PRIVATE HIRE Terms & Conditions

Private Hire Booking Terms and Conditions are made in respect of the Property appear below. 

The Website is operated by Highclere Farm Yass Pty Ltd ABN 26 639 765 914 (Highclere Farm). Access to and use of the Website, or any of its associated Products or Services, is provided by Highclere Farm (Website Services). Please read these terms and conditions (Private Hire Terms) carefully. 

Highclere Farm reserves the right to review and change any of the Private Hire Booking Terms by updating this page at its sole discretion. When Highclere Farm updates the Private Hire Terms, it will use reasonable endeavours to provide you with notice of updates to the Private Hire Booking Terms. Any changes to these Terms take immediate effect from the date of their publication. 

1. DEFINITIONS

a. Client or You means the person(s) responsible for the Private Hire Booking being the person(s) with the full contact details nominated in writing via email to info@highclerefarm.com.au.

b. Event means any gatherings, celebrations, parties, or large social activities beyond the number of Guests or Visitors nominated in the Private Hire Booking.

c. Force Majeure means any cause or circumstance beyond Highclere’s reasonable control, including but not limited to, any strike, lock out, Labor dispute, fire, flood, acts of God or public enemy, power outage caused directly or indirectly by any fault or failure of electricity supply, water outage, damage caused by storms, malicious or accidental damage, pandemic, breakdown in machinery or restrictions or prohibitions by any government or any semi government authority.

d. Guests means the persons including the Client who stay overnight onsite in the mansion homestead at the Property during the Private Hire Booking Date (maximum number of twenty (20) persons).

e. Highclere or Highclere Farm or We/Us means Highclere Farm Yass Pty Ltd ABN 26 639 765 914.

f. Private Hire Booking means the agreement between Highclere and the Client for the exclusive use of the mansion homestead accommodation at the Property on the Private Hire Booking Date which is made in writing via email to info@highclerefarm.com.au and when a Deposit is paid as part of the Total Private Hire Cost in accordance with these Terms & Conditions (Contract).

g. Private Hire Booking Date is the date, period or any other date agreed upon by You and Us specified in the Private Hire Booking.

h. Property means the mansion homestead and land at Highclere Farm, 1380 Cooks Hill Road, Bango NSW 2582 and all its fixtures, fittings and equipment.

i. Stay means your Private Hire for exclusive use of the mansion homestead accommodation at the Property, explicitly excluding any Event unless otherwise agreed in writing by email at Highclere’s absolute discretion.

j. Total Private Hire Cost means the total cost of the Stay excluding services provided by any third parties engaged by You and approved by Us as specified in the Private Hire Booking. This also excludes the Security Deposit.

k. Visitor(s) means a person the Client invites to the Propertyduring the Stay however who is not permitted to stay at the Property and which is to be agreed in writing at the time of the Private Hire Booking.

2. PROVISION OF SERVICES

a. Subject to the Terms and Conditions and Contract, Highclere grants to You a license and authority to use the mansion homestead at the Property on the Private Hire Booking Date for the purpose of the Stay.

b. These Terms and Conditions do not create a tenancy or any other relationship between You and Us, other than that of licensee and licensor.

3. NUMBER OF GUESTS & VISITORS

a. The number of Guests during your Stay must not exceed the total number in the Private Hire Booking, which shall not exceed twenty (20) persons. 

b. Additional Visitors may be permitted on the Property with the prior written confirmation at the time of your Private Hire Booking at Highclere’s absolute discretion. 

c. Highclere reserves its right to remove any persons exceeding the total number booked.

