Terms & Conditions
We operate and provide this Website and its related Services subject to the following Terms and Conditions.
These terms and conditions (the Wilka Eco Escapes Terms and Conditions) together with the Pre-Arrival Instructions and Additional House Rules, govern the relationship between Wilka Eco Escapes and any individual using or accessing this website (the Wilka Eco Escapes Website) and any of the content or services available through it as a traveller or potential traveller, and anyone who is not acting in his/her/its capacity as a Landowner (each, a Traveller or You or Your). Travellers include (but are not limited to) people who use the Wilka Eco Escapes Website to access information about a Cabin or Property.
The Wilka Eco Escapes Terms and Conditions constitute a legally binding agreement between Wilka Eco Escapes and You/Your/Traveller. By using or accessing the Wilka Eco Escapes Website, our platforms or systems, or by making a booking with Wilka Eco Escapes, You acknowledge that You agree to and are subject to the Wilka Eco Escapes Terms and Conditions, our Privacy Policy and all applicable laws and that the Website and Services are available for Your use on the express condition that you agree to be bound to these Terms and Conditions. You should read the Terms and Conditions and Privacy Policy carefully before using this Website.
Wilka Eco Escapes reserves the right to amend the Wilka Eco Escapes Terms and Conditions at any time and the use of the Wilka Eco Escapes Website and/or Wilka Eco Escapes Services by You constitutes your agreement to be bound by the Wilka Eco Escapes Terms and Conditions, as amended. We therefore recommend that each time You access the Wilka Eco Escapes Website or use Wilka Eco Escapes Services, You read the Wilka Eco Escapes Terms and Conditions.
Upon making a booking in the United Kingdom (and other location/s where applicable), You become a Member of Wilka Eco Escapes and must adhere to the Wilka Eco Escapes Terms and Conditions.
IT IS AGREED:
1 DEFINITIONS AND INTERPRETATION
1.1 Definitions
In these Terms and Conditions, unless the context otherwise requires, the following words have the following meanings:
Cabin means one of our farm stay accommodation structures offered through the Website.
Claim means any action, claim, proceeding or demand whatsoever, whether presently existing or arising at any time in the future and whether referable to events or circumstances which have already occurred or which may occur in the future.
Intellectual Property means all present and future industrial and intellectual property rights relating to the Website, Services, Materials, and/or us, including, without limitation:
(i) inventions, patents, copyright, trade business, company or domain names, rights in relation to registered designs, registered and unregistered trade marks, know how, trade secrets and the right to have Confidential Information kept confidential, and any and all other rights to intellectual property which may subsist anywhere in the world; and
(ii) any application for or right to apply for registration of any of those rights.
Landowners means the registered proprietor of the land that the Cabin or Property is located on.
Materials means all of the materials displayed on the Website, including (without limitation) all information, text, graphics, names, logos, trade marks, design, software and advertisements.
Privacy Policy Address means Level 2, 627 Chapel Street, South Yarra VIC 3141.
Property means the area of land that our Cabins (as applicable) is situated on.
Services means the services provided by us to You in person and on the Website from time to time, including, but not limited to, luxury farm stay accommodation services.
Website means our website located at http://www.wilka.com.au/.
2 PRIVACY
We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information in accordance with the principles of the Privacy Act 1988 (Cth), the Australian Privacy Principles and (if applicable) General Data Protection Regulation (EU) 2016/679 or the Data Protection Act 2018 (UK) and “UK GDPR” (as defined in the Data Protection, Privacy and Electronic Communications Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations SI 2019/419). You can access our Privacy Policy at the Privacy Policy Address.
3 OUR SERVICES
(a) Wilka Eco Escapes’ Services are provided to adults over the age of eighteen (18) years. By making a booking with Wilka Eco Escapes, You acknowledge that You are over 18 years of age.
(i) All guests under the age of 18 must be accompanied by a responsible adult such as a parent, step-parent, guardian or other adult who parental responsibility and authority over that guest.
