Additional legal terms

General

These additional terms (Additional Terms) apply in addition to agreement and related terms and conditions (Agreement Terms) provided to a Client by NRMA in connection with a group booking. Together, the Agreement Terms and the Additional Terms are referred to as the ‘Terms’ in these Additional Terms.

GST

1. If GST has application to any provision of services under or in connection with these Terms and GST is expressly stated as not included in the relevant amounts payable under these Terms, NRMA may, in addition to any amount or consideration payable under this document, recover from the Client an additional amount on account of GST, such amount to be calculated by multiplying the amount or consideration payable by the Client for the Services by the prevailing GST rate.

2. Any additional amount on account of GST recoverable from the Client under this clause shall be calculated without any deduction or set-off of any other amount and is payable by the Client upon demand by NRMA whether such demand is by means of an invoice or otherwise.

3. Any capitalised terms used in this GST clause that are not otherwise defined in this document have the meaning given in the GST Act.

Services

Subject to the Client not being in breach of these Terms, NRMA agrees to provide the Services to the Client and its Guests during the booking period.

NRMA’s obligations

1. NRMA must provide the Services:

   1. to a reasonable standard with due care and skill in a safe, lawful and professional manner;

   2. using suitably qualified and experienced Personnel; and

   3. in accordance with:

      1. all applicable laws and regulations relating to the provision of the Services; and

      2. these Terms.

2. NRMA will not be responsible for arranging or facilitating any medical assistance or treatment required by the Client or any Guest at the Property.

3. If the Client requires additional services, NRMA may agree to provide those additional services in its discretion for an additional fee to be agreed between the parties. NRMA will not be required to perform any additional services until such terms are agreed.

Client’s obligations

The Client must, and must ensure that its Guests:

1. use the Sites, common facilities, and the Property:

   1. in a safe, lawful and considerate manner;

   2. in accordance with the relevant Property rules and NRMA policies, including without limitation any noise curfews;

   3. in accordance with the reasonable directions issued by NRMA from time to time;

   4. in accordance with all applicable laws and regulations; and

   5. in accordance with these Terms;

2. comply in all respects with the NRMA policies;

3. ensure that any children and infants are supervised by a responsible adult or guardian at all times while within the Property;

4. leave the Site, common facilities and the Property in a clean and tidy condition at the departure date, including without limitation by placing all rubbish in the rubbish hoppers provided;

5. do not use the Sites, common facilities and the Property in any manner that may cause a nuisance or otherwise interfere with any other persons in or surrounding the Property;

6. do not:

   1. sublet, resell or resupply the Services without NRMA’s prior written consent;

   2. disseminate, reproduce or display any information about NRMA, the Property or the Services without NRMA’s prior written consent, including without limitation in relation to the amounts payable in connection with these Terms or these Terms generally; or

   3. engage in disruptive, aggressive, abusive or destructive behaviour. If this occurs, NRMA may request that the Client and/or its Guests immediately leave the Property and all amounts paid by the Client in connection with the booking will be forfeited by the Client accordingly; and

7. warrant that all information provided to NRMA in accordance with the Services is true, accurate and complete.

Intellectual Property Rights

1. The Client acknowledges that, and must ensure that its Guests acknowledge that, the NRMA IP is and remains the exclusive property of NRMA or, where applicable, the third party licensor from whom NRMA derives the right to use them.

2. Nothing in these Terms has the effect of assigning or purporting to assign to another party any Third Party IP.

Indemnity

The Client must indemnify, and must procure that each Guest indemnifies, and agree to keep indemnified NRMA and its Personnel from and against all Claims (including third party claims) arising from or in connection with:

1. a breach by the Client or any Guest of these Terms;

2. any loss of or damage to property related to the Services caused or contributed to by an act or omission of the Client or any of its Guests;

3. any personal injury or death related to the Services caused or contributed to by an act or omission of the Client or any of its Guests; and

4. any negligent or fraudulent act or omission of the Client or any Guest,

except to the extent that the Claim is directly caused by NRMA or its Personnel.

Limitation of liability

General

This clause sets out the entire financial liability of the parties (including any liability for the acts or omissions of their Personnel) to each other in respect of:

1.  any breach of these Terms;

2. any use made of the Services; and

3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.

