Broke Away Terms & Conditions

Terms and Conditions For Guest and Website Users 

1. About Broke Away

Broke Away Country Escapes, owned and operated by Sionnach Beag Pty Ltd (“Broke Away”, “we”, “us” or “our”), is a locally run referral platform helping visitors discover accommodation, wedding and event venues, transport, food and drink, experiences and other local services in the Broke Fordwich region of the Hunter Valley.

Broke Away provides information and connections to independent accommodation providers and local businesses. Unless specifically stated otherwise, we do not provide, manage or operate the accommodation or services displayed on the website.

2. Broke Away Is a Referral Platform

Broke Away helps users discover local businesses and services and, where applicable, directs users to the relevant provider or their nominated booking platform.

Broke Away does not:

  • take or manage accommodation bookings;
  • process accommodation payments;
  • set accommodation prices, deposits or bonds;
  • determine cancellation or refund policies; or
  • become a party to an agreement between you and a third-party provider.

When you make a booking or purchase a service, you are entering into an agreement directly with the relevant provider or booking platform. Their own terms, conditions, payment requirements and cancellation policies apply.

Please review those terms before making a booking or payment.

3. Accommodation Availability

Some accommodation listings on Broke Away display availability supplied by property owners or synchronised from external booking calendars.

Availability is provided as a guide only and may be affected by calendar synchronisation delays, cancellations, new bookings or other changes outside Broke Away’s control.

Displaying a property as available on Broke Away does not guarantee that the property remains available to book.

Final availability, pricing and booking details must be confirmed directly with the accommodation provider or through their nominated booking platform.

4. Venue Proximity, Maps and Distances

Broke Away may help users find accommodation based on proximity to a selected wedding or event venue.

Properties may be displayed or ordered according to their approximate proximity to the selected venue and other relevant search criteria.

Maps, distances, travel times and property locations are provided as a guide only and may rely on information supplied by property owners and third-party mapping services.

Actual travel distances and times may vary due to road access, route selection, road conditions, closures and other factors.

We recommend checking your travel arrangements before your stay or event.

5. Listing and Business Information

We make reasonable efforts to provide useful and current information about accommodation and local businesses.

However, information may be supplied by property owners, venues, service providers or other third parties and can change without notice.

Broke Away does not guarantee the accuracy or completeness of information including:

  • prices and availability;
  • property facilities and inclusions;
  • guest capacities;
  • photographs and descriptions;
  • opening hours;
  • menus or services;
  • event information;
  • transport availability; or
  • third-party booking information.

Where possible, we personally visit or familiarise ourselves with accommodation listed on Broke Away. However, inclusion on Broke Away does not constitute certification, accreditation or a guarantee of the quality, safety or suitability of a property or business.

6. Your Bookings and Third-Party Providers

Any booking, purchase or service arrangement you make as a result of information found on Broke Away is between you and the relevant third-party provider.

The provider is responsible for delivering the accommodation, product or service you purchase.

Any questions, changes, cancellations, refunds, complaints or disputes relating to a booking should be directed to the provider or booking platform through which the booking was made.

7. Transport

Broke Away may provide information about local transport operators and services to help visitors plan safe transport during their stay.

Transport services are provided by independent third-party operators.

Users are responsible for confirming availability, pricing, pickup and drop-off arrangements and any applicable terms directly with the transport provider.

Broke Away does not guarantee that transport will be available for a particular date, event or location.

8. User Responsibilities

When using Broke Away, you are responsible for checking information relevant to your individual requirements before making a booking or purchasing a service.

This may include confirming:

  • availability and pricing;
  • booking and cancellation conditions;
  • property location and access;
  • guest capacity;
  • facilities and inclusions;
  • accessibility requirements;
  • transport arrangements; and
  • any other requirements important to your stay or visit.

You must not misuse the website, attempt to interfere with its operation, submit false or misleading information, or use Broke Away for unlawful purposes.

9. Third-Party Websites and Links

Broke Away contains links to third-party websites, booking platforms and other online services.

These websites are operated independently of Broke Away. We are not responsible for their content, availability, security, privacy practices, pricing or transactions.

Following a link from Broke Away does not mean we control or guarantee the third-party website or services provided through it.

10. Liability

To the extent permitted by law, Broke Away and Sionnach Beag Pty Ltd are not responsible for loss, damage, injury, cancellation, inconvenience or expense arising from:

  • accommodation or services provided by third parties;
  • a booking made with a third-party provider;
  • inaccurate or outdated information supplied by a third party;
  • calendar or availability discrepancies;
  • changes or cancellations by accommodation or service providers;
  • acts or omissions of third-party businesses; or
  • reliance on maps, distances, travel times or other information displayed on the website.

Nothing in these Terms & Conditions excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under Australian Consumer Law or other applicable legislation.

11. Intellectual Property

Unless otherwise stated, the Broke Away name, branding, website design, written content and other original materials on this website are owned by or licensed to Sionnach Beag Pty Ltd.

Photographs, logos and other materials relating to individual properties and businesses may remain the intellectual property of their respective owners and are used with permission.

