TERMS AND CONDITIONS

By clicking the ‘I accept’ button or otherwise submitting the Order, the Customer agrees that they have read, understood and will be bound by these Terms.

1 Dictionary

In these Terms, the words below have the following meanings:

Accommodation means the PHS and MEHS Accommodation and Third-Party Accommodation.

Agreement has the meaning provided to it in clause 2.2.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.

Business Day means any day except a Saturday, Sunday or public holiday in Victoria.

CHS means Cunnamulla Hot Springs Management Pty Ltd ABN 19 671 334 731

Confidential Information means all information disclosed by PHS Group to the Customer but excludes information that:

(a) is public knowledge or becomes available to the Customer from a source other than PHS Group (otherwise than as a result of a breach of confidentiality by the Customer or any person to whom it has disclosed the information); or

(b) is rightfully known to, or in the possession or control of the Customer and not subject to an obligation of confidentiality in accordance with the terms of the Agreement.

Consequential Loss means:

(a) any loss beyond the normal measure of damages; and

(b) indirect loss, loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunities.

Consumer has the meaning provided to it in section 3 of the Australian Consumer Law.

COVID means the pandemic and/ or public health emergency arising from the virus and respiratory illness known as COVID and any associated strain, variety or mutation of that virus or illness, including all associated states of emergency, public health directives and other related State or Commonwealth government directions or laws.

Customer means the entity or person requesting that Goods and/ or Services be supplied to it by PHS Group.

Delivery Fee means the delivery or freight fee set out in the Order or otherwise specified in the Terms.

Force Majeure Event means any event arising from, or attributable to, acts, events, omissions, potential disruptions or accidents which are beyond the reasonable control of a party including but not limited to natural disasters, fire, flood or adverse weather conditions such as high wind or heavy rainfall and pandemics including but not limited to COVID.

Freedom Wristband means a wristband issued or supplied by PHS which can be preloaded with funds, or linked with a stored credit card, which can be used to acquire goods or services from PHS Group at the PHS Group Premises.

Gift Certificate means a prepaid gift certificate which the holder of the certificate can redeem for the goods and/ or services set out in the certificate or an alternative good or service of equal or greater value if specific goods or services are no longer or not available at any PHS Group location.

Goods means the goods specified in the Order which are to be supplied by PHS Group to the Customer under the Agreement.

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

Guest means the Customer and any person whom accompanies the Customer onto the PHS Group Premises or on whose behalf the Customer has acquired any Services.

Intellectual Property Rights means any and all intellectual and industrial property rights anywhere in the world, including but not limited to the rights comprised in any patent, copyright, design, trade mark, eligible layout or similar right whether at common law or conferred by statute, rights to apply for registration under a statute in respect of those or like rights and rights to protect trade secrets and know how, throughout the world for the full period of the rights and all renewals and extensions.

Invoice has the meaning provided to it in clause 4.2.

Loss means any loss, liability, cost, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and includes direct loss and Consequential Loss.

MEHS means Metung Hot Springs Pty Ltd ABN 54 636 276 090

Offer has the meaning provided to it in clause 2.1.

Order means the order submitted:

(a) at the PHS Group Premises; or

(b) through the website located at https://www.cunnamulla hotsprings.com, at https://www.peninsulahotsprings.com or https://metunghotsprings.com

by the Customer to PHS Group for PHS Group to supply to the Customer Goods and/ or Services.

PDH Goods or Services means goods or services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption.

PHS means Peninsula Hot Springs Management Pty Ltd in its capacity as trustee for Peninsula Hot Springs Management Trust (ABN 13 100 134 961).

PHS and MEHS Accommodation means overnight accommodation operated by PHS Group at premises located in or around the PHS Group Premises.

PHS Group means CHS, PHS and MEHS

PHS Group Premises means the premises owned or occupied by CHS at Lot 5 Ivan Street Cunnamulla, the premises owned or occupied by PHS at 140 Springs Lane, Fingal, 3939, Victoria, Australia and the premises owned and operated by MEHS at 73 Storth Ryes Avenue, Metung, 3904, Victoria.

Purchase Price has the meaning provided to it in clause 4.1.

Services means the services specified in the Order which are to be supplied by PHS Group to the Customer under the Agreement, which may include Spa Services or the provision or procurement of Accommodation.

Spa Services means bathing, spa, wellness and other services which are provided by or on behalf of PHS Group at the PHS Group Premises.

Terms means these Terms and Conditions.

Third Party Accommodation means overnight accommodation at premises located in or around the Mornington Peninsula and Metung that is operated by a third party.

Third Party Accommodation Terms means the terms and conditions in respect of any Third Party Accommodation issued by the owner or operator of that Third Party Accommodation.

2 Formation of Agreement

2.1 The Customer acknowledges and agrees that by submitting the Order the Customer has made an irrevocable offer to PHS Group for PHS Group to supply it with the Goods and/ or Services on the terms of these Terms and the Order (Offer). Page 2

2.2 An agreement will be formed between PHS Group and the Customer in respect of the Offer upon the earlier of PHS Group: (a) notifying the Customer, either verbally or in writing, that it accepts the Customer’s Offer; (b) making delivery of the Goods the subject of the Offer to the Customer; or (c) performing the Services the subject of the Offer, (Agreement).

2.3 The Agreement formed under clause 2.2 will comprise these Terms, the Order and the Invoice.

2.4 PHS Group is not bound to accept any Offer and may not accept any Offer for any reason and in the sole discretion of PHS Group.