(ii) If You are under the age of 18 and are not accompanied by an adult as specified in term 3(a)(i) then Wilka Eco Escapes may at its sole discretion immediately cancel Your booking and the full booking amount will be forfeited and non refundable to Wilka Eco Escapes.
(b) If You find a Cabin or Property in which You are interested, You can make a booking online. Full payment is required at the time of booking. Until such time as payment is made Your booking remains unconfirmed.
(c) All prices are contained in the Fee Sheet which can be accessed on the Wilka Eco Escapes Website and Wilka Eco Escapes reserves the right to amend the Fee Sheet at any time. Prices on the Fee Sheet are listed in Australian Dollars (AUD), New Zealand Dollars (NZD) and British Pounds (GBP) and are inclusive of any local taxes. Wilka Eco Escapes will endeavour to ensure that the Fee Sheet is current.
(d) Once a booking is confirmed, Wilka Eco Escapes undertakes to fulfil the booking at the price listed on the Fee Sheet at the time of the booking. If, for any reason at Wilka Eco Escapes’ discretion, Wilka Eco Escapes requires that the price of the booking be amended, Wilka Eco Escapes will endeavour to provide three (3) months notice to You of the amended price.
(e) Wilka Eco Escapes reserves the right to offer you an alternative Cabin in the event that your selected Cabin is not available. If You decide against the alternate, no refunds will be granted except where there is a difference in the Fee.
(f) Wilka Eco Escapes reserves the right to make a decision regarding transferring your booking to a different Cabin based on extreme weather conditions that could affect safety. This includes but is not limited to: floods, bushfires and extreme heat.
(g) Usually, Wilka Eco Escapes will not charge You a security bond on Your booking. If, following Your stay at the Property and / or Cabin, it is determined that loss or damage has been incurred by the Landowner or Wilka Eco Escapes, Wilka Eco Escapes reserves the right to charge your credit card to cover any additional costs incurred, including but not limited to any breakage, damage or excess cleaning requirements, excess refuse, extra guests beyond those declared, etc. You agree to Wilka Eco Escapes making such charges if Wilka Eco Escapes (in its sole discretion) determines that such charges are payable.
4 TRAVELLER RESPONSIBILITY
(a) Our Cabins are located on rural and often undeveloped areas of land that are often not occupied by the Landowner all year round. As such You acknowledge that You are responsible for Your own safety in and around the Cabin and Property.
(b) You acknowledge that You are aware of the risks entailed in visiting a wilderness environment and You undertake to familiarise Yourself with the specific risks relating to the environment surrounding Your selected Cabin and You undertake to ensure that all persons accompanying You are also aware of such risks.
(c) Extreme weather events can be dangerous especially in rural areas. You acknowledge that You are aware of the danger travelling to and staying at a Cabin.
5 ARRIVAL AT THE CABIN AND PROPERTY
(a) Within 48 hours of Your arrival date, Wilka Eco Escapes will provide You with Pre-Arrival Instructions to the email address provided on the booking form. Additional House Rules will also be provided in your Field Guide.
(b) You agree to follow the Supplied Route and park any Vehicles in the Designated Parking Area (as defined in the Pre-Arrival Instructions). A maximum of two (2) Vehicles are permitted in the Designated Parking Area during any stay.
(c) You must not drive any Vehicles off the Supplied Route, including but not limited to the path up to the Cabin itself as this is not suitable for civilian vehicles. You will be responsible for any loss or damage caused to the Cabin or Property if Your Vehicle/s do not remain on the Supplied Route or Designated Parking Area.
(d) During wet or poor weather, You may be notified of a weather warning. In the event you are notified of a weather warning, You agree to park your Vehicle/s in any alternative nominated Wet Weather Zones. Failure to follow the Pre-Arrival Instructions may result in damage to your Vehicle/s including becoming bogged and / or requiring towing. Any costs associated with failure to adhere to the weather warning will be incurred by You at Your own expense.
