ESCA - Luxury Immersed

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TERMS AND CONDITIONS —

Your booking of an accommodation booking is confirmed when: (1) you have made the booking and have provided ESCA with all necessary information to complete the booking; and (2) you have paid us a portion or all of the cost for the accommodation, according to the terms of this agreement; and (3) we have sent you a Booking Confirmation, as recorded in our systems.

FEE

The Fee for your accommodation booking is the amount stated in your Booking Confirmation. You may also be required to pay other amounts in accordance with the terms of this agreement.

INCLUSIONS

Your Booking Confirmation sets out the details of all goods and services that are included in your accommodation booking.

EXTRAS

‘Extra’ includes any tours, transport services, activities, in-room additional amenities or provisions made available through ESCA, whether by ESCA or by a third-party operator. All Extras are subject to availability, minimum participation requirements & prevailing weather conditions at the time of operation. ESCA will endeavour to provide the Extra, or facilitate the third-party operator in providing the Extra, but reserves the right to refuse requests for bookings or actual bookings. An Extra may be cancelled up to the time of departure if it is the opinion of the relevant third-party operator that the weather or any other conditions are such that it would be unsafe to conduct the Extra. A full refund of the value of the cancelled component of the Extra will be applicable in this event.

PETS

Pets are not allowed. Service Pets are allowed if the owner can supply a Certificate to authenticate their status. Certificates should be sent to stay@esca.com.au.

CHILDREN

Children aged under 5 years are not catered for (including newborns and infants) and ESCA reserves the right and full discretion to not accept bookings for children within this age bracket.

The maximum occupancy of rooms does not allow for additional guests. ESCA can make an exception to this for a third person if that third person is an infant that sleeps in a cot. The adult guests must bring their own cot to the room.

FEES FOR DAMAGE OR EXCESSIVE UNTIDYNESS

We appreciate you respecting and taking care of our special place while you stay with us. We very much appreciate if you would take care of the following before you check out:

Check all doors and windows to be sure that they are closed.
Leave all items originally from the suite in the suite (such as umbrellas, books, etc).
Clean and store all crockery, cutlery and glassware or load in the dishwasher and turn it on.

In the event of the property being left in an excessive dirty or untidy state, and charge may be made to guest's credit card on file. All such charges are subject to the managers' discretion.

2. PAYMENT

ACCOMMODATION AND EXTRAS BOOKINGS

All accommodation and additional Extras bookings must be paid in full at the time of reservation by provision of credit card details.

A booking confirmation email must be obtained. If a booking confirmation email is not obtained, the booking is not confirmed. It is the responsibility of guests to review the booking confirmation email and promptly advise ESCA if there are any errors or misunderstandings.

By providing credit card details, guests warrant they have the authority to use the credit card and they authorise ESCA Suites (trading as “ESCA”) to charge the cost of their booking(s) to that credit card.

Where guests make bookings for additional Extras during their stay, the Extras price will be charged to their room for full payment through the guaranteed credit card. In the event ESCA or a third-party operator cancel an Extra booked by guests, all monies paid for that Extra booking will be refunded in full within 14 days of the date of cancellation.

The liability of ESCA arising from any cancellations of accommodation or Extras by ESCA or a third-party operator is limited to the amount paid for the cancelled booking.

FOOD & BEVERAGE

While some items in room are included in the accommodation booking fee, some items are available to be purchased at additional cost. Following a stocktake of the in-room food and beverage provisions after guest checkout, ESCA reserves the right to charge any items that incur an additional cost not paid for by the guest at the time of checkout to the guaranteed credit card for that suite.

TRAVEL INSURANCE

Our suites are located in remote Australian regions, which sometimes results in severe weather events and bushfires. As a result, we recommended you purchase travel insurance to protect you in unforeseen circumstances.

3. DAY OF ARRIVAL - CHECK IN

ESCA will automatically check you in on your day of arrival and send you a door access code for your suite an hour before your anticipated arrival via SMS or email. Please ensure you travel with a mobile phone with internet access in order to ensure best communication with us during your stay.

DANGEROUS GOODS

Guests must not bring onto ESCA premises’ any items which in our opinion are dangerous, illegal, liable to damage our suites and property, or are otherwise unsuitable. ESCA reserves the right to reject any guest that fails to comply with this clause.

4. GUEST CODE OF CONDUCT

Our Guest Code of Conduct calls for reasonable standards of behaviour to help all our guests have an enjoyable, safe and secure holiday.

The Code applies to all aspects of your ESCA stay, including inside our suites, at our suite properties, and time spent on an Extra tours or experiences.

Although the Code doesn’t explicitly cover every possible situation, it is a strong general statement on the standards of behaviour that are expected while on an ESCA visit.