Client’s responsibilities

1. Without limiting any other provision of these Terms, the Client acknowledges and agrees that it is responsible for:

   1. the Guests complying with these Terms;

   2. any acts or omissions of the Guests;

   3. any damage or loss to a Site, any common facilities or the Property that is caused or contributed to by any acts or omissions of the Guests (except for fair wear and tear),

2. The Client must pay NRMA on demand for all costs associated with its responsibilities.

Exclusion of liability

Except for any warranties expressly set out in these Terms:

1. NRMA makes no warranties with respect to any Services and, to the extent permitted by law, disclaims all statutory or implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, or arising from a course of dealing or usage of trade and any warranties of non-infringement.

2. NRMA will not be responsible for:

   1. any errors, omissions or inaccuracies made by the Client in completing a booking request;

   2. any faults, service failures or interruptions to the Booking System;

   3. any Claims arising from or in connection with a failure, shortage or interruption of power or other utility or resources of any kind at a Property.

3. NRMA is under no obligation to provide a specific Site to the Client and each Site will be selected for a booking request by NRMA in its sole discretion.

4. the Client must, and must ensure that each Guest, acknowledges and agrees that:

   1.  the Guests use the Services, the Site, the common facilities and the Property is solely at their own risk;

   2. engaging in any activity for recreation, enjoyment, leisure or relaxation on or near a Property involves the risk of harm or serious personal injury including without limitation death, drowning, head, eye or spinal injury, paralysis, broken limbs or strains and NRMA accepts no responsibility for any such risk or injury except as expressly set out in these Additional Terms; and

   3. prior to undertaking any such activity, the Guests will satisfy themselves that they are aware of all risks involved, including without limitation any risks associated with any pre-existing health conditions.

Maximum liability

NRMA’s total liability for any Claims arising under or in connection with these Terms, whether in contract or tort (including negligence) or otherwise, is limited to the total amounts paid by the Client to NRMA in connection with the booking.

Mitigation

Each party must mitigate any loss they suffer as a result of the breach by the other party to these Terms or any warranty or indemnity provided under these Terms.

Consequential Loss

To the extent permitted by law, neither party nor any of its Personnel shall be liable to the other party for any Consequential Loss.

Australian Consumer Law

If the Australian Consumer Law applies to the supply of goods or services under this document, NRMA acknowledges and agrees that its goods and services come with a guarantee that cannot be excluded under the Australian Consumer Law, and that the following mandatory notice under section 102(1) of the Australian Consumer Law that must be provided to the Client will apply:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and

• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Force Majeure

General

Neither party shall be liable for any delay or failure to perform its obligations pursuant to this document if such delay is due to a Force Majeure Event.

Notification

1. If a Force Majeure Event occurs, the party that is or may be delayed in performing its obligations under these Terms (

   Affected Party

   ) shall notify the other party without delay giving the full particulars of the Force Majeure Event and must use its best endeavours to remedy the situation without delay.

2. When the Affected Party is no longer delayed in performing its obligations under these Terms, the Affected Party must provide notice to the other party without delay of the cessation of the Force Majeure Event.

3. Following notice under clause 1.1(b), the parties must meet without delay to agree a mutually acceptable course of action to minimise any effects resulting from the Force Majeure Event.

Termination

1. Either party may terminate these Terms on written notice to the other party if a Force Majeure Event continues for a continuous period of 60 days.

2. If these Terms are terminated for a Force Majeure Event by:

   1. the Client, all amounts paid by the Client in connection with the booking will be refunded by NRMA within a reasonable time, except for the Deposit; or

   2. NRMA, all amounts paid by the Client in connection with the booking will be refunded to the Client in full.

General

NRMA Group

The provisions of this document may be enforced by NRMA as an agent for, and for the benefit of, any member of the NRMA Group.  The parties acknowledge that NRMA enters into the document on its own behalf and as agent for the other members of the NRMA Group.