6 STAYING IN A CABIN
(a) During your stay, You must remain in the Designated Area provided on the Pre-Arrival Instructions. You are not permitted to approach or enter the Landowner’s Dwelling or any other location outside the Designated Area without permission. In case of an emergency, use the emergency details provided in the Pre-Arrival Instructions and/or Field Guide.
(b) Campfires must be contained within the designated fire-pit and must be kept below knee-height and never left unattended. All fires must be extinguished by midnight and prior to departure.
(c) If there is a fire ban in place, You will be notified via Field Guide and You must adhere to the Fire Ban Notice. Failure to adhere to the Fire Ban Notice will result in immediate eviction from the Cabin and Property. You will be liable for any loss or damage to the Cabin and/or Property resulting from the failure to adhere to a Fire Ban Notice.
(d) You must respect the local wildlife and not approach any animals, domestic or otherwise on the Property.
(e) Any gates opened by You must be closed directly after You. You are responsible for ensuring You do not leave any gates open on the Property. You should be mindful that the Landowner may have livestock or other animals on the Property which may escape if gates are left open. You will be liable for any loss or damage resulting from the failure to close any gates opened by You.
(f) Pets are not permitted in the Cabin or on the Property without prior approval from Wilka Eco Escapes and payment of an additional pet fee.
(g) You are fully liable for any issues that occur to your pets while on the properties, Wilka Eco Escapes is not liable for any issues that occur to pets while on the properties. This includes: baiting on the property, any issues with wildlife including bites and injury.
(h) Noise can be a serious issue in rural communities. Good neighbourly conduct is expected and You must not make excessive noise and play loud music at any time of day or night. All outdoor music and socializing must cease by 10pm and be taken indoors with doors shut so that noise does not travel to the neighbours.
(i) You acknowledge that You are fully liable for any loss or damage You cause to the Cabin or Property. Wilka Eco Escapes reserves the right to deduct charges from Your credit card for any loss or damage incurred.
(j) You agree that only those persons indicated on the booking form will enter the Cabin and Property. Wilka Eco Escapes reserves all rights to evict You from the Cabin and Property if this is not adhered to.
(k) You agree to behave responsibly when using the Cabin and the surrounding area. Parties are not permitted.
(l) Smoking is not permitted inside or within a distance of 10m from the Cabin.
(m) You agree to observe any and all Additional House Rules set forth in the Field Guide and You undertake to ensure that all persons attending the Cabin with you will also abide by these Terms and Conditions and the Additional House Rules.
(n) The Field Guide will contain instructions as to the use of the composting toilet. Failure to follow the instructions relating to the composting toilet, including but not limited to adding non-compostable items to the chamber will result in a Cleaning Fee to be charged to your credit card.
7 DEPARTURE FROM THE CABIN AND PROPERTY
(a) All Vehicles are to promptly depart the Cabin and Property via the Supplied Route.
(b) You agree to leave the Cabin and Property by the Departure Date and allocated time. Wilka Eco Escapes reserves the right to charge You fees for any early arrivals or late departures.
(c) For early departures prior to Your Departure Date, there will be no refund, voucher or rebooking partial or otherwise.
(d) It is Your responsibility to take all rubbish with You when You depart the Cabin and Property. Wilka Eco Escapes reserves the right to charge You any fees associated with the removal of rubbish after your stay.
(e) You agree to leave the Cabin and Property in the same condition as when You arrived, subject to natural wear and tear. Any rubbish, unreasonable mess or damage in or around the cabin will incur an extra cleaning fee.
(f) You agree to notify Wilka Eco Escapes of any damage caused to the Cabin and / or Property incurred during your stay. Wilka Eco Escapes reserves the right to charge You any fees associated with replacement of damaged items.
8 CANCELLATION AND REFUND POLICY
(a) We understand that sometimes things can change. For changes made at least 15 days prior to arrival there is no cancellation fee and guests can choose to either reschedule, receive a gift voucher for the full amount or a refund minus our processing fee.
(b) For changes made 8-15 days prior to arrival, there is a cancellation fee of 50% of the total booking amount.
(c) For cancellations within 8 days prior to arrival there will be no refund, voucher or rebooking - partial or otherwise.