Do not use offensive or abusive language with other guests or staff during your visit.
Keep noise levels appropriate to the time and location.
Behave in an appropriate manner at all times. Do not engage in abusive behaviour such as uninvited physical contact, harassment, theft or violence.
Treat other guests with respect.
Treat our staff members, contractors, and partners with respect and remember that the location is their workplace.
Do not photograph or video other guests or staff without their consent.
Do not engage in unsafe behaviour of any kind.
Do not enter staff areas. Guest entry into staff areas is not permitted.
Do not engage in inappropriate public behaviour particularly any action that would be unacceptable in a public place.
Be responsible in relation to alcohol use. ESCA has a strict RSA (Responsible Service of Alcohol) policy which we strictly enforce.
Do not supply alcohol to a minor even if the child is a member of your own family or to a guest who you believe may be intoxicated. It is illegal to do so and it is also against ESCA policy. The legal drinking age is 18.

Failure to adhere to the Guest Code of Conduct can have consequences, including ESCA cancelling your booking are visit on the spot, and without refund; bans on future visits to ESCA sites; reporting to appropriate government and law enforcement authorities. Any costs involved in these consequences will be the responsibility of the guest.

Everyone shares a responsibility for safety and security at ESCA sites. It is vital to report any unsafe or potentially illegal behaviour immediately to ESCA staff on site or at

stay@esca.com.au.

NO SMOKING POLICY

All ESCA suites are non smoking inside in accordance with relevant state government regulations. Guests are not to smoke (including e-cigarettes) inside the suites.

5. GUEST AMENDMENTS AND CANCELLATIONS

GENERAL AMENDMENTS AND CANCELLATIONS

Subject to availability, you may amend your booking (the date of travel, the components of your package or the names of guests) as follows:

Cancellation of Booking 0-14 Days prior to Day of Check In:

No refund or rebooking for future travel allowed.
Guests forfeit their booking and right to a refund.

Cancellation of Booking 14-30 Days prior to Day of Check In:

50% refund, or
Guests may rebook for future travel in the next 12 months

Cancellation of Booking more than 30 Days prior to Day of Check In:

100% refund, or
Guests may rebook for future travel in the next 12 months

Note:

‘Days’ above are calendar days.

In the event of a booking amendment or cancellation, guests are entitled to an amendment or refund of their booking deposit per above UNLESS one of the following applies:

No amendment or refund will be granted where a booking is amended or cancelled for a stay(s) between 23rd December and 2nd January inclusive; or for the part of the booking which falls between these dates.
No amendment or refund will be granted in the event a guest does not arrive for their booking or amends or cancels on the scheduled date of check in.
No amendment or refund will be granted in the event a guest does not used their Extra(s) booked or amends or cancels on the scheduled date of check in.
An amendment or cancellation confirmation email must be obtained. These can be sent to stay@esca.com.au. If an amendment or cancellation confirmation email is not received, the booking remains in effect.

COVID-19 CANCELLATIONS

If lockdowns or border closures due to COVID-19 directly prevent guests from visiting ESCA under any possible circumstance, then ESCA will provide the following options regardless of the number of days prior to scheduled arrival:

Guests may rebook for future travel in the next 12 months

ADDITIONAL BOOKED ITEMS

We may cancel or modify additional booked items or experiences, such as in room upgrades or local tours, due to inclement weather, availability or other circumstances. Guests will be refunded the value of the cancelled item accordingly.

6. CANCELLATIONS

Your Accommodation or Holiday Package could be cancelled under one of the following three circumstances: (1) A cancellation arising from your actions, through no fault of ESCA – see ‘Guest Amendments & Cancellations’ (Section 5). (2) A cancellation by ESCA arising from external consequences that make our performance of the agreement impossible (for example a Force Majeure event) – see ‘Force Majeure Cancellations’. (3) A cancellation by ESCA – see ‘ESCA Cancellations’.

FORCE MAJEURE CANCELLATIONS

For all fare types, in the event of a Force Majeure Cancellation, ESCA will provide you with a credit of an amount equal to the monies paid to ESCA under the booking. The credit note can be applied to the cost of a future Accommodation booking with us. Time limits and other criteria and conditions may apply.

ESCA CANCELLATIONS

For all bookings, in the event of an ESCA Cancellation, ESCA will provide you with the option to receive one of the following: (1) rebooking your accommodation stay of the same value on at a later date within the next 12 months; or (2) a refund of an amount equal to the monies paid to ESCA under the booking.

REFUND PAYMENT

Any credit note or refund payable by ESCA under this agreement will be calculated to take into account the monies actually paid under the booking and the amount of the Accommodation or Package that has been used. Any refund will be payable to the person who paid for the booking or to the first person named on the booking. If a booking was made through a Travel Agent, any refund will be returned to that Travel Agent for their payment to the guest. Refund payments will be made within 30 days from approval of refund.