Variation

Where a variation to these Terms would:

1. have a material adverse effect on the Client, NRMA may vary these Terms at any time by notifying the Client at least 14 days prior to the variation coming into effect. If the Client does not agree to the variation, the Client may terminate these Terms without penalty by providing NRMA with written notice prior to the date that the variation will take effect. NRMA will give the Client an additional notice three days before the expiration of that period; or

2. not have a material adverse effect on the Client, NRMA may vary these Terms at any time by notifying the Client at least 14 days prior to the variation coming into effect.

Assignment

1. The Client must not assign, in whole or in part, any of its rights and obligations under these Terms without the prior written consent of NRMA.

2. NRMA may assign, novate or otherwise transfer, in whole or in part, any of its rights and obligations under this document without the prior written consent of the Client. The Client shall execute all documents reasonably required to give effect to this clause.

3. NRMA may subcontract, in whole or in part, any of its rights and obligations under this document without the prior written consent of the Client.

Miscellaneous

1. A clause or part of a clause of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining clauses or parts of the clause of these Terms continue in force.

2. The laws of New South Wales govern these Terms. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales and courts competent to hear appeals from those courts.

3. These Terms supersede all previous agreements about its subject matter. These Terms embodies the entire agreement between the parties.

4. A right under these Terms may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in that waiver.

Notices

A notice, consent or communication under these Terms must be in writing, signed by or on behalf of the person giving it, addressed to the receiving person using the contact details provided by that person from time to time, and will be given and received as follows:

1. if it is hand delivered, on the day it is given;

2. if it is sent by post, three Business Days after posting; and

3. if it is sent by email, that day, if the time of departure from the sender’s mail server is before 5.00pm on a business day, or the next business day in any other case.

Defined terms & interpretation

Defined terms

In addition to the defined terms in the Agreement Terms, the following definitions apply to these Additional Terms:

Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).

Booking System means:

1. the phone number for the relevant Property;

2. the Ivy booking system if made available by NRMA; or

3. any other booking system utilised by NRMA from time to time.

Business Day means a day that is not a Saturday, Sunday or public holiday in Sydney, New South Wales.

Claims means all losses, liabilities, demands, claims, costs and expenses of any kind.

Consequential Loss means any consequential, special, indirect or incidental loss including without limitation loss of profit, loss of revenue, business interruption, loss of business, loss of opportunity, loss of reputation or loss in connection with breach of third party contracts or arrangements.

Force Majeure Event means an act of God, national emergency, terrorist act, sabotage, flood, storm, earthquake, fire, explosion, pandemic, epidemic, government-imposed lockdown or similar restriction applying to a Guest and/or a Site or Property, civil disturbance, insurrection, riot, war, industrial action, lockout, rebellion, quarantine, embargo, other similar governmental action or a general and continued energy shortage, power or utilities interruption or failure or any act or omission of NRMA, but cannot apply with respect to the payment of money due under these Terms.

GST has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended from time to time.

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended from time to time.

Intellectual Property Rights means all industrial and intellectual property rights throughout the world, whether registered, unregistered or unregistrable, including all copyrights, patents, trademarks, service marks, designs, confidential information, trade secrets, know how, data and databases, systems and domain names.

NRMA Group means NRMA and any related body corporate of NRMA as determined under section 50 of the Corporations Act 2001 (Cth).

NRMA IP means any Intellectual Property Rights owned by NRMA as at the Arrival Date or which are created or derived independently by NRMA of these Terms and includes any improvements to such Intellectual Property Rights.

Personnel means a party’s directors, officers, employees, agents and contractors, as the context permits.

Third Party IP means Intellectual Property Rights proprietary to third parties (including open-source software) which are utilised by NRMA in connection with the NRMA IP.

Interpretation

In these Terms:

1. a reference to a party to these Terms or any other document or agreement includes the party’s successors, permitted substitutes and permitted assigns;

2. a reference to a document or agreement (including a reference to these Terms) is to that document or agreement as amended, supplemented, varied or replaced;

3. a reference to a person includes a corporation, trust, partnership, unincorporated body, government and local authority or agency, or other entity whether or not it comprises a separate legal entity;

4. a reference to ‘$’ or ‘dollar’ is to Australian currency;

5. if a word or phrase is defined, its other grammatical forms have a corresponding meaning; and

6. the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’, or ‘for example’ (or similar phrases) do not limit what else might be included.