly to arrange for pick-up/drop-off times, appointments or other services which form part of your booking. Any requirements for you to contact the Third Party Supplier directly will be specified at the time of booking.
      • As agent for the Third Party Supplier, we are not liable to you for a breach of obligations by the Third Party Supplier in providing you with a product or service.
      • The Third Party Supplier is liable to you for a breach of obligations in providing you with the product or service.
      • If there is any inconsistency between the Third Party Supplier terms and conditions and Arnhem Land Coastal Camp Terms and Conditions, the former will prevail.
      • Destination shots may have been supplied to us by Third Party Suppliers and we do not guarantee the accuracy of any destination shots.
    • Awareness, Advertising and Depictions
      • Any maps and photographs of the destination are indicative only and not to be used for publishing and advertising material without written approval – see below.
      • Actual rooms occupied may vary in décor and inclusions from those shown.
      • Guests must request written consent from the Arnhem Land Coastal Camp Director and Traditional Owners prior to utilise any photos and video footage taken during your stay in Arnhem Land Coastal Camp for commercial purposes (material which is to be used for the purpose of publishing and advertising); all material will be subject to vetting by Arnhem Land Coastal Camp and the Northern Land Council prior to use and is subject to approval; this requirement is in place to protect Traditional Owners right to privacy and protection of sacred sites.
      • Arnhem Land Coastal Camp values and respects the privacy and culture of the traditional owners and asks that their guests do the same. As a courtesy, we ask visitors to ask permissions before taking photographs of traditional owners or sites of cultural significance.
      • All guests must obey all regulations and by-laws applicable to the Park; and report to Arnhem Land Coastal Camp personnel any breaches of such regulations.
  1. PERMITS

Permits into Arnhem Land is a compulsory requirement for all visitors. Upon the production of information by you Arnhem Land Coastal Camp administrative staff will make an application to the Northern Land Council to arrange for your permits as part of your visit.

  • FIREARMS

Guests are allowed to bring firearms to Arnhem Land Coastal Camp only upon the following conditions being met:

  • Permission is obtained from the company;
  • The firearm is registered to the guest bringing the firearm;
  • The guest holds the appropriate licence at the time of entry
  • Any directions of the staff of the company in relation to use, storage or discharge of the firearm are followed immediately.
  1. CHILDREN

Children are allowed at Arnhem Land Coastal Camp and must be under direct parental (guardian supervision) at all times.

Children can participate in guided tours whilst in Arnhem Land Coastal Camp however the children must meet the capability requirements of the particular tour. 

  1. CONDITIONS
    • Arnhem Land Coastal Camp Pty Ltd agrees to provide the accommodation, tours and services identified, in exchange for the amount specified in the Quote.
    • The price for all products supplied shall be the current price as at the date or day of delivery to the applicant unless written agreement is reached by the Company and the applicant.
    • You acknowledge that Arnhem Land Coastal Camp Pty Ltd will issue invoices for the Works and Items provided and agree to pay within the timeframe and on the terms specified on the invoice.
    • If you have authorised Arnhem Land Coastal Camp Pty Ltd or a third party to deduct funds from your account or credit card and there are insufficient funds or the account has been closed on the date the deduction is due or for some other reason the deduction cannot occur, Arnhem Land Coastal Camp Pty Ltd reserves the right, where it is legally able to do so, to on charge to you any fee charged by Arnhem Land Coastal Camp Pty Ltd.’s financial institution or direct debit provider as a result of the unsuccessful transaction and where applicable, to make multiple attempts to charge your account or credit card.
    • If the applicant defaults on any of the terms of this Agreement, or in the opinion of the Company commits an act of insolvency then the Company may suspend credit facilities without notice and all unpaid accounts become immediately due and payable irrespective of the date of issue.
    • In the event that the invoice or fee instalment (as appropriate) remains unpaid at 7 days from the date the payment was due, Arnhem Land Coastal Camp Pty Ltd reserves the right, in addition to their rights at common law or otherwise, to apply to a debt collection agency to assist with the recovery of the amount AND to accept any further business from you on a cash only basis.
    • Any payment not paid by the due date (30 days prior to booking) will be cancelled and guests 20% deposit will be non-refundable.
    • You agree to pay any costs, expenses and disbursements incurred by Arnhem Land Coastal Camp Pty Ltd in recovering any outstanding money from you, including any debt collection agency and legal costs.
    • Arnhem Land Coastal Camp Pty Ltd may in its absolute discretion, at any time, or from time to time, decline the provision of any Service or Items to you.
  2. DELIVERY

