BEAUTY POINT TOURIST PARK

Terms and Conditions 

Important: Please read these terms and conditions carefully.

In these Terms and Conditions:

  • We, our, us, the Company mean Beauty Point (Tas) Pty Ltd (ACN 606 242 988) and Beauty Point Trading Pty Ltd (ACN 644 047 414) where the context requires or permits includes their related bodies corporate (as defined in the Corporations Act 2001 (Cth)) and any employees or agents of those entities.
  • You and your mean the person(s) who is (are) accessing or using the Park, including Site Users and Park Users.
  • Beauty Point Tourist Park, BPTP, the Park mean real property at 36 West Arm Road, Beauty Point in Tasmania and/or the business services of the Company as a caravan and tourist park.
  • Fee means sums payable by Site Users for the use of a Site in the Park, and may include fees for electricity, rubbish, and other services.
  • Site User means persons who may be granted a non-proprietary licence by us to use certain Site(s) within the Park for a Fee.
  • Park User means any person accessing the Park, including you, Site Users, guests, employees, and agents of BPTP.
  • Site means an area within the Park allocated by us for your non-proprietary use including for a Fee.
  • Force Majeure Event means a declaration of a state of emergency, an act of God, labour or industrial relations dispute, a lockout, act of terrorism, any law, order, direction, restriction or alert issued by, or any acts of, any government authority mandating, imposing or requiring restrictions on access to, or closure of, the Park, or the movement of people, war, sabotage, blockade, riot, civil disturbance, outbreak of infectious disease, epidemic or pandemic disease, (including for the avoidance of doubt COVID-19), hurricane, cyclone, tidal wave, landslide, lightning, earthquake, flood, storm, environmental disaster, fire, explosion, failure of power supply, cyber-attack, embargo, material disruption to domestic and international inbound travel transportation systems, material labour shortages, or damage or destruction of the Park or similar event.

By entering and/or using the Beauty Point Tourist Park you agree to these Terms and Conditions:

Agreement

  1. If upon entry to the Park you do not accept these Terms and Conditions, you and any vehicle in which you entered must immediately leave the Park. By remaining in the Park after entry you accept and agree to be bound by these Terms and Conditions.

Non-proprietary licence

  1. You agree that any use of a Site is a non-proprietary licence terminable at will by us with or without cause orally or in writing, and is not, has not been, and never will be a lease or any other form of proprietary interest.

Directions

  1. In addition to these Terms and Conditions, you must comply with all rules and directions displayed within the Park and any directions given to you by us.
  2. You agree that we may limit or place restrictions on access by any person to the Park at any time, including you or your family members or guests and visitors.

Enter at own risk

  1. You enter and use the Park at your own risk.
  2. We are not responsible for your security, the security of your vehicle or any property brought into the Park.

Release and indemnity

  1. You release us from all actions and demands due to any loss, death, damage or injury including personal injury occurring in the Park.
  2. You agree that we are not liable for any loss or damage to, without limitation, any person, vehicle, accessories, contents or personal property the Site or in the Park.
  3. You agree that we are not bound by any of these Terms and Conditions, and that we may change or amend them at any stage. You agree to hold us harmless in respect of any alleged breach by us of the same, and in respect of any negligence, and that these Terms and Conditions may be plead as a bar to any action or proceedings against us.
  4. You indemnify us as a debt immediately due and payable in respect of all losses, costs including “indemnity” legal costs and/or expenses that we may suffer or incur in respect of:
    • any breach of these Terms and Conditions by you;
    • your Vehicle; or
    • your use of, or unlawful conduct in or in connection with, the Park.