(d) All refunds incur a processing fee of 5% of the total transaction amount.
(e) Wilka Eco Escapes reserves the right to charge an additional fee for any rescheduled bookings including but not limited to emergency or injury where documentation or proofs are supplied.
(f) For bookings made that include a public holiday surcharge or fee, this fee is non refundable if you cancel or reschedule your booking. The normal cancellation policy is void for these bookings and there are no refunds for cancellations or reschedules less than 15 days prior to your stay.
(g) Wilka Eco Escapes may reschedule or transfer Your booking to a cabin in a different location if there is an extreme weather occurrence outlined by the relevant weather bureau for the area. This includes but is not limited to: flooding, bushfires and extreme heat. This change in location will not entitle You to any refund and is subject to the usual cancelation terms as set out in terms 8(a) to 8(e).
9 WARRANTIES AND WILKA ECO ESCAPES' LIABILITY
(a) You acknowledge and understand that:
(i) the use of this Website and Services is entirely at your own risk;
(ii) we assume no duty of care to you or any other party who relies on anything provided for by us through the Website and Services;
(iii) we rely on all warranties and undertakings provided by you under these Terms and Conditions; and
(iv) 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 and/or Services.
(b) To the extent permitted by law, Wilka Eco Escapes 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:
(i) any act or omission of a Landowner or third party;
(ii) Your use and access of the Wilka Eco Escapes Website;
(iii) Your acquisition or use of Wilka Eco Escapes’ Services, or that of any Gift Recipient or transferee;
(iv) any errors or inaccuracies in the information in respect of Wilka Eco Escapes’ Services;
(v) delays to, interruptions of or cessation of transmission to or from the Wilka Eco Escapes Website.
(c) To the extent Wilka Eco Escapes is held liable in connection with these Terms, then Wilka Eco Escapes’ cumulative liability will be limited to:
(i) The replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
(ii) The repair of such goods or services.
(iii) The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services, not to exceed the amount in term 4.3(b).
(iv) The payment of the cost of having the goods repaired or the services performed again, not to exceed the amount in term 9(g).
(d) Nothing in the Wilka Eco Escapes Terms and Conditions 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.
(e) We do not make any warranties or guarantees regarding Wilka Eco Escapes’ Services including without limitation, any guarantee that Wilka Eco Escapes’ Services are a particular quality or standard, and are defect free. You may be entitled to certain guarantees under the Australian Consumer Law.
(f) We do not warrant, guarantee or make any representation that the Wilka Eco Escapes Website, or the server that makes the site available on the World Wide Web are free of software viruses, free from errors, or that the Wilka Eco Escapes Website will operate uninterrupted.
(g) Our cumulative liability to you will not exceed the higher of $100 or the invoiced amount for the relevant product(s) or services.
(h) This Website is provided "as is" and we specifically exclude all warranties of any kind to the fullest extent permissible by law. We do not guarantee, the accuracy or completeness of the Website, or any information or content on the Website, or that the Website are free of defects or viruses and we accept no responsibility for viruses and defects.
(i) While we use reasonable endeavours as to avoid any disruption or downtime to the Website and/or Services, from time to time, there may be disruption to the Website and/or Services, in order to upgrade or maintain them, or for other circumstances beyond our control. Should there be any interruption to the availability of the Website and/or Services, we will use its reasonable endeavours to minimise that interruption.
10 INDEMNITY
(a) You agree to indemnify and hold harmless Wilka Eco Escapes, its related body corporates, its current and former officers, employees, licensors, contractors, sub-contractors, consultants (including their respective employee and contractors), agents and the Landowner against all Claims by third parties brought against Wilka Eco Escapesthem arising out of or in connection with:
(i) any material or content You provide to Wilka Eco Escapes through the Wilka Eco Escapes Website;
(ii) Your use of any content on the Wilka Eco Escapes Website including but not limited to the Services;
(iii) Your entry to and stay at the Cabin and Property; and
(iv) any breach of the Wilka Eco Escapes Terms and Conditions, the Privacy Policy or any applicable laws.
