TERMS & CONDITIONS
You acknowledge that, if your application for membership of Destination Southern Highlands (DSH) is accepted, you agree to be bound by the DSH Terms & Conditions.
DSH requires that all Commonwealth & State privacy legislation must be strictly adhered with. If you are unsure of your obligations seek legal advise.
DSH Marketing Partnerships operate on a financial year basis, i.e. 1 July to 30 June and all payments and benefits associated with Marketing Partnerships come under this timeframe. Pro Rata Marketing Partnerships can be offered to new Marketing Partners, but will only be viable from the date of joining to the end of the financial year, ie. 30 June.
Waiver In Favour of DSH
I/We acknowledge that DSH (and its employees and contractors) will not be responsible for any loss or damage to my/our products or brochures due to circumstances beyond DSH's control.
Agreement & Warranty
I/We agree and warrant that I/We have and/or will obtain and maintain the currency of the following during our membership with DSH:
- A Certificate of Currency (Public Liability Insurance for coverage of at least $10 million minimum).
- I/We undertake to notify DSH immediately if any of the above applicable certificates, permits, licenses, etc are cancelled, expire or otherwise become inoperative during our membership with DSH.
- I/We undertake to notify DSH immediately if the ownership of our business changes during our membership with DSH.
Indemnity & Release
I/We agree to fully indemnify DSH (and its employees and contractors) against any and all liability, loss, damage or costs (including legal costs on full indemnity basis) incurred arising from or in connection with any of the following:
- A) - Any breach by me/us of the warranties contained in this document, the DSH Membership Prospectus and/or DSH Terms & Conditions.
B) - Any information or details provided by me/us to DSH or the public about any accommodation, tours, products or services.
C) - Any confirmed bookings made through DSH that are subsequently not fulfilled by me/us for any reasons whatsoever.
D) - Any person/s who stay at our accommodation, participate in our tours or use any of our services and products.
- I/We agree to release DSH from any claim for, and agree that DSH is not liable for, any damage, loss or injurty whatsoever to me/us arising from, and costs incurred in connection with:
incurred in connection with:
A) - The use of the www.southern-highlands.com.au or www.visitsouthernhighlands.com.au or www.mysouthernhighlands.net.au websites, DSH's booking service or other membership benefits, or
B) - The www.southern-highlands.com.au or www.visitsouthernhighlands.com.au or www.mysouthernhighlands.net.au websites being interrupted, unavailable or not working properly.
- I/We agree that to the maximum extent permitted by law DSH is and will not be liable in any circumstances for the interruption to my/our business and/or any loss of profits, loss of data or any consequential or indirect loss suffered or incurred by me/us. A reference to "I", "We", "us", etc in this document includes a reference to your/the company's officers, employees, agents and contractors.
I/We understand and accept that DSH reserves the right to reject any promotional material deemed unsuitable for display in its Welcome Centre. I/We acknowledge that I/We may substitute a brochure for another brochure at any time and that only DL size brochures can be displayed in the Welcome Centre, guarantees cannot be given that any different size brochures will be displayed.
I/We agree to provide to DSH, where applicable, a copy of the relevant Wingecarribee Shire Council (WSC) approval/s to operate, or any relevant accreditation is required at the time of becoming a DSH Member. I/We understand that if approvals are revoked or if our business is in breach of WSC regulations I/We must notify DSH within seven (7) days and that all services and support of DSH will be withdrawn until said approval/s are reinstated or WSC regulations are met. I/We understand that this includes any financial obligations to WSC, including DSH.
I/We understand that is our responsibility to ensure all information provided to DSH is current and correct. I/We accept that it is our responsibility to ensure that any changes in business operations are advised to DSH as soon as possible to allow for updating of records, e.g. operational staff changes, new tariffs, etc. I/We acknowledge that this information is required to be provided to DSH in writing, and that it is also our responsibility to ensure that adequate stocks of brochures (where applicable) are provided to the Welcome Centre and to monitor stock levels and usage.
Commission & Fees
I/We accept and acknowledge that by signing this Marketing Partner Agreement and purchasing DSH Marketing Partnership, that I/We agree to pay a base commission, on all bookings made by DSH as follows:
- Accommodation Providers will pay a 12% commission, on the bed & breakfast package only sold.
- Conference Operators will pay a 12% commission on bed & breakfast
component where DSH engages clients in the reservation of conferences.
- Tour Operators will pay a 12% commission on the bed & breakfast component where DSH engages clients in the reservation of tours.
- A 'Fee For Service' payment will apply when DSH engages clients in the reservation of venue space - including weddings - on room only.
I/We accept and acknowledge that by signing this Marketing Partner Renewal Agreement and purchasing DSH Marketing Partnership, that I/We agree to pay any amounts applicable for optional advertising opportunities provided by DSH and taken up by I/We, an example of such advertising could be the annual Southern Highlands Destination Planner, or the A3 Dine With A Pie Tear Off Brochure, etc.
I/We understand that for each optional advertising opportunity taken up, that a separate Terms & Conditions would also apply in regard to the specific payment dates.
Tourism Industry BEST PRACTICE NOTE
I/We agree to be bound by Tourism industry 'Best Practice' is that ALL quoted/published rates are inclusive of retail commissions, i.e. the commission MUST be built into the published or quoted rate. I/We understand and accept that if our business does not abide by this Industry Standard, that DSH can terminate our membership.
I/We understand and agree that all commissions and booking fees are GST inclusive.