Last updated: May 2023
POD-E PTY LTD (ACN 667 062 437) (Pod[e]/We/Us/Our) owns and operates the website located at www.pod-e.co (Website). Access to and use of the Website and the services available through the Website (collectively Services) are subject to the following terms, conditions, and notices (Terms and Conditions). By using the Services, you (You/Your/Yourself) are agreeing to all of the Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions.
1. The Services
Pod[e] provides You with accommodation services that can be procured through the Purchase Services available on Our Website (Purchase Services).
Additionally, we accept bookings via third-party websites, including Airbnb, Bookings.com, VRBO, Expedia.com, Qantas Hotels and Red Balloon.
2. Booking Policy
All accommodation is subject to availability.
(b) Minimum Stay
During peak times, which include public holidays, school holidays, Easter, Christmas, and New Year's period, a minimum stay of three nights is required. For the rest of the year, a minimum stay of two nights applies.
Our premises will be leased to the person who is eighteen (18) years of age or older and has made the booking. The person who made the booking will be responsible for the behaviour of all guests. The premises are only for holiday purposes and can be occupied for the time specified on the booking confirmation. The maximum number of people allowed to stay at the premises will be as agreed upon by Pod[e] management during the booking confirmation and guest registration process.
Bookings shall be deemed confirmed only upon receipt and acknowledgment of a 25% deposit payment for the booking.
(e) Special Requests
All special requests made by the guest are subject to availability and may require additional charges. Pod[e] management reserves the right to decline any special requests.
All special requests must be confirmed by Pod[e] management through email at email@example.com. Any special requests that have not been confirmed by Pod[e] management will not be considered valid.
3. Rates and Payments
(a) You should be aware of Our fees
Before using Our Purchase Services, You should review Our fees to ensure You are aware of the fees that You will incur.
(b) Inclusive Rates
Our standard rates are $490 per night. Our fees are inclusive of Goods and Services Tax (GST) and in Australian dollars. If You pay Us in a currency other than Australian dollars You must pay Us for any currency conversion and transaction fees We incur in receiving this payment.
A non-refundable 25% deposit is required at the time of booking and the remainder of the booking total will be automatically charged to your card 30 days prior to your stay. Bookings will not be confirmed until 25% deposit payment is received, and a booking confirmation has been sent to the email address provided during the booking process.
(d) Peak times
During peak periods, which include but are not limited to public holidays, school holidays, Easter, Christmas, and New Year's period, prices are subject to change.
(e) Amendment of Rates
We may change the rates for any of Our services at any time other than bookings already confirmed. We will notify You of any change by notice on the Website. In the event that We introduce a new service, We will provide information about the fees for that service on the Website. Any such fees will come into effect when they are posted on the Website.
(f) Accepted Payment Methods
We accepted forms of payment including Visa, Mastercard, American Express, JCB, and China UnionPay.
Debit card transactions can be completed through our online booking system.
Our credit card processor adheres to Payment Card Industry Data Security Standard (PCI DSS) compliance standards and provides a secure payment method.
(g) Charges on Card
In order to ensure the reservation of your stay, it is imperative to provide a valid credit card. If any of the following circumstances occur during your stay:
(i) The property requires excessive cleaning due to your unreasonable departure.
(ii) Any damage is caused to the property and/or equipment provided during your stay, resulting in charges to cover repairs and/or revenue loss.
We reserve the right to charge the credit card on file at the time of booking.
(h) Acceptance of Terms and Conditions
Payment of the booking fee establishes Your acceptance of Our Terms and Conditions.
4. Check-In/Out Policy
(a) Check-In Time
You may commence the check-in process from 3:00 PM onwards.
(b) Check-Out Time
You must vacate the premise by 11:00 AM on the scheduled day of departure.
(c) Late Check-Out
Pod[e] management may allow late check-out, subject to availability and prior arrangement. You must contact Pod[e] management in advance to request a late check-out.
Additional charges may apply for late check-out, and the amount will be communicated to You before the extension is granted. Failure to vacate the property by the scheduled check-out time may result in additional charges.
Pod[e] management reserves the right to decline any late check-out requests or to charge additional fees if late check-out causes inconvenience to other guests or affects the cleaning schedule.
(d) Check-In Policy
To ensure a seamless check-in process, it is mandatory for you to provide us with your expected time of arrival at least one day prior to your check-in date.
We use a coded key lock box, and therefore, you are required to complete a remote check-in process.
The check-in instructions and code will be provided to you via SMS and email prior to your arrival.