11 OWNERSHIP, LICENCES AND SITE ACCESS
(a) You acknowledge that:
(i) all rights, title and interest in the Intellectual Property, anywhere in the world, belong to us or our licensors;
(ii) all rights in relation to the Intellectual Property are licensed (not sold) to you;
(iii) you hold no proprietary rights, title or interest in the Intellectual Property, other than the right to use such property in accordance with these Terms and Conditions; and
(iv) nothing contained in these Terms and Conditions shall be construed as an assignment or transfer of the Intellectual Property to you.
(b) We grant you a limited, royalty-free, non-exclusive, non-transferrable, non-sublicensable, revocable, licence to use the Intellectual Property to access the Website and Services for personal and non-commercial purposes only. You acknowledge and understand that you are solely responsible for your use of the Intellectual Property, Website and Services in this regard (including any other party’s use of your account).
(c) You undertake and agree that you will not (and will not allow any person using your account to), without our prior written consent:
(i) rent, lease, sublicence, loan, sell or use for commercial purposes, the Intellectual Property, Website and/or Services;
(ii) modify, adapt, translate, reverse-engineer, decompile, disassemble, or make derivative uses of, the Intellectual Property, Website and/or Services;
(iii) copy, imitate, mirror, reproduce, distribute, disseminate, publish, download, display, perform, post or transmit any Intellectual Property in any form or by any means;
(iv) use the Intellectual Property, Website and/or Services in a way that may (or does) damage, disable, overburden, interfere with, or adversely affect the functionality of the Intellectual Property, Website and/or Services;
(v) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Website, or collect any information from the Website or Services;
(vi) use the Intellectual Property, Website and/or Services in a way that may (or does) bring our business, the Website or Services into disrepute;
(vii) use the Intellectual Property unlawfully, in an inappropriate way or in a manner inconsistent with these Terms and Conditions;
(viii) infringe our rights (or the rights of any third parties) in relation to the Intellectual Property;
(ix) bypass or avoid our security features or measures which have been implemented on the Website or in connection with the Services (or attempt to do the same); and
(x) apply to register, or challenge the validity of, the Intellectual Property.
12 HYPERLINKS
Linking to our Website is prohibited (without our express written consent). Links on our Website may direct you to third party websites, which are subject to their own terms and conditions. Your use of those websites is solely at your own risk and expense, and we accept absolutely no responsibility and make no claims, representations or warranties with regards to the use, quality, content, nature or reliability of any third-party websites.
13 YOUR ACCOUNT
(a) If you use this Website, you may be required to set up an account and/or password(s).
(b) You are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
(c) We reserve the right to refuse service, terminate or suspend accounts, remove or edit content in our sole discretion.
(d) If you register on the Website, you agree that any information you provide to us will be current, accurate and complete.
(e) We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to the unauthorised use of your account and/or password either with or without your knowledge.
(f) You agree to notify us immediately of any unauthorised use of your account and/or password(s), or other breach of security.
(g) If your account is terminated, removed, suspended or cancelled, you (and/or any person using your account) will be prohibited from creating a new account.
14 PAYMENTS
(a) You may purchase the Services from us for the fee indicated on the Website or as otherwise specified by us at the time of purchase (which is exclusive of GST).
(b) You may make payment for the Services through the accepted payment methods specified by us on our Website by us from time to time.
(c) By paying for the Services through the payment methods specified above, you acknowledge and accept that You will be charged by us (and you authorise us to charge You) for the Services that You have agreed to purchase.
(d) We will notify You by email as soon as any payment has been successfully processed and received by us. If any payment is not successfully processed, You will receive a notification from us, and You will need to contact us to resolve the issue. We will not attempt to charge You again until the issue has been resolved.
(e) If You believe that You were incorrectly charged, please contact us immediately, and we will attempt to rectify the error as soon as reasonably practicable.
