NOMADIKA GLAMPING TERMS AND CONDITIONS

Definitions

GOODS refers to any tent and furnishings, equipment, accessories and any other materials that are hired out and belong to Nomadika.

RENTAL PERIOD refers to the term of hire set out in the booking confirmation.

BOOKING refers to the contract the client has entered into with Nomadika.

CLIENT refers to the individual or company who is named on the booking agreement. The client must be over 18 years of age and Nomadika has the right to request formal identification to confirm the age.

GUEST refers to anyone who uses the goods during the rental period.

Nomadika refers to Nomadika Co, ABN and any person acting on behalf of and with the authority of Nomadika.

GOODS AND SERVICES TAX (GST) has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)

1. General

1.1 A booking is not confirmed until a deposit has been received by Nomadika and a confirmation email has been sent to the client. Nomadika will not recognise any verbal agreements.

1.2 All bookings are subject to the approval of Nomadika (and at Nomadika’s sole discretion), and any booking may be refused and/or cancelled, without any reason in any circumstances, regardless of whether any amounts have been paid.

1.3 Upon payment of the deposit the client is deemed to have agreed to all of Nomadika's terms and conditions. If any clause is deemed to be invalid it will not affect the rest of the terms and conditions.

1.4 All goods hired remain the property of Nomadika and must not be sub-hired under any circumstances.

1.5 Prior to the commencement of the rental period Nomadika will deliver and set up all goods so that they are prepared and ready for use. Goods will then be packed away and removed by Nomadika following the completion of the rental period.

1.6 Check-in time is 2pm and Check-out time is 10am unless otherwise stated by Nomadika at the time of booking.

1.7 Rental periods can be extended at Nomadika's discretion providing operational requirements allow it and providing the client pays for the extension in full at the time of requesting it.

1.8 If goods are not made available to Nomadika at the arranged end time of the rental period further fees may be applied at Nomadika's discretion and Nomadika has the right to enter the location and to take back the goods.

1.9 Clients and all guests are advised to take out adequate travel insurance for the duration of the rental period.

1.10 Any special offers advertised must be requested at the time of booking, are subject to availability and are applied at Nomadika's discretion. Public holiday weekends are excluded. 

1.11 The client agrees to provide Nomadika with a security/damage deposit specified on the invoice but not less than $100 per tent or credit card details to be served as a security to fulfil any obligations under this agreement. For that purpose, the client authorises Nomadika to retain the security/damage deposit or to charge the credit card used to place this booking for any damages caused to Nomadika by the client or if the client breaches any part of this agreement.

2. Changes

2.1 The client accepts that Nomadika may change the goods or specifications of the goods at any stage prior to the rental period commencing without consulting the client as long as Nomadika believes the modification will not adversely affect the performance of the goods or the overall experience of the guests.

3. Acceptable use of tents

3.1 Smoking and the use of naked flames in the tents is strictly forbidden.

3.2 Stoves supplied with the kitchen packs must not be used inside the tents under any circumstances.

3.3 Any use of naked flames in the vicinity of the tent is done so entirely at the client's own risk. The client will be liable for any damage caused by fire.

3.4 Animals are not allowed in any tents under any circumstances.

3.5 Only heating appliances supplied by Nomadika may be used inside the tents unless written permission is given by Nomadika prior to the rental period commencing.

3.6 All rubbish should be cleared from the tent and camping area prior to leaving and placed into the bins on the campsite or taken away if there are no on-site bins.

3.7 All goods should be left in a clean and tidy condition. If kitchen equipment has been hired it should be cleaned and tidied prior to leaving.

3.8 Nomadika has the right to claim extra cleaning fees of their discretion from the client if tents are left in an unacceptable condition.

3.9 The tents must be secured with the padlock at all times that the tents are left unattended. The client is liable for any losses that occur as a result of leaving a tent unsecured.

3.10 Tent doors and windows must be fully zipped closed when the tent is unattended and upon departure or the damage deposit will be forfeited.

4. Sites and third-party companies

4.1 If using a site that is not one of Nomadika's recommended sites, it must have clear access for a heavy vehicle, it must be relatively flat and well drained. The client will be liable for any losses caused to Nomadika due to inappropriate land use or the failure of the client to warn Nomadika of any potential hazards to persons or property.

4.2 Nomadika reserves the right to refuse to erect tents or discontinue installation of goods on land that it deems unsuitable. In this event this agreement will be terminated and the client shall have no claim whatsoever against Nomadika. Nomadika is entitled to recover its reasonable costs incurred attempting to install the goods under this clause.