While the Company will make every effort to deliver the goods or perform its obligations by the time and date given by the Company, it will not be held liable for any loss arising because of a delay in performance or delivery. It being understood that times or dates of delivery or performance are business estimates only and not contractual obligations by the Company.

  1. RETENTION OF TITLE
    • Ownership of the goods remains that of the Company. It shall only pass to the applicant once payment is received in full. Prior to this the Company has the right to retrieve any and all goods and deal with and resell them in its absolute discretion. In this respect the applicant authorises the Company to enter any premises or property for the purpose of retrieving such goods. The applicant accepts full responsibility for the goods as and from the date of delivery and indemnifies the Company from any loss that might be sustained after that time.
    • You agree that this retention of title is a security interest within the meaning of the Personal Property Securities Act 2009 (Cth) (“PPSA”).
    • You agree that sections 95, 130, 132 (3) (d), 132 (4), 135 and 143 of the PPSA will have no application to this Agreement and waive your rights under section 157 of the PPSA to receive a notice under that section.
    • You must immediately, if requested by Arnhem Land Coastal Camp Pty Ltd, sign any documents, provide all necessary information and do anything else required by Arnhem Land Coastal Camp Pty Ltd to ensure that the Company’s security interest is a perfect security interest.
  2. GST

If, and to the extent, any supply of goods or services under this Agreement is a taxable supply within the meaning of the GST Law, the price for the goods or services will be increased to include GST payable by Arnhem Land Coastal Camp Pty Ltd in respect of the supply.

  1. INDEMNITY AND RELEASE
    • To the extent permitted by law, you agree to release and hold harmless Arnhem Land Coastal Camp Pty Ltd and the Associated Entities from all liability for any loss or damage (including property damage) howsoever arising from your engagement of Arnhem Land Coastal Camp Pty Ltd.
    • To the extent that the above clause is ineffective, you unconditionally and irrevocably indemnify Arnhem Land Coastal Camp Pty Ltd and the Associated Entities against any and all demands, claims, suits, actions and damages that may be incurred or brought against Arnhem Land Coastal Camp Pty Ltd and the Associated Entities in relation to this Agreement and agree to indemnify Arnhem Land Coastal Camp Pty Ltd for any liabilities losses, costs and expenses which may be brought against, suffered or incurred by Arnhem Land Coastal Camp Pty Ltd and the Associated Entities as a direct or indirect result of any claim in respect of this Agreement.
    • Your obligations under this Agreement are primary obligations and neither Arnhem Land Coastal Camp Pty Ltd nor the Associated Entities are obliged to proceed against or enforce any other right against any person or property or demand payment from any other person before making a demand for payment from you under this Agreement.
  2. VARIATIONS
    • Quotations are provided as a pricing guide only, not a contracted agreement.
    • The parties may vary the Quote by agreement.
    • The parties agree that any variation to the Quote will not be effective unless confirmed by Arnhem Land Coastal Camp Pty Ltd in writing.
  3. CHANGE IN CIRCUMSTANCE

Any change in legal standing or address of the applicant must be conveyed to the Company by written notification within 30 days of the change taking place. All credit facilities approved pursuant to the terms and conditions of the credit application form shall be deemed to continue in the name(s) of the original applicant until a fresh application form is received by the Company’s credit manager. In the interim the original applicant will remain liable for any costs/fees and/or outstanding monies or orders