Fees

  1. You agree that:
    • we determine the amount of the Fee payable by you (amount);
    • we determine when those Fees become payable (e.g. fortnightly in advance, immediately upon entry) (duration); and
    • such Fees become due and payable in accordance with our determination of the amount and duration, and in any other event upon demand by us.
  2. You agree that you will pay to us, and remain personally liable to pay, any applicable Fee as determined by us, including any additional charges incurred by you, in full up until the time you advise us that you have departed from the Park.
  3. You agree that your use of any Site for a Fee payable to us on a fortnightly or any other basis:
    • may be terminated by us with or without cause (which may or may not include a cause related to a Force Majeure Event); and
    • in that event, you will within 28 days remove all vehicles and property from the Site, failing which you permit and authorise us to remove the same at your expense, which expenses (including “indemnity” legal costs, and storage costs) you agree become a debt immediately due and payable by you.

Site Users using a Site for 14 days or more

  1. Site Users using a Site for 14 days or more agree:
    • to maintain a neat and tidy lawn on the Site by using our lawn mower(s);
    • to maintain a neat and tidy Site, including by not allowing rubbish to accumulate;
    • not to prune any of our trees, hedges, branches, or plants without our prior written permission.
    • not to place clotheslines in any areas unless we give our prior written approval;
    • not to undertake any works or repairs on any Site without our prior written approval.

All Users

  1. You agree to the following:

Directions/Fire

  • to comply with our directions from time to time (oral or written) regarding fire restrictions;
  • not to light any open fires within the Park or use any fire pots, braziers or brick barbecues;
  • to install, at your expense, a working fire alarm in your accommodation on the Site whilst you are using the Site;
  • if using gas cooking or heating, to ensure it is compliant with relevant laws and standards, and display its compliance plate;

Behaviour

  • to behave in a respectful matter at all times in the Park;
  • not to act in a manner which brings the Park or our staff into disrepute, or in a manner which damages their reputations;
  • to be responsible for the conduct and behaviour of any of your guests or visitors to your Site by ensuring they comply with these Terms and Conditions and any of our directions;
  • to comply with all our directions, from time to time (oral or written) including any directions to leave the Park immediately including if we believe (in our absolute discretion) that your behaviour or the behaviour of your guests or visitors warrants it;

Noise

  • to minimise noise on your Site, and cease noisy activities at 9:00pm;

Guests

  • to only have guests or visitors between the hours of 7:00am and 9:00pm and only when you are present on your Site;

Policies

  • to abide by any of our policies from time to time, including policies about animals and pets at the Park;

Vehicles

  • to only have one vehicle belonging to you on a Site unless we agree in writing otherwise;
  • to not allow your guests or invitees to park their vehicles on your Site or on any adjoining or other Sites or areas near your Site including roadways or grassed areas;
  • to drive any vehicle within the Park at no more than 10km/hr;
  • to ensure any of your vehicles are registered and insured and provide us with proof of the same upon request, failing which you authorise us to restrict access to them and remove them from the Park at your expense which expenses (including “indemnity” legal costs, and storage costs) you agree become a debt immediately due and payable by you.
  • not to carry out any vehicle repairs or vehicle maintenance at the Park;

Right of Entry

  • that we may enter your Site:
    • without notice in order to maintain our plants and hedges or common areas or in the event of an emergency, or if delay is likely (in our absolute discretion) to cause damage, or if your Site appears (in our absolute discretion) to be abandoned, or if we (in our absolute discretion) believe you are in breach of these Terms and Conditions;
    • with 2 days prior oral or written notice to inspect the Site for any reason;

Leaving the Park

  • when leaving the Park, to leave the Site in a clean and tidy state restored to a state appearing like vacant land taking all your possessions, vehicles, chattels and and any of your fixtures or fittings with you, failing which you authorise us to remove them from the Park at your expense which expenses (including “indemnity” legal costs, and storage costs) you agree become a debt immediately due and payable by you.

Governing Law

  1. These Terms and Conditions are governed by the laws of Tasmania.

Entire Agreement

  1. These Terms and Conditions constitute the entire agreement between us and you and supersede any prior agreements or understandings, whether written or oral.