(e) Check-Out Policy
As a guest, it is your responsibility to check-out on time and leave the property clean and tidy. Please ensure that all windows and doors are securely closed and locked before leaving and that all furniture is returned to its original position, as it was upon your arrival. Check-out instructions will be sent to you prior to your departure, and it is important that you follow them carefully to avoid any additional cleaning or maintenance charges.
If the property is not left in an acceptable condition, Pod[e] management reserves the right to charge extra cleaning fees at Our discretion. Any excess cleaning and charges will be the responsibility of You and must be paid promptly.
Additionally, You are also responsible for the loss or damage of any property keys. Charges will apply if the key is lost or damaged.
5. Cancellation and Changes to Booking
(a) Cancellation Policy
(i) Cancellation Thirty (30) days or more prior to arrival: If You cancel Your booking Thirty (30) days or more prior to the arrival date, a credit for the full booking amount will be applied to You. The credit must be redeemed within Twelve (12) months, subject to the live availability published on our Website.
(ii) Cancellation within Thirty (30) days prior to arrival: If You cancel Your booking within Thirty (30) days prior to the arrival date, Your booking will be non-refundable and incur a 100% cancellation fee of the total booking.
(b) Date Changes
(i) Date changes can be made by email more than Thirty (30) days prior to Your stay, and are subject to additional rate differences if applicable.
(ii) Date changes made to the booking that reduce the number of nights staying will be treated as a cancellation of the booking in respect of those nights.
(c) No Refunds
(i) No refund can be given for non-arrival, unused nights, and unused credits.
(ii) No refunds will be given for unused services or early departure.5
(d) Travel Insurance
(i) We strongly recommend the purchase of travel insurance to cover unforeseen circumstances, such as medical emergencies, cancellations, etc.
(e) Booking Transfers
(i) Bookings can be transferred to other guests by emailing firstname.lastname@example.org to arrange the transfer of Your booking.
(f) Unforeseen Circumstances
(i) Credits will be given to You if cancellation of Your booking occurs due to the property becoming unavailable for Your occupancy due to unforeseen circumstances, such as storms, fires, damage, etc. Pod[e] management will inform You immediately and try our best to help with finding You new accommodation.
6. Getting to and From the Property
(a) Road Conditions
When traveling to Pod[e], You should be aware that the roads leading to the property are council-graded gravel roads, and the driveway on the property is also a graded gravel driveway. However, access is completely two-wheel drive accessible in all weather conditions.
(b) Caution and Speed Limits
We advise You to drive cautiously on the roads, as there may be wildlife present. Additionally, it is recommended that You drive according to the conditions and adhere to the speed limit of 40km/h on the driveway and 20km/h on the tracks within the property. This is to minimize the disturbance of dust and ensure the safety of both You and wildlife.
(c) Driving Restrictions
To avoid damage to You, Your vehicle, wildlife, and the land, You are only permitted to drive on the designated dirt/gravel road/driveway.
(d) Farm Gates
You must keep gates how You found them (open/closed) when going through farm gates. If gates are locked, it means You do not have access to that particular area.
7. Occupancy Policy
(a) Maximum Number of Guests
Our property, The Pod, is designed to accommodate a maximum of four (4) guests, including children.
(b) Additional Guests
If You would like to discuss additional guests, please contact Pod[e] management. Approval must be given by Pod[e] management in writing, and additional charges may apply.
No parties are allowed on the property.
You are permitted to have visitors during the day. However, only guests included in the booking are permitted to stay overnight at The Pod or on the property. Please note that only paying guests are authorized to use The Pod and its facilities such as
water, electricity, bins, and others.
Visitors must comply with the House Rules and respect Our property.
If You wish to invite additional visitors to stay overnight, they must contact Pod[e] management for prior approval in writing. Please note that additional charges may apply for such requests.
8. House Rule, Damages and Loss
(a) You are required to comply with the House Rules and Our Terms and Conditions, any breach of them may result in damage, loss, or expense incurred by Pod[e] management.
(b) Any damage, loss, or expense incurred by Pod[e] management due to the Your breach of the Terms and Conditions and/or failure to comply with the House Rules will be charged to the credit card used at the time of booking. Examples of such charges include but are not limited to breakage, damage, excess cleaning requirements, and extra guests beyond those declared.
(c) Pod[e] accepts no responsibility for loss or damage to Your property during Your stay.
9. Inclusions and Servicing
(a) The rates for Pod[e] include the services and amenities listed in <<See here>>.