4. PAYMENT & PRIVATE HIRE BOOKING

a. In order to secure your Private Hire Booking, a Deposit equal to 50% of the Total Private Hire Cost for your Stay is required. The remaining Final Payment is due and payable fourteen (14) days prior to Check In. We will also require a Security Bond due and payable fourteen (14) days prior to Check and which will be subject to our Cancellation terms or a Termination Event.

b. You must ensure any Payment is made within the specified time limits for the Private Hire Booking Date. We reserve our right to cancel your Private Hire Booking if any Payment or Security Bond is not received at the specified times, without notice or Highclere’s liability to You.

c. Deposit: The Private Hire Booking is confirmed once We have received the Deposit transfer from you and We have confirmed receipt in writing by email to You. Until that time the Private Hire Booking Date is tentatively held:

1. Any Private Hire Booking Date will terminate, and no obligations will be owed by either party, unless the Private Hire Booking is confirmed. 
2. Payment of the Deposit constitutes the Client’s acceptance of these Terms and Conditions. 

d. Final Payment: A tax invoice will be sent by email to You from Us for the balance of the Total Private Hire Cost less the Deposit paid together with the Security Deposit: 

1. Highclere must receive payment of this invoice in full, 14 days prior to your Private Hire Booking Date. This payment is strictly non - refundable. 
2. If the amount specified in this invoice is not received in full 14 days before your Private     Hire Booking Date, your Private Hire Booking will expire, your Private Hire Booking Date will be available to be booked by others and you will forfeit your Deposit.

e. All prices are net of any bank or other transaction charges and shall be inclusive of GST.

f. A 1.65% credit card fee applies to all credit card transactions. Payment direct into our bank account specified in the Private Hire Booking does not attract an additional fee.

g. All rates are quoted in Australian dollars (AU $) and are subject to change at any time. Any changes to rates made after Private Hire Booking will not affect your Private Hire Booking and any verbal quote given is an estimate only.

5. CANCELLATION OR VARIATION

a. If you cancel your Private Hire Booking after the Deposit has been received by Highclere, The Private Hire Booking Date will expire and your dates will be able to be booked by others. 

b. Although We will try to accommodate changes, any agreement to a change of Private Hire Booking or Private Hire Booking Date is subject to Highclere’s absolute discretion and must be confirmed by Us in writing by email.

c. If You wish to vary or cancel the Private Hire Booking, please contact Highclere immediately via email info@highclerefarm.com.au. 

d. Cancellation of the Private Hire Booking made by You: 

1. Cancellations to bookings must be made at least sixty (60) days prior to check-in date for refund of payments to date. 
2. Bookings that are cancelled between sixty (60) and fourteen (14) days prior to check-in date will forfeit 50% of the Total Private Hire Cost. 
3. Bookings that are cancelled within fourteen (14) days of check-in date, or if you fail to check-in, are non-refundable.

e. Highclere reserves the right to recover the merchant fees charged from any cancellations to Termination Event where a Visa, Mastercard, or American Express card were used as the payment method. Should You be eligible for a refund it will be made by bank transfer to your nominated account.

f. A variation of the Private Hire Booking Date which reduces the number of nights stay will be a treated as a cancellation of the Private Hire Booking Date by You in respect of those nights.

g. We have a minimum night’s stay policy of 2 nights (Public Holidays – 3 nights). No refund will be made for a variation to the extent that it breaches our minimum night’s stay policy.

6. AVAILABLE FACILITIES

a. We run a regular maintenance program and we do our best to avoid this having any impact on your Stay. However, from time to time some facilities and places in the garden may be unusable due to maintenance, repair, or improvement.

b. Highclere will make all reasonable attempts to have equipment and facilities in the cleanest possible state but makes no representations or guarantees regarding the state of these facilities and equipment.

c. There is car parking for You, your Guests and Visitors at Highclere Farm. Parking can only occur in designated parking areas. 

d. If the Property becomes unavailable for the Private Hire Booking Date due to unforeseen circumstances (e.g. fire, storm, damage, etc) then Highclere will inform You immediately and endeavour to obtain suitable alternative arrangements to the Private Hire Booking Date’s occupancy; failing which any moneys paid will be refunded in full.