You may not reproduce, republish, distribute or commercially use website content without permission from the relevant rights holder, except where permitted by law.

12. Privacy

Personal information collected through Broke Away is handled in accordance with our Privacy Policy.

Third-party websites and booking platforms have their own privacy policies, and users should review these when providing personal information to those services.

13. Changes to the Website and These Terms

Broke Away may update the website, its features and these Terms & Conditions from time to time.

The current version of these Terms will be published on the Broke Away website.

Changes apply from the date the updated Terms are published, subject to any rights that cannot be excluded under applicable law.

14. Governing Law

These Terms & Conditions are governed by the laws of New South Wales, Australia.

Any dispute relating to these Terms or use of the Broke Away website will be subject to the jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from them.

15. Severability

If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision will be severed to the extent necessary and the remaining provisions will continue to apply.

16. Contact

If you have questions about these Terms & Conditions, please contact:

Broke Away Country Escapes
Owned and operated by Sionnach Beag Pty Ltd
Broke Fordwich, NSW
info@brokeaway.com.au

Terms and Conditions – Property Owners and Accommodation Providers

These Terms & Conditions apply to property owners, managers and authorised representatives who list accommodation with Broke Away Country Escapes, owned and operated by Sionnach Beag Pty Ltd (“Broke Away”).

By submitting, activating or maintaining a listing on Broke Away, you agree to these Terms & Conditions.

1. Property Listings

By listing a property with Broke Away, you confirm that:

  • You are the lawful owner, property manager or authorised representative of the property.
  • You have authority to advertise the property and accept bookings for it.
  • You will not list accommodation that you are not authorised to manage or advertise.
  • All information supplied to Broke Away, including descriptions, photographs, facilities, guest capacity, pricing, booking links and other details, is accurate and not misleading.
  • You are responsible for keeping your listing information current and notifying Broke Away of any significant changes.

Property owners remain responsible for ensuring their property and its operation comply with all applicable laws, registrations, licences, insurance requirements and short-term rental requirements.

2. Broke Away’s Role

Broke Away is an accommodation and local services referral platform.

We help visitors discover accommodation and other services and connect them directly with the relevant property owner, accommodation provider, booking platform or service provider.

Broke Away does not take or process accommodation bookings or payments and is not a party to any booking agreement between a guest and an accommodation provider.

Property owners and providers are solely responsible for matters including:

  • accepting, declining and managing bookings;
  • guest communication and screening;
  • pricing, deposits, bonds and payment terms;
  • cancellations and refunds;
  • property access and check-in/check-out;
  • cleaning, maintenance and property presentation;
  • guest complaints and disputes; and
  • any agreement entered into with a guest.

3. Availability and Calendar Information

Where a property provides calendar availability to Broke Away, including through an iCal feed or other calendar connection, the property owner is responsible for ensuring that information is maintained correctly at its source.

Availability displayed on Broke Away is provided as a guide and may be subject to delays, synchronisation issues or changes.

Broke Away does not guarantee that availability displayed on the website is current or accurate. Final availability must always be confirmed with the accommodation provider or through their nominated booking platform.

4. Listing Packages and Fees

Broke Away property listings are generally offered for a 12-month listing period, commencing from the date the listing is activated unless otherwise agreed in writing.

The fee, number of listings and inclusions applicable to each package are shown at the time of purchase.

Listing fees are for advertising and referral services provided by Broke Away. Broke Away does not charge commission on accommodation bookings generated through the platform.

Package fees and inclusions may change from time to time. Any changes will apply to future purchases or renewals and will not alter the inclusions of an existing paid package during its current listing term.

5. Free Trial

Broke Away may offer eligible new property owners a one-month free trial before purchasing a paid listing package.

The free trial:

  • is available once per property and property owner or management business;
  • cannot be repeatedly claimed by creating a new account, using a different email address or resubmitting the same property;
  • cannot be transferred, exchanged for cash or used as a credit against other fees;
  • may be refused or withdrawn where Broke Away reasonably believes a person, business or property has previously received a free trial; and
  • ends at the conclusion of the stated trial period unless otherwise agreed by Broke Away.

At the end of the free trial, the property owner must purchase an applicable Broke Away listing package for the property to remain actively listed.

Participation in a free trial does not create an obligation to purchase a paid listing. If the property owner chooses not to continue, the listing may be removed or deactivated at the end of the trial period.

Broke Away may change or withdraw its free trial offer for future participants at any time.

6. Featured Listing & Promotion Packages

Where a Broke Away package includes, or a property owner separately purchases, a Featured Listing & Promotion Package, the promotional period must be used during the applicable current listing period.

Featured promotional periods:

  • are subject to availability and should be booked in advance;
  • apply for the duration specified in the relevant package;
  • cannot be carried forward, accumulated or transferred into a subsequent listing period; and
  • expire at the end of the applicable listing period if they have not been used.

Renewing a Broke Away listing does not extend or reinstate an unused Featured Listing & Promotion Package from the previous listing year.