4.3 It is the client's responsibility to arrange access for the disabled and emergency services.

4.4 Any booked goods that cannot be utilised due to incorrect land measurements/space available will still be charged at their normal hire rate.

4.5 The client is responsible for obtaining permission or permits required for the use of tents on private land.

4.6 If the distance between the car park and the tent site is longer than 5 metres Nomadika may apply a surcharge at their discretion.

4.7 Nomadika does not accept any responsibility for the camp sites that it recommends or the third-party companies that it works alongside. Any issues regarding these third-party companies must be taken up with the owners.

4.8 Should a campground/location become unavailable after a booking is made for whatever reason, it is the client’s responsibility to arrange an alternate location at which Nomadika can install the hired goods. Nomadika is under no obligation to issue a refund or a postponement should a campground/location become unavailable after a booking is made.  

4.9 If a total fire ban is in place at your campsite restricting the use of a gas stove which has been hired as part of a kitchen pack, no refund will be given.

5. Client's obligations

5.1 The client acknowledges that occupancy is not to exceed the maximum number of guests per tent as indicated in the booking confirmation.

5.2 The client must examine the goods at the earliest opportunity to make sure that they are in acceptable condition, fit for purpose and fulfil the requirements set out in the booking confirmation. The client agrees that they will not rely on the skill and judgement of any Nomadika employee in regard to the suitability of the goods and the preparation of the goods for their intended purpose.

5.3 The client is responsible for making sure that the goods are protected from theft and damage and that all guests treat the goods in a respectable manner. Nomadika has the right to refuse hire or use of goods to any guest.

5.4 The structure of the tents should not be adjusted and nothing should be hung from the poles or walls of the tents without permission from Nomadika.

5.5 No repair, maintenance or modification should be carried out on the tents without written consent from Nomadika.

5.6 Details of any branding that is to be applied to the goods must be declared to Nomadika who have the right to refuse such branding at their discretion.

5.7 Any damages, structural failings or hazards must be reported to Nomadika immediately and under no circumstances should the guest attempt to rectify any such issues themselves.

6. Client's warranties

6.1 The client warrants that all details given at the time of booking are correct. If any details (including but not limited to business practice, name, address, phone number, payment details) change prior to the rental period commencing the client must inform Nomadika as soon as possible. The client shall be liable for any loss incurred by Nomadika as a result of their failure to comply with this clause.

6.2 The client warrants that no laws or third-party rights will be violated by the use of the goods, or in connection with the use of the goods, during the rental period.

7. Payment of Fees and other charges – bookings of 1 to 5 tents

7.1 A minimum deposit of 50% of the total fee is to be paid at the time of booking and a booking is only confirmed when the deposit has been received by Nomadika. The deposit amount may be changed by Nomadika in certain situations depending on the degree of risk involved.

7.2 The client agrees to provide Nomadika with credit card details at the time of booking to serve as a security to fulfil any of the client's obligations under this agreement. For that purpose, the client authorises Nomadika to charge the credit card for any damages caused to Nomadika by the breach of any part of this agreement. Any charges made will be fully itemised to the client.

7.3 The remaining balance must then be paid to Nomadika no later than 30 days prior to the commencement of the rental period.

7.4 Any bookings made that are within 30 days of the commencement date must be paid in full at the time of booking. This payment is non-refundable.

7.5 The client agrees that if the funds have not been cleared in Nomadika's bank account prior to the rental period commencing, the goods will not be delivered.

7.6 All B2C prices or quotes are inclusive of 10% GST unless otherwise stated. B2B quotes are exclusive of GST unless otherwise stated.

7.7 Payment of fees can be made by direct bank deposit.

7.8 The client is responsible for the costs of repairing or replacing damaged hired goods.

7.9 Nomadika reserves the right to apply interest at the General Interest Charge applied by the ATO (which is currently a rate of 9.15% per annum) to all tax invoices that are more than 30 days overdue.

7.10 Where payment remains outstanding for more than 30 days, Nomadika reserves the right to assign any debts payable to it to a third party without consultation with the Client.

7.11 Where any monies owing on tax invoices issued by Nomadika remain outstanding, the Client shall indemnify Nomadika from and against all costs and disbursements incurred by Nomadika in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Nomadika collection agency costs, and bank dishonour fees).

8. Payment of Fees and other charges – bookings of more than 5 tents

8.1 A deposit of 25% is to be paid at the time of booking and a booking is only confirmed when the deposit has been received by Nomadika. The deposit amount may be changed by Nomadika in certain situations depending on the degree of risk involved.

