Terms and Conditions
Wow Tents Pty Ltd
Contract Terms and Conditions of Hire — ABN 86 623 849
1. Definitions
1.1 In these Contract Terms and Conditions of Hire, words and expressions shall have their ordinary meaning unless otherwise defined within these Terms.
• Agreement (The Agreement) means these Contract Terms and Conditions of Hire.
• Booking Form means the form issued by the Owner to the Client containing details of the Equipment, Period of Hire and Hire Charge.
• Client (The Client) is the person entering into a rental agreement with the Owner and who is Principal to all obligations under this Agreement.
• Equipment is all physical items included but not limited to: tent(s), Mattress Pack, Coir Door Mat, Floor Matting or Rugs, beds, Lanterns, LED Fairy Lights, Clothes Rack, Mirrors, Tables and any other Furniture, Bedding Pack (optional) including Bedding (Pillows, Duvets and Blankets), and any accessories included in the rental contract.
• Hire Charge means the amount payable by the Client to the Owner as specified in the Booking Form. All Hire Charges, including additional Equipment requests, must be paid in full at the time of booking.
• Owner (The) is Wow Tents Pty Ltd, ABN 86 623 849, and/or their subcontractors or agents.
• Period of Hire means the period for which any Equipment is required, as identified in the Booking Form, to be ready and available for use.
• Site means the physical location at which the Equipment is set up and/or the event takes place, being either the event site or the Glenworth Valley site, as specified in the Booking Form.
2. Booking Confirmation
2.1 No verbal representations or arrangements are recognised by The Owner.
2.2 A booking is only valid once The Client is in receipt of a Booking Form and this Agreement from the Owner. The Owner will provide a Booking Form and Agreement subject to availability and upon full receipt of the Hire Charge.
2.3 Unless clearly stated on the booking confirmation, no Wow Tents booking includes entry to any event or event tickets.
3. Acceptance of the Equipment
3.1 The Client shall satisfy themselves that the Equipment as supplied by The Owner corresponds to the Booking and Agreement and is in working order. Any part of the Equipment found to be faulty must be notified to The Owner within one day of receiving the Equipment. Failure to do so will render The Client responsible for the total payment of the hire.
4. The Accommodation
4.1 Check-in times will be arranged at the time of hire.
4.2 Check-out must be no later than 11am on the departure date or as arranged in advance with The Owner.
4.3 No refunds will be given for earlier check-out.
4.4 The Client accepts full responsibility for all Equipment.
4.5 Charges for children may apply regardless of whether the booker arranges mattresses and bedding. All children must be registered on the booking confirmation.
4.6 At the Glenworth Valley site, check-in and check-out times may vary from the times above due to site access, weather and shared-site scheduling, and will be confirmed with The Client in advance.
5. Client's Responsibility
5.1 The Client must accept full responsibility for all Equipment and accessories provided.
5.2 The Client shall keep the Equipment in good condition and not subject it to misuse or wear and tear beyond that consistent with normal and reasonable use, maintaining manufacturers' recommendations where applicable.
5.3 The Equipment must not be altered, modified or adjusted without The Owner's prior consent.
5.4 The Client is responsible for reading and adhering to the safety and operating instructions for the hire Equipment/accommodation. If any instructions are not understood, The Client agrees not to use the Equipment until they have a full understanding of how to safely operate it.
5.5 The Client must be aware that any injury or damage caused by disregarding safety guidelines is entirely the fault of The Client.
5.6 The Client must not use cooking or other gas appliances of any kind inside the tent.
5.7 The Client must not use naked flames beyond what is provided by Wow Tents. Due care and attention must be observed at all times.
5.8 The Client should adhere to noise level expectations regarding music/sound systems: no loud music between 2am and 10am. If asked to lower sound levels and The Client does not comply, The Owner reserves the right to remove sound systems and return them at check-out.
5.9 The Client must respect the privacy of other guests of Wow Tents.
5.10 The Client should only bring food and drinks for their own consumption; casual vending is not permitted. No glass is permitted on site.
5.11 The Client must be aware that goods other than Wow Tents products will not be accepted as a replacement under any circumstances.
5.12 It is the responsibility of The Client to take all reasonable steps to avoid injury.
5.13 Power — phones and cameras may be charged at the Client's own risk. Charging of e-cigarettes is prohibited.
5.14 The Glenworth Valley site is a bush/outdoor setting with uneven, natural terrain, unsealed access roads and limited or no lighting after dark. The Client must wear appropriate footwear, use a torch after dark, and take extra care when moving around the site, particularly with children.