(b) Daily servicing is not provided, but You may request a housekeeping service for
bookings of five nights or more. Additional charges may apply.
10. Fire Bans
You are required to comply with the South Australian (SA) Bushfire Regulations and adhere to all fire bans in effect during Your stay.
11. Catering Packages and Add-on Experiences
(a) Alcohol Packages
Alcohol Packages may be purchased at the time of booking under the assumption that the purchaser is Eighteen (18) years of age or older. We hereby disclaim all liability for any injury, death, trauma, loss, or damage arising from excessive consumption of alcohol or any other harm resulting from the
consumption of alcohol, whether directly or indirectly.
Pod[e] shall not be liable or responsible for any catering packages and add-on experiences sold on behalf of third-party suppliers.
12. E-Bike and Coast Experience
In these Terms the term “Equipment” means the equipment included in the E-Bike and Coast Experience which is as follows; two electric bikes, two helmets, two bodyboards with attached wrist leashes, four mask and snorkel combinations, and four sets of fins.
The use of the electric bikes is strictly 16 years old to 75 years old.
The use of bodyboards, mask and snorkel combination and sets of fins is strictly 12 years old and above.
Minors using equipment must be under adult supervision at all times.
(a) Included in Your stay at Pod[e], the E-bike and Coast experience is a self-guided tour that allows You to follow our tour suggestions or use the equipment at Your own discretion. You must prioritize Your safety and care for yourself and the equipment when participating in the experience and/or using the equipment.
(b) The equipment provided for Your use will be in good condition at the time of hire and must be returned in the same condition at the conclusion of your stay at Pod[e]. You are responsible for any damage incurred to the equipment during participation in this experience and/or using the equipment and agree to pay the full cost of any required repairs. If the damage is deemed to be wilful, additional charges will be incurred for the loss of income due to the equipment being unavailable for other bookings. If the equipment is not returned by the end of the hire period, replacement costs will be incurred. In case of loss or damage, the cost of replacement or repair will be charged to Your credit card.
(c) By placing a booking at Pod[e], You acknowledge and accept all risks associated with the experience and/or equipment used, including the possibility of injury, death, trauma, loss, or damage. Pod[e] is not liable for any injury, death, trauma, loss, or damage suffered by you arising from your participation in the experience and/or use of equipment.
13. Amendments to Terms and Conditions
Pod[e] reserves the right to amend in whole or in part these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by You to be bound by the Terms and Conditions as amended.
14. Website Access
Subject to these Terms and Conditions, Pod[e] grants You permission to use the Website.
15. Linked Sites
(a) All reservations made through Our Website are processed via Preno, Our designated booking engine.
(b) Our Website may contain links to other websites (Linked Sites) which are not operated by Pod[e]. Pod[e] has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from Your use of them. Your use of the Linked Sites will be subject to the Terms and Conditions and service contained within each such site.
Pod[e] will treat personal information as confidential and will make every reasonable effort to keep personal information and confidential information confidential and secure.
By registering, You authorise Us to disclose the information:
(a) We will not sell or allow third parties to access Your personal information without Your consent, except where required by law.
(b) We will maintain the security and confidentiality of Your personal information in accordance with the highest standards.
(c) We will require any organisation that provides Us with administrative or processing services to comply with Our privacy policies.
(d) You are entitled to examine any of Your personal information that We hold and may request that We correct any inaccurate or incomplete information.
We will not disclose this information except:
(a) as necessary to provide the Services;
(b) to Pod[e] personnel and any service provider that Pod[e] works with where necessary to operate the Services;
(c) if the relevant person has given Pod[e] permission to do so;
(e) if required or permitted by law.
You agreed to the disclosure of Your name and email address if required, including but not limited to, when We provide You with the Services.
(a) Our Service
(i) Pets are strictly prohibited on the premises of the property. Should it be discovered that a pet has entered the premises, You will be immediately terminated, and You will be held responsible for all costs associated with the damage, cleaning, and/or fumigation of the property.
(ii) Smoking is strictly prohibited inside the property. You may smoke outside but must dispose of cigarette butts correctly. Please note that improper disposal of cigarette butts can pose a serious risk of bushfires. If the smell of smoking is detected inside the property, a cleaning and fumigation fee will be charged to the credit card used at the time of booking.