(f) You also agree that You will be responsible for any fees or charges that are incurred whilst processing Your payment, including but not limited to, credit or debit card transaction processing fees, merchant settlement fees and other similar fees.
(g) You warrant that You will have sufficient funds available for us to process payments.
(h) We will only store and hold Your payment credentials (if applicable) in accordance with our Privacy Policy.
15 PROMO CODES
(a) We may offer You promotional codes (Promo Code) for the purposes of reducing the purchase price of certain Services, or bonus or free additional Services, subject in all respects to the specific terms and conditions associated with that Promo Code, which may be prescribed by us from time to time.
(b) Unless otherwise specified in the terms of a Promo Code, where we have multiple Promo Codes which are active at the same time, You may only apply one Promo Code to each order.
(c) We reserve the right to cancel, modify, deactivate or refuse the use of the Promo Code, at any time, for any reason and without providing notice to You.
(d) We make no representations that a Promo Code will work at the time of Your purchase.
16 MATTER YOU MAY SUBMIT TO US
(a) From time to time, the Website may make available newsfeeds, bulletin boards, online chat facilities, comment areas, billboards, forums, groups, postings sections and other similar communications facilities (Website Content Facilities).
(b) You acknowledge and understand that:
(i) any words, images, videos, sounds, music, posts, notes, messages, ideas, suggestions, or other material of any kind which You submit to us while accessing the Website, the Website Content Facilities or the Services (Website Content), must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any misleading, deceiving, fraudulent, profanity, obscene, indecent, vulgar, pornographic, defamatory, offensive or unlawful material;
(ii) any Website Content must not be self-promotional, must not contain spam or unwanted commercial content intended to drive traffic to third party websites and must not include unlawful acts such as phishing or spoofing;
(iii) any Website Content must not include, malware, worms or viruses or other harmful, disruptive or destructive files or code, script or other software;
(iv) You grant us an unlimited, non-exclusive, transferrable, worldwide, sublicensable, perpetual, irrevocable, royalty-free licence to use, copy, modify, transmit, sell, create derivative works from, distribute, in whole or in part, at any time, and in any manner, for any commercial and/or non-commercial purpose whatsoever, the Website Content;
(v) we are free to use any ideas, concepts, know-how, or techniques relating to the Website Content for any commercial and/or non-commercial purposes;
(vi) we have no obligation to monitor the Website Content Facilities or the Website Content (nor are we responsible for the form of the Website Content);
(vii) we reserve the right, at all times, and in our sole and absolute discretion, to edit, refuse to post or to remove any information or materials, in whole or in part relating to the Website Content or the Website Content Facilities, or to disclose any information deemed by us necessary to satisfy any applicable law, regulation, legal process or governmental request;
(viii) communications to or with the Website Content Facilities are not private communications, therefore others may read Your communications without Your knowledge. You should always use caution when providing any personal information about Yourself or Your children;
(ix) we do not control or endorse the Website Content, and we specifically disclaim any liability with regard to same (together with any actions resulting from Your engagement with the Website Content Facilities);
(x) the moderators, forum managers or hosts of the Website Content Facilities (if any), are not authorised company spokespersons, and their views do not necessarily reflect our views; and
(xi) any communication or material You transmit to the Website by electronic mail or otherwise, including any data, questions, comments and suggestions, are and will be treated as, non-confidential and non-proprietary, except where otherwise stated in the Privacy Policy.
(c) You warrant and represent that:
(i) You hold all rights, title and interest in the Website Content;
(ii) You have the right to make the Website Content available on the Website Content Facilities;
(iii) Your submission of the Website Content to us does not (and will not) violate or infringe the rights of any third-parties; and
(iv) our use of the Website Content:
(A) does not violate these Terms and Conditions; and
(B) will not violate or infringe the rights of any third-parties.
17 ELECTRONIC COMMUNICATIONS
From time to time, we may offer a newsletter or service information updates. By accepting these Terms and Conditions, You consent to us using Your email address to send You our newsletters or product or service information updates (as applicable). We may also use Your email address to send updates to You, from time to time, about changes to the Services. If requested by You, we will remove you from our mailing list in accordance with the Privacy Policy.