Unused promotional time has no cash value and cannot be exchanged for a refund or credit except where required by law.

Any additional inclusions or conditions applying to a Featured Listing & Promotion Package will be shown at the time it is purchased or booked.

7. Venue Proximity and Search Results

Broke Away may display accommodation according to factors including:

  • location;
  • proximity to wedding and event venues;
  • guest capacity;
  • availability;
  • listing information; and
  • selected listing or promotional package.

Distances, map locations and proximity information are provided as a guide only and may rely on mapping or location data supplied by third-party services.

Broke Away does not guarantee a property’s position or order within search results.

8. Listing Standards

Broke Away aims to provide visitors with useful, accurate and appropriate local accommodation information.

Where possible, we may personally visit or familiarise ourselves with properties before or during their listing period so we can better understand what they offer and who they may be suited to.

However, inclusion on Broke Away does not constitute certification, accreditation, endorsement or a guarantee by Broke Away regarding the quality, safety or suitability of a property.

Property owners remain solely responsible for their accommodation and the services they provide.

9. Right to Refuse, Edit, Suspend or Remove Listings

Broke Away reserves the right to refuse, edit, suspend or remove a listing where reasonably necessary, including where:

  • information is inaccurate, misleading or inappropriate;
  • the listing no longer meets Broke Away’s requirements;
  • significant or repeated guest complaints are received;
  • required listing fees remain unpaid;
  • the property owner breaches these Terms & Conditions; or
  • continued inclusion may reasonably damage Broke Away, its users or the local community.

Where appropriate, Broke Away will attempt to contact the property owner before suspending or removing a listing.

10. Images, Content and Intellectual Property

Property owners retain ownership of the photographs, descriptions and other materials they provide.

By providing content to Broke Away, you confirm that you have the right to use and share that content and grant Broke Away a non-exclusive licence to use, reproduce, resize, edit and display it for:

  • your Broke Away listing;
  • Broke Away website content;
  • social media;
  • email marketing;
  • digital or printed promotional material; and
  • other reasonable promotion of Broke Away, your property or the Broke Fordwich region.

This permission continues while your property is listed with Broke Away and for reasonable promotional material already published during that period.

11. Guest Relationships and Liability

Any booking or service agreement is between the guest and the relevant accommodation or service provider.

To the extent permitted by law, Broke Away is not responsible for loss, damage, injury, cancellation, booking disputes, property condition, service failure or other issues arising from accommodation or services provided by a third party.

Broke Away does not guarantee:

  • the accuracy of information supplied by property owners;
  • calendar or booking availability;
  • property quality or condition;
  • guest behaviour;
  • booking volumes; or
  • any particular commercial result from being listed.

Nothing in these Terms & Conditions excludes or limits any rights or remedies that cannot lawfully be excluded under Australian law.

12. Indemnity

To the extent permitted by law, property owners agree to indemnify Broke Away and Sionnach Beag Pty Ltd against claims, losses, damages or reasonable costs arising from:

  • the accommodation or services they provide;
  • inaccurate or unauthorised listing information or content;
  • their dealings or agreements with guests;
  • infringement of another person’s intellectual property rights through content supplied by the property owner; or
  • their breach of these Terms & Conditions or applicable law.

13. Cancellation, Refunds and Ending a Listing

Broke Away property listings are purchased for the applicable listing period, generally 12 months.

A property owner may ask to cancel their listing at any time.

If a property owner chooses to cancel before the end of their paid listing period, fees already paid are non-refundable and no refund or credit will be provided for the unused portion of the listing period, except where required by Australian Consumer Law.

The property owner may choose to have their listing removed immediately or leave it active until the end of the paid listing period.

Unused time remaining on a cancelled listing cannot be transferred to another property or carried forward to a future listing period unless otherwise agreed by Broke Away.

If Broke Away suspends or removes a listing because the property owner:

  • breaches these Terms & Conditions;
  • provides inaccurate or misleading information;
  • fails to pay applicable fees; or
  • otherwise fails to comply with the requirements of their listing,

the property owner will not ordinarily be entitled to a refund for the unused portion of the listing period, subject to rights that cannot be excluded under Australian Consumer Law.

If Broke Away ends a paid listing for reasons unrelated to a breach by the property owner, any appropriate refund or other remedy will be determined having regard to the circumstances and Australian Consumer Law.

14. Renewal

Unless otherwise stated at the time of purchase, renewal of a Broke Away listing creates a new listing period.

Unused benefits, promotional periods, credits or inclusions from a previous listing period do not automatically carry forward into the renewed period.

Any renewal fee will be based on the applicable package and pricing available at the time of renewal unless otherwise agreed.

15. Changes to These Terms

Broke Away may update these Terms & Conditions from time to time as the platform and its services develop.

Where a change materially affects an existing paid listing arrangement, Broke Away will take reasonable steps to notify the affected property owner.

16. Contact

Questions regarding a property listing or these Terms & Conditions can be directed to:

Broke Away Country Escapes
Owned and operated by Sionnach Beag Pty Ltd
Broke Fordwich, NSW
info@brokeaway.com.au

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