8.2 The client agrees to provide Nomadika with credit card details at the time of booking to serve as a security to fulfil any of the client's obligations under this agreement. For that purpose, the client authorises Nomadika to charge the credit card for any damages caused to Nomadika by the breach of any part of this agreement. Any charges made will be fully itemised to the client.

​8.3 The remaining balance for the tents booked must then be paid to Nomadika no later than 30 days prior to the commencement of the rental period.

8.4 Any bookings made that are within 30 days of the commencement date must be paid in full at the time of booking. This payment is non-refundable.

8.5 The client agrees that if the funds have not been cleared in Nomadika's bank account prior to the rental period commencing, the goods will not be delivered.

8.6 All B2C prices or quotes are inclusive of 10% GST unless otherwise stated. B2B quotes are exclusive of GST unless otherwise stated.

8.7 Payment of fees can be made by Square, Credit Card or direct bank deposit.

8.8 The client is responsible for the costs of repairing or replacing damaged hired goods.

8.9 Nomadika reserves the right to apply interest at the General Interest Charge applied by the ATO (which is currently a rate of 9.15% per annum) to all tax invoices that are more than 30 days overdue.

8.10 Where payment remains outstanding for more than 30 days, Nomadika reserves the right to assign any debts payable to it to a third party without consultation with the Client.

8.11 Where any monies owing on tax invoices issued by Nomadika remain outstanding, the Client shall indemnify Nomadika from and against all costs and disbursements incurred by Nomadika in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Nomadika collection agency costs, and bank dishonour fees).

9. Cancellation and Early Termination

9.1 In the event that a booking is cancelled, a refund will be given according to the below rules:

Bookings of 1 to 5 tents:

(i) A full refund of money paid will be given if the booking is cancelled more than 30 days prior to the commencement of the rental period. 

(ii) No refund will be given if the booking is cancelled within 30 days of the commencement date of the rental period.

Event/wedding bookings and group bookings of 5 or more tents:

(i) The 25% deposit will be forfeited in full by the client if the booking is cancelled more than 60 days prior to the commencement of the rental period. 

(ii) No refund will be given if the booking is cancelled within 60 days of the commencement date of the rental period.

(iii) In the event that Nomadika agrees to a postponement the 25% deposit and any further payments can be transferred to the new date.

9.2 No refund will be given if the client terminates the rental period early under any circumstances.

9.3 In the event of adverse weather conditions, Nomadika will make every effort to fulfil any accepted bookings up to the point that it deems installation may be impossible or unsafe. Nomadika shall under no circumstances be liable to the client for any delay, defective or non-performance under this agreement as a result of adverse weather conditions. 

9.4 If an installation has to be postponed due to a Force Majeure, heavy winds, rain or other adverse weather conditions making tent erection impossible and/or unsafe, Nomadika will notify the client at the earliest opportunity and an alternative date will be offered to the client. Nomadika will try to accommodate the client’s needs as far as is practicable however Nomadika is under no obligation to offer a refund for the stay.

9.5 In the event of adverse weather conditions (including forecast winds above 30km/h), Nomadika reserves the right to either postpone or cancel the installation due to workplace health and safety concerns. Nomadika shall under no circumstances be liable to the client for any delay, defective or non-performance under this Agreement as a result of adverse weather conditions. In the event of adverse weather, Nomadika reserves the right to determine whether installation shall continue, if Nomadika determines that, for safety reasons, the installation shall not continue, this agreement will be terminated and the client shall have no claim whatsoever against Nomadika. Nomadika is entitled to recover its reasonable costs incurred attempting to install the Goods under this clause. (see also 14.)

9.6 If a hire is already underway and needs to be cut short due to events out of Nomadika’s control (including Covid-19 related circumstances), or work has already been undertaken for the booking, no refund or credit will be provided. If any loss or damage is incurred that is not the fault of Nomadika, then Nomadika is released and indemnified from any demands, costs and expenses related to the damage or loss.

9.7 Should a campground/location become unavailable after a booking is made for whatever reason, it is the client’s responsibility to arrange an alternate location at which Nomadika can install the hired goods. Nomadika is under no obligation to issue a refund or a postponement within 21 days of the commencement date should a campground/location become unavailable.

9.8 Nomadika may choose to cancel a booking at any time in writing. Notice will be given of the cancellation and a full refund given. Nomadika takes no responsibility for any subsequent losses incurred by the client in this situation as long as the client has been fully reimbursed.