  1. GUARANTOR
    • In consideration for entering into this Agreement at the request of the Guarantors (for which the Guarantors acknowledge receipt of valuable consideration from Arnhem Land Coastal Camp Pty Ltd), the Guarantors (as testified by their execution of this Agreement):
      • unconditionally and irrevocably guarantee to Arnhem Land Coastal Camp Pty Ltd the due and punctual performance and observance by you of your obligations under this Agreement, including any obligation to pay money; and
      • Unconditionally and irrevocably indemnify Arnhem Land Coastal Camp Pty Ltd against all liability or loss arising from (and any costs, charges or expenses incurred in connection with) a breach or non-payment by you of this Agreement, including a breach of the obligation to pay money and a liquidator disclaiming this Agreement.
    • It is not necessary for Arnhem Land Coastal Camp Pty Ltd to incur expense or make payment before enforcing the right of indemnity contained in this Agreement. The Guarantors waive any rights they have of first requiring Arnhem Land Coastal Camp Pty Ltd to commence proceedings or enforce any other right against you or any other person before claiming under this Agreement.
    • The Guarantors agree to pay or reimburse Arnhem Land Coastal Camp Pty Ltd on demand for all costs, charges, expenses, stamp duty, fees, taxes and any other money expended for enforcing, making or doing anything with respect to this Agreement.
  2. TERMINATION
    • You agree that if you breach any term of this Agreement, without prejudice to any other right or remedy that Arnhem Land Coastal Camp Pty Ltd has at law or under this Agreement, Arnhem Land Coastal Camp Pty Ltd reserves the right to unilaterally terminate this Agreement.
    • If this Agreement is terminated, without limiting any other remedies or rights Arnhem Land Coastal Camp Pty Ltd has at law or under this Agreement, all outstanding monies owed to Arnhem Land Coastal Camp Pty Ltd becomes immediately due and payable.
  3. INTERPRETATION AND GENERAL MATTERS
    • You guarantee and warrant that you have authority to enter into this Agreement.
    • No provision of this Agreement shall be interpreted as to require Arnhem Land Coastal Camp Pty Ltd to advance any sum of money or provide any items at any time.
    • Your obligations as contained in this Agreement are absolute and unconditional. They are not subject to any set-off, counter claims or conditions. Your obligations will not be affected by anything which might abrogate, prejudice or limit them or the effectiveness of this Agreement.
    • A right in favour of Arnhem Land Coastal Camp Pty Ltd or the Associated Entities under this Agreement or a breach of an obligation owed by you can only be waived by an instrument, duly executed by Arnhem Land Coastal Camp Pty Ltd. No other act, omission or delay of Arnhem Land Coastal Camp Pty Ltd or the Associated Entities will constitute a waiver binding against, or estoppel against, either Arnhem Land Coastal Camp Pty Ltd or the Associated Entities.
    • If it is held by a Court of competent jurisdiction that:
      • any part of this Agreement is void, voidable, illegal or unenforceable; or
      • this Agreement would be void, voidable, illegal or unenforceable unless any part of this Agreement was severed from this Agreement;

that part shall be severed from and shall not affect the continued operation of the rest of this Agreement.

  • Any part of this Agreement can be pleaded as a bar to proceedings.
  • This Agreement is governed by and is to be construed in accordance with the laws applicable in the Northern Territory of Australia. The parties irrevocably and unconditionally submit themselves to the nonexclusive jurisdiction of the courts exercising jurisdiction in the Northern Territory of Australia (and any courts which have jurisdiction to hear any appeals from any of those courts).
  • Guests will be asked to sign this Agreement, to confirm that they have read and understood the Agreement herein in its entirety.

Contact Details

Phone: 0403 692 909
Fax: (08) 8932 8028

adventures@arnhemlandcc.com.au

PO Box 3948
Palmerston
Northern Territory 0830