18 TERMINATION
We may terminate these Terms and Conditions, and block or prevent future access to (and the use of) this Website and the Services, at any time, for any reason. You may terminate these Terms and Conditions at any time, for any reason, by notifying us in writing. Upon termination of these Terms and Conditions, the licences granted by us to You in relation to our property (including the Intellectual Property) shall be automatically and irrevocably revoked, and You shall immediately cease in using that property (and immediately return copies of the same to us).
19 REPRESENTATIONS AND INDUCEMENTS
You acknowledge and agree that:
(a) we have not made any representations or inducements in respect of the Website or the Services; and
(b) an individual’s outcomes with respect to the Services vary.
20 DISPUTES
In the event of any dispute under these Terms and Conditions:
(a) You will notify us of the complaint using the contact details provided in these Terms and Conditions;
(b) we will review Your complaint and request any further information that we may require;
(c) You and we will both negotiate in good faith to resolve the dispute; and
(d) You agree to fully cooperate (in a timely manner) with all requests that we may make in the resolution process.
21 WAIVER
If we fail to insist that You perform any of Your obligations under these Terms and Conditions, or if we do not enforce our rights against You, or if we delay in doing so, that will not mean that we have waived our rights against You and will not mean that You do not have to comply with those obligations. If we do waive a default by You, we will only do so in writing, and that will not mean that we will automatically waive any later default by You.
22 EVENTS OUTSIDE OUT CONTROL
(a) We will not be liable or responsible for any delay in or failure to comply with these Terms and Conditions if such delay or failure is caused by circumstances beyond that party's reasonable control, including (without limitation), government restrictions, virus, pandemic, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes, any act of war or terrorism, or the failure of public or private telecommunications networks (Event Outside Our Control).
(b) If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms and Conditions, our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control, and we will use our reasonable endeavours to find a solution by which our obligations under these Terms and Conditions may be performed despite the Event Outside Our Control.
23 CANCELLATIONS RELATING TO GOVERNMENT IMPLIED HEALTH AND TRAVEL RESTRICTIONS:
24 WE UNDERSTAND THE DIFFICULTIES REGARDING COVID-19 AND THE POTENTIAL IMPACTS TO TRAVEL. WE OFFER FLEXIBLE BOOKING ARRANGEMENTS FOR THOSE IMPACTED BY COVID-19 AND WILL USE OUR BEST EFFORTS TO ALLOW FOR CHANGES TO BOOKING DATES OR 12-MONTH CREDIT NOTES WHERE ADEQUATE SUPPORTING EVIDENCE IS PROVIDED AND WHERE WE AGREE THAT YOU ARE NOT ABLE TO BE PROVIDED WITH THE REQUESTED/BOOKED SERVICES. SUCH CIRCUMSTANCES INCLUDE WHERE TRAVEL RESTRICTIONS OR GOVERNMENT DIRECTIONS IMPOSED BY STATE OR COMMONWEALTH GOVERNMENTS IMPACT YOUR ABILITY TO TRAVEL TO THE CABIN OR RESULT IN WILKA ECO ESCAPES BEING UNABLE TO ACCEPT YOU AS A GUEST AND PROVIDE YOU WITH THE REQUESTED/BOOKED SERVICES.ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between You and us with respect to this Website and the Services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website and the Services.
25 ASSIGNMENT
We may transfer our rights and obligations under these Terms and Conditions to another party at our discretion, without notice to You. You may only transfer your rights or obligations under these Terms and Conditions to another party if we agree in writing.
26 GOVERNING LAW
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Victoria. You submit to the non-exclusive jurisdiction of the state and federal courts located in Victoria for the resolution of any disputes.
THE PERFECT GIFT.
A Wilka gift voucher for the ones you love to escape into nature is an ace way to show you care and let's face it, the benefits far outweigh anything you can box and bow. So consider gifting a moment to pause and to reset the senses with a relaxing weekend (or week) away with Wilka Eco Escapes.