7. BUSHFIRE POLICY

Some locations of ESCA can be prone to bushfires. On such occasions, these events can prevent guests from reaching or leaving ESCA because it would be unsafe to do so. Due to this, we recommend that all guests purchase appropriate travel insurance when visiting ESCA. By making a booking at ESCA you agree to the terms and conditions set out in the ESCA Bushfire Policy.

ESCA BUSHFIRE POLICY.

The purpose of this policy is to ensure the safety of all guests at ESCA locations.

ESCA follows the bushfire alert levels of South Australia Police and Country Fire Service. Please note that we are unable to allow guests to stay at ESCA Nest & Nature is the bushfire alert level is at Catastrophic.
If access to ESCA is officially cut off (as determined by South Australia Police) and is still cut off at 12pm on the day you are due to arrive, or the bushfire threat level is set at Catastrophic on a day of your booking; your booking will be cancelled, and you will receive a credit for the value of your cancelled booking, or if partially cancelled, the pro-rata amount of the cancelled part of your booking.
Where a road is officially cut off (as determined by South Australia Police) but a reasonable alternative route is available; you may proceed at your own risk and your booking will not be cancelled. No refund will be given if you choose to cancel your booking.

Your safety is very important to us. Any changes to bookings or access routes resulting from a bushfire event will be communicated to all guests with sufficient notice by the ESCA team via phone as a preference or any means practical after that.

Official Updates about Road Closures can be found on the South Australia Police website. Official Updates about Bushfires can be found on Country Fire Service website.

8. WARRANTIES, EXCLUSIONS AND LIMITATION OF LIABILITY

To the extent permissible by law (and without limiting the operation of any statutory guarantee under the Australian Consumer Law), ESCA will not be liable for any death or personal injury, loss of or damage to luggage or goods, consequential losses, loss of profit or any similar claims arising from any use of the services or arising out of ESCA’s negligence, including delay, or any inaccuracy with respect to information relating to the accommodation or package booking. To the extent that part of the services are supplied to the guest by a third party, any warranty offered by ESCA in relation to those services will be limited to ESCA’s right of redress against the third party arising out of any alleged fault or defect in the services. Whilst every effort is made to ensure details of accommodation booking remain accurate, situations may arise outside of ESCA’s control where a third-party supplier must be substituted or amended. ESCA will not be liable to refund guest payments as a result of amended experience, which are subject to change without notice. Nothing in this agreement restricts, limits, or modifies your rights or remedies as a consumer against ESCA for failure of a statutory guarantee under the Australian Consumer Law.

NO LIABILITY FOR OTHER PARTS OF GUEST’S HOLIDAY

To the extent permitted by law, ESCA is not liable for any loss or damage suffered in relation to a guest missing a connecting experience with another company, as a result of any cancelled ESCA booking.

9. MISCELLANIOUS

GIFT VOUCHERS

ESCA does not currently offer Gift Vouchers. We hope to add this soon.

MISCELLANEOUS SURCHARGES

We are entitled to charge up to 5% surcharge depending on your payment method.

WAIVER AND AMENDMENT

A provision of this agreement may not be amended or waived except in writing signed by an authorised representative of ESCA.

ENFORCEABILITY

If a term of this agreement is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the condition shall be severed from this agreement without affecting the enforceability of the remaining conditions.

DISCLAIMER

Images in any of our brochures or advertising materials are indicative only and may not reflect the exact experience or destination.

THIRD PARTIES

In order to provide you with the goods and services that are included in your accommodation or package booking, we may use third party providers. You agree that we may pass on to you any costs, fees, or terms that they apply to us under our agreement with them. You agree that we may pass on to the third party providers your personal information for booking purposes only.

10. DEFINITIONS

Australian Consumer Law means the Australian Consumer Law as that term is defined in the Competition and Consumer Act 2010 (Cth).
Booking Confirmation means the notification from us to you containing the details of your booking.
Deposit means the amount of money payable for certain fares as set out in clause 2.
Dollars or $ means Australian Dollars.
Force Majeure event means an event or circumstance which is beyond our control and without our fault or negligence and which was not reasonably preventable, including: (a) riot, war, invasion or acts of terrorism; (b) requisition or compulsory acquisition by any governmental or competent authority, a material change in legislation or directions by a government authority; (c) medical outbreak, pandemic, or contamination of any kind; (d) earthquakes, flood, fire, or other physical natural disasters; and (e) strikes or industrial disputes which affect an essential part of the service.
Guest means anyone travelling with us under your booking.
Package means any non-accommodation good or service offered by us comprising other guest experience components provided to you by third parties.
We/us means "ESCA", Esca Suites ABN 63 645 357 099, (Escapod Pty Ltd).
Website means www.esca.com.au
You means the person or entity that made the booking and is named as the lead person in the Booking Confirmation.

FURTHER QUESTIONS?

Get in touch with our friendly team, and we will do our best to address your questions promptly.

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