7. CHECK IN AND CHECK OUT – PRIVATE HIRE BOOKING DATE

a. You are entitled to arrive and check-in to your Private Hire Booking Date between the hours of 2.00pm and 6.00pm. Any arrival after 6.00pm may be organised subject to the prior consent from Highclere.

b. You must check-out of your Private Hire Booking and vacate the Property by 10.00am on the Private Hire Booking Date check-out. Any departure after 10.00am may be organised subject to the prior consent from management. Additional fees may apply.

c. Early check-in and late departure are subject to the Client’s prior arrangement and availability, confirmed in writing by email from Us to You.

d. You must notify Highclere of the expected arrival time and your mobile contact number via email info@highclerefarm.com.au at least 7 days before arrival.

e. Check-in and check-out and key collection and return procedure will be notified when Final Payment and Security Bond are received unless special arrangements have been made prior to arrival.

8. LOSS OR DAMAGE

a. You agree that you use the Property before, during and after the Stay at your own risk.

b. You are responsible for any loss or damage caused to the Property by You, your Guests or your Visitors during your Stay: 

1. Any damage to the Property or damage to items within the Property must be reported to Us at the time of damage.
2. After your Private Hire Booking, inspections are conducted to the Property to identify evidence of damage or theft. We reserve our right to charge You for any damage to the Property or theft of property during your Stay. 
3. If any damage to the Property or theft of the property is identified after your Stay, You will be notified by Us of such damage in writing by email and We will issue an invoice addressed to you for repair or replacement costs. You must make payment of the invoice within fourteen (14) days from the date received.

c. You are responsible for any loss or damage suffered by You, your Guests or your Visitors including loss or damage to their property on the Property before, during or after the Stay.

d. Highclere will not be liable for any circumstances or loss that arises as a result of an event of Force Majeure. During the continuance of an event of Force Majeure, Highclere’s obligations under these conditions will be suspended.:

1. Neither party shall be held accountable for unforeseeable circumstances or events beyond their control hindering this Contract’s performance. 
2. If the period of delay exceeds thirty (30) consecutive days (“Force Majeure Event”), Payments received for the Total Private Hire Cost Hire can be transferred to an alternative future date subject to availability.

e. Any lost property found by us at the Property will be held for a reasonable time and will be able to be collected at the Property at a time suitable to Us, by You, at your own cost.

b. You shall be responsible for the removal of all your belongings, garbage, and any items not present in the Property prior to the Private Hire Booking and must ensure that You, your Guests and Visitors leave the Property in the exact condition they found it in. Failure for You to clean or take away any rubbish will result in the necessary clean up fee being deducted from your Security Bond.

9. HOUSE RULES - ACCOMMODATION

a. STRA Rules: Highclere Farm adheres to the NSW Government's STRA regulatory framework. You have equal responsibilities under this framework. By paying the Security Deposit, You confirm Highclere Farm adheres to the NSW Government's STRA regulatory framework. You have equal responsibilities under this framework. By paying the Security Deposit, You confirm that You have received and acknowledged the Code of Conduct for the Short-Term Rental Accommodation Industry (nsw.gov.au). For clarity, this includes all STRA conditions, ensuring that You or any of Your invited Guests staying at Highclere Farm are not listed on the Exclusion Register at the time of Private Hire Booking Date or during your stay. 

b. Airbnb House Rules: If an Private Hire Booking is made through AirBnB, You are required to follow all AirBnB House Rules, as well as any instructions from Highclere regarding the occupancy, property, health, safety, and the quiet enjoyment of the Property and its neighbours.

c. Accessibility: Please advise if there are any guests with accessibility needs for the mansion homestead to advise of the appropriate room allocation on ground floor of the mansion homestead.

d. Parties: Parties are strictly prohibited at all times during your Stay. The Property has nearby neighbours and excessive noise and music are not permitted after 10:00pm. We reserve our right to evict You, your Guests or your Visitors found in breach of this policy.

e. Responsibility for Property Damage: You are accountable for any damage, breakages, theft, or loss of the Property or any part of it during stay. Please notify Us immediately if any incidents occur. Highclere reserves the right to recover the repair or replacement costs at their discretion.

