Yangaro Resort

2.           CHECK IN AND CHECK OUT

2.1.    Accommodation bookings are made and calculated based on Yangaro’s standardcheck-in and check- out times. Unless otherwise agreed by Yangaro:

              2.1.1.     check-in time is no earlier than 3pm, no later than 6pm;

  2.1.2.     check-out time is no later than 10am

2.2.        Additional accommodation charges apply in the following instances:

 2.2.1.   check-in that is requested to be earlier than 3pm (subject to availability) – the additional charge will be discussed with you when the request is made; and

 2.2.2.     check-out that is later than 10:30am may be charged at $100 (inc GST) per hour thereafter. Late check-out requests are subject to availability of the accommodation.

3.        YOUR STAY AT YANGARO

3.1.     All guests that are part of your booking must be listed by name to Yangaro staff at least 24 hours prior to your stay. 

3.2.   Yangaro is part of a private gated community.  Accordingly, it is very important that only guests approved by Yangaro are permitted to enter Yangaro’s property during your stay. Any additional people who would like to visit Yangaro’s property must have prior approval from Yangaro. 

3.3.    During your stay at Yangaro, you are permitted to only access the villa(s) or event space that your group has booked.  You must not under any circumstances enter into any villas, event spaces or buildings in the private gated community that are not part of your group’s booking.

3.4. Each villa at Yangaro has a specific maximum occupancy of bookings which must not be exceeded

3.5.    During your stay at Yangaro, it is important that you respect the right for guests in other villas to peace and quiet enjoyment of their villa. For that reason, we request you avoid generative excessive noise and that you do not engage in disruptive behavior.     
3.6.      Under no circumstances are fireworks permitted on the property

3.7.    Clauses 3.1 to 3.6 are key terms of this contract.  Failure to comply with those clauses may result, amongst other things, in:

3.7.1. immediate cancellation of your stay at Yangaro without refund;

3.7.2. a demand for you to vacate; and/or

3.7.3. potential prosecution.

3.8. Children must be supervised at all times and must not enter any prohibited areas, including but not limited to the Clubhouse.

4. TREATMENT OF PROPERTY

4.1. Any damage done to, or theft of, Yangaro property or property within the gated community caused by you or your guests must be remedied at your cost.

4.2. You must not install any pop ups, marquees or event furniture without the prior written consent of Yangaro. 

4.3. The lawns, gardens and facilities of Yangaro and the gated community are of a high standard. You must not take any vehicles onto the lawns or gardens at any time.  In accordance with clause 4.1, any damage to the lawns, gardens or facilities caused by you or your fellow guest must be remedied at your cost.

4.4.   After your stay, Yangaro will conduct an inspection of your accommodation or event space. Provided that it is in a condition reasonably similar to when your usage commenced, the Damage Bond will be released and paid to you within 3 to 5 business days.  However, in the event of any:

4.4.1. breakages, damages or loss to Yangaro’s property or to the property within the gated community, we will notify you of the reasonable estimate of the cost to remedy and seek to recover this amount from you; or

4.4.2.   excessive cleaning, stain removal and/or rubbish removal being required, professional services will be engaged and charged to you.

4.5. You consent for the Damage Bond to be applied toward coverage of any such claim by Yangaro, and you acknowledge that if the Damage Bond is insufficient to cover the claim, that you agree to indemnify Yangaro for the shortfall amount.

5. YOUR RESPONSIBILITY

5.1 You must read through the terms and conditions of this Agreement thoroughly. You will be held accountable for the clauses being followed and communicated to your fellow guests. You will be liable for all costs associated with any breach of any clause, which may equate to significant amounts due to loss of income to Yangaro if the property becomes unusable until all damage is rectified.

5.2. You warrant that you have the power to enter into this Agreement and that you have obtained all necessary authorizations from your fellow guests to allow you to do so on their behalf. You also warrant that you are not insolvent and that this Agreement creates binding and valid legal obligations on you.

6. CANCELLATION

6.1. Yangaro reserves the right to cancel any stay to use its facilities if you fail to adhere to the terms and conditions outlined in this document or if the premises become unusable due to circumstances outside of the reasonable control of Yangaro.  Any refund of payments previously made to Yangaro will occur within 30 days of written confirmation.

6.2. In the event that you cancel your booking reservation, you must provide written confirmation of such. You will be liable for the following cancellation fees:

6.2.1. free cancellation until 180 days before check-in; or

6.2.2. if you cancel between 8 days up to 179 days before check-in, we will transfer your Initial Fee Deposit to another date within a 1 year timeframe of your check-in (subject to availability) – however only one cancellation ‘transfer of date’ is permitted per booking; or

6.2.3. if you cancel less than 8 days before your check-in, you will forfeit your Initial Fee Deposit.

6.3. In the event that your stay is disrupted due to temporary government travel restrictions, Yangaro will evaluate the circumstances on a case-by-case basis to determine whether refunds will be offered.

7. RISK TO PROPERTY AND POSSESSIONS

7.1. Whilst Yangaro will take care when looking after your items, no responsibility is taken by Yangaro for any loss or damage to those items either before or after your stay. Unless prior arrangements have been made, Yangaro reserves the right to discard any items left at our venue after 7 days following the end of your stay.

7.2. Irrespective of whether Yangaro retains ownership of any goods supplied, all risk for usage of such goods passes to you as soon as your stay commences and remains with you until such time as your stay is concluded.

7.3. Yangaro reserves its right to seek compensation or damages for any damage, destruction, loss suffered or theft in relation to the goods as a result of the Client's (or any of their guest's) negligence.

8. LIMITATION OF LIABILITY

8.1. You will indemnify, and keep indemnified, Yangaro, its staff, contractors or agents, against all damages, action, suits, claims, costs and demands, which may be made or recovered against    Yangaro, its staff, contractors or agents by you (and/or your staff, guests, contractors or agents) or any third party, whatsoever in respect of any loss, injury (including death) or damage sustained whilst in or upon the venue, except to the extent that such loss, injury or damage is caused by the negligence or misconduct of Yangaro, its staff, contractors or agents.

8.2. You will indemnify, and keep indemnified, Yangaro, its staff, contractors or agents, against all damages, action, suits, claims, costs and demands, which may be made or recovered against Yangaro, its staff, contractors or agents by you (and/or your staff, guests, contractors or agents) or any third party,                    whatsoever in respect of any noise complaint during the function or whilst in occupation of the residency.

8.3. Yangaro shall be under no liability whatsoever to you for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by you arising out of a breach by Yangaro of these terms and conditions (alternatively Yangaro’s liability shall be limited to damages which under no circumstances shall exceed the Fee).

8.4. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

9. PRIVACY

9.1. You acknowledge and agree that Yangaro may make any application to any relevant credit reporting agency as deemed necessary during consideration of whether to accept a high-value booking at Yangaro.

9.2. For security reasons, CCTV monitoring and recording is active in some outdoor areas at Yangaro, in accordance with applicable laws.

10. GENERAL

10.1. The failure by Yangaro to enforce any provision of this Agreement shall not be treated as a waiver of that provision, nor shall it affect Yangaro’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

10.2. You are not entitled to set off against, or deduct from the Fee, any sums owed or claimed to be owed to you by Yangaro nor to withhold payment of any invoice because part of that invoice is in dispute.

10.3. Yangaro may license or sub-contract all or any part of its rights and obligations without your consent.

10.4. The terms of this contract are final. Should the parties wish to amend these terms and conditions, each party must agree in writing whilst acting reasonably.

10.5. This Agreement is governed by the laws of Queensland, the state in which Yangaro has its principal place of business.