5.15 The Client must comply with all NSW Rural Fire Service restrictions, including Total Fire Ban days. On a Total Fire Ban day, all candles, fire pits, gas appliances and naked flames of any kind are strictly prohibited at the Glenworth Valley site, regardless of clause 5.6 and 5.7 allowances. The Owner will notify The Client if a Total Fire Ban affects their booking.
5.16 The Client acknowledges the Glenworth Valley site is a natural bushland environment and may be home to native wildlife, including snakes, spiders and ticks. The Client should keep tents zipped closed when not in use, supervise children and pets at all times, and seek medical attention promptly for any bite or sting.
5.17 Mobile phone reception and power supply at the Glenworth Valley site may be limited or intermittent due to its rural location. The Owner is not responsible for loss of connectivity or power outages beyond its reasonable control (see clause 12).
5.18 Vehicle access at the Glenworth Valley site may be restricted to designated tracks and parking areas, particularly after rain. The Client must follow all on-site directions from The Owner or its agents regarding vehicle movement and parking.
6. Payment
6.1 All payments must be made in advance of the event.
6.2 All payments must be made in accordance with the terms stated on The Owner's Booking Form or these Terms. Failure to remit payment in advance of the rental term will result in termination of this Agreement.
7. Loss or Damage to Owner's Equipment
7.1 The Client shall, during the Period of Hire, be responsible for the maintenance and safe custody of the Owner's Equipment.
7.2 The Client shall be responsible for any damage or loss caused to The Owner's Equipment by their acts and omissions, regardless of culpability.
7.3 The Client agrees to pay, upon request by The Owner, all costs incurred by The Owner in rectifying the condition of Equipment returned damaged, unclean or incomplete.
8. Loss and Damage to Client's Property
8.1 All of the Client's possessions are the sole responsibility of the Client.
8.2 The Owner does not take responsibility for any loss or theft that may occur before, during or after the event.
8.3 The Owner will not refund or reimburse the sum of any loss or theft to the Client.
9. Liability to Third Parties
9.1 The Owner will not be responsible for, and The Client will indemnify The Owner against, all claims for injury to persons or loss or damage to property, except to the extent such liability cannot be excluded under the Australian Consumer Law.
9.2 The Client expressly acknowledges that The Owner is not the original manufacturer or supplier of the Equipment. Nothing in this clause excludes any liability that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.
10. Confidentiality
10.1 The Owner will hold the Client's data securely and will not pass their personal information on to any third party unless required to do so under Australian law, including the Privacy Act 1988 (Cth).
11. Cancellation of Fully Paid Bookings
11.1 The Client must be aware that for cancellation notices received less than 14 days before the event date, refunds will not be available unless otherwise agreed with Wow Tents.
11.2 Wow Tents will provide a full refund, minus the booking fee, for cancellations received 14 or more days before the event.
12. Events Outside Our Control
12.1 We will not be liable for any failure to perform, or delay in performance of, any of Our obligations under these Terms caused by an Event Outside Our Control, except to the extent such liability cannot be excluded under the Australian Consumer Law.
12.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
12.3 At the Glenworth Valley site specifically, an Event Outside Our Control also includes NSW Rural Fire Service Total Fire Bans, park or road closures affecting site access, and extreme weather warnings issued for the Central Coast/Glenworth Valley area. [NEW – Glenworth Valley]
12.4 If an Event Outside Our Control affects the performance of Our obligations under these Terms:
12.4.1 We will contact you as soon as reasonably possible to notify you; and
12.4.2 Our obligations under these Terms will be suspended. Where the Event Outside Our Control affects Our provision of services, We will, if practical, resume services as soon as reasonably possible after the event is over.
12.5 Bookings affected by an Event Outside Our Control may be transferred to a later date, subject to availability.
13. Force Majeure
13.1 While every effort will be made by The Owner to carry out any order accepted, its full performance is subject to variation or cancellation without refund by The Owner as a consequence of Act of God, epidemic, pandemic, war, strikes, riots, lockouts or any other disturbance; fire, flood, storm, gale and tempest; restrictions on the use of transport, fuel or power; requisitioning or storage of material or transport; or any other cause beyond the control of The Owner.
14. Governing Law
14.1 This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of New South Wales.