(b) Our Website
(i) You must not misuse the Website. You must not:
(a) commit or encourage a criminal offence;
(b) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(c) take any action that imposes, or may impose, in Our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(d) hack into any aspect of the Services; corrupt data; cause annoyance to other users;
(e) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your personal information) from the Website without the express written permission of Us and any relevant third party;10(f) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
(g) attempt to affect the performance or functionality of any computer facilities of or accessed through the Website;
(h) bypass our robot exclusion headers or other measures We may use to prevent or restrict access to the Website.
(ii) Breaching this provision would constitute a criminal offence, and Pod[e] will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
(iii) The following contents are prohibited on the Website:
(a) offensive content that promotes racism, terrorism, bigotry, hatred, or physical or/and mental violence or harassment against any individual or group or could harm minors; and
(b) misleading or/and deceptive or defamatory contents; and
(c) pornographic or sexually explicit contents; and
(d) contents related to any unlawful activities.
19. Intellectual Property, Software and Content
The intellectual property rights in all content made available to you on or through the Website remain the property of Pod[e] or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Pod[e] and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to You or which appears on the Website nor may You use any such content in connection with any business or commercial enterprise.
You must not do anything with the materials and resources that are not expressly authorised by the Terms and Conditions. Without limitation, You must not modify, adapt, sell, or use the materials and resources for a commercial purpose (such as charging third parties for access to the materials and resources) without the prior consent of Pod[e].
21. Disclaimer of Liability
(a) Our Services
(i) Pod[e] is in a natural environment that may contain dangerous flora and fauna. Although Our staff and management take all necessary measures to ensure the safety of You. You should take necessary precautions to ensure Your own safety and the safety of Your companions during Your stay at Pod[e], including following any safety guidelines provided by Pod[e]. By booking with Us, Your acknowledge and agree that neither Pod[e] nor any of Our staff will be held responsible for any of Your injury, death, loss, or damage of any kind (including that caused by general criminal activity on the premises), except in cases of negligence or wilful misconduct by Pod[e].
(ii) You understand and accept that Your engage in any activities and use any facilities provided by Pod[e] at Your own risk, particularly those involving wildlife. By making a booking, Your acknowledge and release Pod[e] and Our staff from any and all liability for any direct, indirect, or consequential loss or damage whatsoever arising out of or in connection with their use of the facilities and activities offered by Pod[e].
(b) Our Website
(i) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy and effect.
(ii) To the fullest extent permitted by law, Pod[e] hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
(iii) We do not guarantee that Our services will always be available. We will use Our reasonable endeavours to ensure the availability of the Website and services, subject to any downtime required for maintenance. However, We do not warrant that: the services provided will be uninterrupted, timely, secure, or error-free; or that any information (including feedback) provided on the Website
is error-free or reliable.
(iv) If we have advertisements on the Website, we are not responsible for the actions of the advertisers. Each advertiser is solely responsible for the content of and any representation made in connection with its advertisement. The placement of such advertisements on the Website does not constitute our recommendation or endorsement of the advertised product or service.
22. Linking to the Website
You may link to Our home page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, however, You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. You must not establish a link from any website that is not owned by You. This Website must not be framed on any other site, nor may You create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
23. Disclaimer as to ownership of trade marks, images of personalities and third
Except where expressly stated to the contrary all persons (including their names and images), third-party trade marks and content, services and/or locations featured on the Website are in no way associated, linked or affiliated with Pod[e] and You should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Pod[e].
You agree to indemnify, defend and hold harmless Pod[e], its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of the Website, or your breach of the Terms and Conditions.
Pod[e] has the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of the Website.
If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude Our liability to You) the enforceability of any other part of the Terms and Conditions will not be affected, and all other clauses remain in full force and effect. As far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, You agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
27. General Terms and Conditions
(a) We have no liability for any lack of performance, unavailability or failure of our services or the Website, or for any failure of Us to comply with these Terms and Conditions if our failure arises from, or is caused by, anything reasonably beyond Our control.
(b) If We do not exercise or enforce any right available to Us under these Terms and Conditions, it does not constitute a waiver of those rights.
(c) These Terms and Conditions are governed by the laws of Australia. You submit to the non-exclusive jurisdiction of the Courts of Australia.
(d) These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement between Us.
(e) We follow the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) and the prevention of illegal activities on the Website.
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise. If there are any issues or complaints with the property and/or your stay, you must inform Pod[e] management immediately so that they have the opportunity to rectify the situation promptly. You must allow service and repair access to the property during reasonable hours to address any issues or complaints. Any complaints should be communicated in writing to Pod[e] management before departing from the property. Please send your written complaints via email to email@example.com .