9.9 Nomadika cannot offer refunds or cancellations/postponements for bookings that have already been postponed.

9.10 Within 48 hours of the check-in time/date, no postponements or refunds can be given under any circumstances as work will already have been undertaken by Nomadika.

9.11 Postponed bookings and credits may be transferred to others.

9.12 If the WA government imposes mandatory restrictions related to Covid-19 which prevent Nomadika from installing equipment at the location booked by the client, Nomadika will offer a credit/postponement of the booking valid for a minimum of 3 months after restrictions lift at no charge to the client.

9.13 Nomadika is under no obligation to offer a postponement, credit or refund to any client or guest should restrictions prevent the client/guest from attending a booking which Nomadika is otherwise legally able to provide. This includes guests who test positive to Covid-19 and are required to isolate during the hire period.

9.14 Whilst Nomadika will attempt to accommodate client requests, should a client request new dates for a postponed booking within the credit/postponement window which Nomadika is unable to accommodate, Nomadika is under no obligation to issue a refund or further extension to any such credit. Any extension will be offered only at Nomadika’s discretion.

9.15 Nomadika recommends all clients and guests take out adequate travel/event insurance to protect themselves in these events and all other provisions of this agreement.

10. Damage, Accidents, Malicious damage, Theft

10.1 In the event of any theft of goods or damages caused by a third party during the rental period the client must report the incident to the police and provide Nomadika with a police reference number within 24 hours.

10.2 During the rental period the client is responsible for all goods supplied to them. Nomadika will recoup all costs involved in replacing, fixing or cleaning goods that have been damaged or lost from the client no matter how such damage or loss may have been caused.

10.3 At the end of the rental period goods must be left in the condition that they were originally hired in excluding normal wear and tear which will be specified by Nomadika.

10.4 Nomadika will not be liable for any losses that occur with the goods from accidents, loss or malicious damage.

10.5 The client will not be entitled to any refund of hire fees should the goods become damaged or lost as a result of theft, accidents, malicious damage or loss.

10.6 If the goods become damaged or unavailable due to negligence or malicious damage by the guests the client will be required to pay Nomadika the hire fee for the whole period that the goods are unavailable or unusable.

10.7 Where installation takes place on a client’s property, the client is responsible for notifying Nomadika of any conditions that could reasonably be considered to constitute a hazard to installation. Where the client fails to give such notice and Nomadika property is damaged as a result, the client will be responsible for the cost of such damage.

11. Personal property

11.1 Nomadika will not take any responsibility under any circumstances for the personal possessions of the guests during the rental period.  Any possessions left unattended in the tents are done so entirely at the guest's own risk.

12. Insurance

12.1 Nomadika will at all times be covered by a general insurance policy to protect against (but not limited to) third-party risk, public liability, product liability, damage and destruction.

12.2 The client may take out their own insurance policies or ask Nomadika to extend theirs in certain situations. The client will be responsible for paying any excess insurance costs above Nomadika's general insurance policy.

12.3 The risk for any exclusions under Nomadika’s insurance passes to the client on delivery of the Equipment. These exclusions include (but are not limited to):

(i) Insurance excess.

(ii) Unexplained disappearance of any goods belonging to Nomadika.

(iii) Acts of fraud or dishonesty on behalf of the client or guests.

(iv) Breach of Nomadika terms and conditions causing the insurance policy to be invalidated.

(v) Failure to report the loss, damage or theft of any goods to Nomadika within 24 hours.

13. Liability to third-parties

13.1 The client hereby releases Nomadika from, and agrees to indemnify Nomadika in respect of any third-party claims, action, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the goods by the client or any third party using the goods during the rental period, or these terms and conditions.

13.2 Nomadika will not be responsible for and the client will indemnify Nomadika against all claims for the injury to persons or loss or damage to property howsoever caused unless it be proved that such injury or damage was caused by negligence of Nomadika.

14. Force Majeure

14.1 While every effort will be made by Nomadika to fulfil the needs of our guests, Nomadika will not be liable for any Act of God including but not limited to fire, flood, storm or natural disaster; War, civil war, sabotage or act of terrorism; Government sanction, embargo, import or export regulation or order; labour disputes, including strikes, lockouts, boycotts or other industrial action; Failure in the transportation of equipment, machinery or personnel or in the provision of any utility including power, gas, water, or communication services. Requisitioning storage of material, transport or labour or any other cause beyond the control of Nomadika. (See also 9.6)

16. Governing Law

This agreement will be governed by the law of Western Australia.