f. Guest Restrictions: Only the Guests listed and nominated in the Private Hire Booking are permitted to stay overnight at the Property. Any additional Guests may incur extra charges or result in termination of the Private Hire Booking by Us without a refund. All times during your Stay You. Your Guests and Visitors are to comply with all reasonable directions from Highclere.

g. Environment Disruption: Guests and Visitors at Highclere must behave and speak in a responsible manner that will not offend others and will afford them respect and dignity.  Inappropriate behaviour including harassment and discrimination will not be tolerated. Disturbance to our neighbours, including excessive noise, is prohibited. You must use all reasonable endeavours to ensure no disturbances or nuisances will be caused by any Guests and Visitors to neighbours of Highclere with no behaviour likely to cause damage to Property.  Highclere reserves the right to:

1. Remove any Guests or Visitors from the Property whose behaviour is objectionable or undesirable. 
2. Terminate this Private Hire Booking and your eviction without refund and extra charges may be made for security and other expenses. 

h. Departure Checklist: Before leaving, please ensure the following:

1. All food must be removed from the fridges.
2. Dispose of all rubbish in the bins provided.
3. Wash and place all crockery and cutlery back where You found it.
4. Leave the Property as You found it, in a clean and tidy condition.
5. All furniture and furnishings must be left in the same position they were placed   upon arrival.
6. Securely lock all windows and doors and return Property keys to Highclere. If keys are lost, You are responsible for replacement of the keys. 

i. Bed Linens, Towels & Toiletries: For the duration of your stay, we will provide bed linens, towels and some toiletries which must be left where supplied in the bedrooms or bathroom on Your departure. You shall not remove any bed linens, towels or toiletries from the Property.

j. Extra Cleaning Charges: You shall return the accommodation to the level of cleanliness to which it was initially occupied. If the cleaning exceeds the usual cost for cleaning the Property, i.e. excessive rubbish and dirty dishes are left by You or your Guests, additional costs will be deducted from the Security Bond. 

k. Horses: In the interest of everyone’s safety and the safety and welfare of our animals, you must read, understand, and agree to comply with the following guidelines. Please remember that horses and being on a farm are dangerous activities. Horses can act in an unpredictable or changeable way especially if frightened or hurt which may occasion injury or death. The horses are maintained in an area strictly restricted from Client access. You, your Guests or your Visitors, may strictly shall not in any circumstance, enter any paddock or open any gate where there is livestock (horses and cattle). Livestock are also not to be fed, patted or ridden in any circumstance - also for your safety and their wellbeing. If you are going through other gates around the Property where livestock are not located, please follow the country rule and close them securely if found closed and leave open if found open. 

l. Swimming: The Property has several dams including the lake. We do not encourage swimming. If you do swim, you do so at your own risk.

m. Smoking & Vapes: Smoking including vapes is restricted to outdoor areas and is strictly prohibited inside the mansion homestead and on any timber decking or balconies. Please smoke outside and use the ashtrays provided otherwise ensure all cigarette butts and expired vapes are disposed of in a bin. Failure to do so may result in an excess cleaning fee being deducted from the Security Bond. 

n. Mansion Homestead Fireplaces & Outdoor Fires: There are four Gas Fireplaces in the accommodation for your use. All other fireplaces within the accommodation are closed to use and lighting any fire is strictly prohibited. Lighting any outdoor fire on the Property is strictly prohibited. 

o. Children: The accommodation is not suitable for Children under fourteen (14) years.

p. Pets: Pets are not allowed at the Property.

10. LIMITATION OF LIABILITY AND INDEMNITY

a. To the full extent permitted by any applicable law, We:

1. Disclaim all representation or warranties, express implied, not expressly set out in these Terms and Conditions.
2. Make no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Property, or any goods or services requested through the use of the Property will be uninterrupted or error free.

b. We shall not be liable for any indirect, incidental, special, exemplary, equitable, punitive or consequential damages, including for lost profits, lost data, personal injury or property damage related to or in connection with or otherwise resulting from the Client’s use of, access to or inability to access or use the Property, regardless of any negligence (either by act or omission) or day of or by Us, and/ or our agents, employees or representatives, even if We have been advised of the possibility of such damages.

c. You acknowledge and agree that We will not be liable to You for any claim, liability, loss, damages, costs or expenses, whether direct, indirect or consequential:

1. For any delay in providing You with any service at the Property;
2. If We are unable to provide you or satisfy any request for use of the Property, whether or not you have an Private Hire Booking.

d. You acknowledge and agree that you will indemnify Us against any claims, liability, loss, damages, costs or expenses (including legal costs) in connection with the use of the Property and/or as a result of or in connection with any breaches by You, your Guests and Visitors of these Terms and Conditions.

11. TERMINATION

a. Upon notice in writing by email to You from Us, or from You to Us of terminating these Terms and Conditions, we reserve the right absolutely to retain any Payment made up to and including the date of receiving notice of termination.

b. We may terminate, in our absolute discretion, these Terms and Conditions with notice to you on occurrence of one of the following (each being a Termination Event):

1. Non-payment of any Payment payable pursuant to clause 4 above on the dates specified.
2. Conduct deemed to be unlawful or otherwise in breach of these Terms and Conditions.
3. Such notice of a Termination Event will take effect from the date specified in the notice, or, if no date is specified, to immediate effect on the date the notice is sent to You.
4. To the extent permitted by law, a Termination Event will render any payment already paid to Us forfeited.

12. SECURITY BOND

a. You agree to provide a Security Bond of five thousand dollars ($5,000). 

b. This will only be used by Highclere to cover any loss or damage, or expenses incurred during your Stay or in consequence of the actions of You or any of your Guests or Visitors prior to, during or after the Private Hire Booking Date. Examples of this include but are not limited to any breakage, damage or excess cleaning requirements and extra Guests or Visitors beyond those declared in the Private Hire Booking.

c. The Security Bond will be credited to the Client’s designated payment method once the Property has been inspected and deemed by Us to be left in a similar state to the Client’s arrival. Highclere agree to ensure this occurs within seven (7) working days of the Client’s departure.

d. If the Security Bond is insufficient to pay for such loss, damage or expense, You will be responsible for any short fall. 

13. PROBLEMS OR COMPLAINTS

a. In the case of any problem or complaint, You must inform Highclere at the earliest opportunity, so Highclere has the chance to rectify the situation as quickly and efficiently as possible. You must allow repair/service access to the Property during reasonable hours.

b. Any complaint, which cannot be resolved locally, must be notified in writing to Highclere prior to departure from the Property.

c. Failure to follow this procedure this may hinder the ability of Highclere to rectify the problem or complaint and reduce or extinguish any claim You may have. We recommend all You, your Guests and Visitors purchase travel insurance since Highclere are not responsible for any injuries, illness or accidents that may occur whilst staying at our Property.

14. CHANGES TO TERMS AND CONDITIONS

a. Highclere reserves the right to make reasonable changes to these Terms and Conditions if required at any stage and will provide You with written notice by email of any changes to these Terms and Conditions.

15. GENERAL TERMS

a. If a provision in these Terms and Conditions is wholly or partially invalid or unenforceable, that provision or the part of it that is invalid or enforceable must, to that extent be treated as deleted from these Terms and Conditions. This does not affect the validity or enforceability of the remaining Terms and Conditions. Highclere may assign or otherwise deal with the benefit of any Private Hire Booking made pursuant to these Terms and Conditions.

b. The Private Hire Booking is a Contract made between You and Highclere including the Terms and Conditions shall be governed by and construed in accordance with the laws of the State of NSW. You agree to submit to the non-exclusive jurisdiction of the NSW courts for all purposes of or in connection with such Contract.