3 Cancellation

3.1 PHS Group may cancel or suspend the Agreement effective immediately upon providing the Customer with written notice of cancellation or suspension where PHS Group believes (for any reason) that it will be unable to supply the Goods or provide the Services to the Customer, provided that if PHS Group cancels the Agreement under this clause

3.1 it will refund to the Customer any amounts already paid by the Customer for the Goods or Services subject to the cancellation and which are not provided to the Customer. The refund of any such amounts will be the Customer’s sole remedy against PHS Group in respect of any cancellation pursuant to this clause 3.1.

3.2 Subject to clauses 11.4 and 14.34, any Offer that has been submitted cannot be cancelled by the Customer except with the prior written consent of PHS and without prejudice to any other rights PHS Group may have, the Customer indemnifies PHS Group for any Loss incurred by PHS Group in connection with such cancellation.

4 Price and payment

4.1 Unless otherwise agreed by the parties, the price the Customer must pay for the Goods and/ or Services under the Agreement will be: (a) the price for the Goods and/ or Services specified in the Order; and (b) the Delivery Fee, as may be increased in accordance with clause 11.6 (Purchase Price).

4.2 PHS Group may invoice the Customer for the Purchase Price at any time following formation of the Agreement (Invoice).

4.3 Unless otherwise agreed in writing between the Customer and PHS Group the due date for payment by the Customer to PHS Group of the Purchase Price for the Goods and/ or Services supplied pursuant to the Agreement is at the time of placing the Order.

5 GST

5.1 In this clause, words and expressions which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended, varied or replaced from time to time) have the same meaning given to them by that Act.

5.2 Unless otherwise expressly stated in writing in an Agreement, all amounts payable by the Customer in connection with an Agreement do not include an amount for GST. If GST is payable on any supply made by PHS Group under these Terms, the Customer must pay to PHS Group, in addition to and at the same time as the payment for the supply, an amount equal to the amount of GST on the supply. Where the Customer is required by these Terms to reimburse or indemnify PHS Group for any Loss or other amount incurred, the amount to be reimbursed or paid will be reduced by the amount of any input tax credit that PHS Group will be entitled to claim for the Loss or amount incurred and increased by the amount of any GST payable by PHS Group in respect of the reimbursement or payment.

6 Delivery of Goods and provision of Services

6.1 PHS Group will deliver the Goods and provide the Services to the Customer in the manner: (a) determined by PHS Group; or (b) as otherwise agreed between PHS Group and the Customer (including collection by the Customer).

6.2 PHS Group will endeavour, but is not obliged, to deliver Goods and provide the Services in a timely manner.

6.3 PHS Group will use its reasonable endeavours to deliver the Goods and provide the Services on any date specified or estimated by PHS Group or set out in the Order however such dates are estimates only.

6.4 The Customer acknowledges that Goods are not able to be delivered to post office box addresses and the Customer must not provide a post office box address for delivery of any Goods.

7 Return of Goods

7.1 The terms of this clause 7 are subject to clause 9 and, if a Good is not of acceptable quality, faulty, defective or damaged, the Customer may have rights under the Australian Consumer Law which are not affected by this clause 7.

7.2 Subject always to any applicable provisions of the Australian Consumer Law, any claims in respect of a Good must be made by returning the Good (at the Customer’s cost) to PHS Group within 7 days of the purchase of the Goods by the Customer.

7.3 The provision to the Customer of any refund or other remedy in respect of any Goods which are returned to PHS Group and determined by PHS Group to be damaged or defective will be at PHS Group’s sole discretion.

8 Title and risk of Goods

8.1 Subject to clause 8.2, title to, and property in, any Goods supplied under the Agreement remain with PHS Group and will only pass to the Customer once all moneys owing by the Customer to PHS Group in respect of the Agreement or any other agreement or arrangement between the Customer and PHS Group have been paid in full.

8.2 Title to and property in any Freedom Wristband remains with PHS Group and does not pass to the Customer at any time.

8.3 Risk in the Goods passes to the Customer upon the earlier of the time the Goods are collected by the Customer from PHS Group’s premises (or that of PHS Group’s supplier) or delivered to the Customer.

8.4 In the event that the Customer is required to return any Goods to PHS Group, risk in the Goods passes to PHS Group on confirmation of receipt of the Goods by PHS Group.

9 Warranties and liability

9.1 If the Customer is a Consumer and PHS Group supplies PDH Goods or Services to the Customer, PHS Group acknowledges that the Customer may have certain rights under the Australian Consumer Law in respect of the guarantees provided under Division 1 of Part 3-2 of the Australian Consumer Law (Consumer Guarantees) as they apply to the PDH Goods or Services supplied by PHS Group and nothing in these Terms should be interpreted as attempting to exclude, restrict or modify the application of those rights.

9.2 If the Customer is a Consumer and any goods or services supplied by PHS Group to the Customer are non PDH Goods or Services, PHS Group’s liability to the Customer in connection with any breach of the Consumer Guarantees in respect of those non PDH Page 3 Goods or Services is limited (at PHS Group’s discretion) to: (a) in the case of Goods: (i) the replacement of the Goods or the supply of equivalent goods; (ii) the repair of the Goods; (iii) the payment of the cost of replacing the Goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the Goods repaired; and (b) in the case of Services: (i) the supplying the Services again; or (ii) the payment of the cost of having the Services supplied again.

9.3 If the Customer makes a claim against PHS Group which includes a cause of action other than for a breach of a Consumer Guarantee then, to the extent the claim, or part of the claim, does not relate to a Consumer Guarantee and to the extent permitted by law, PHS Group expressly excludes all liability in respect of the Goods or Services supplied by PHS Group to the Customer.

9.4 Subject to the rest of this clause 9, the aggregate liability of PHS Group to the Customer arising out of or in connection with the Agreement will in no event exceed an amount equal to the amount of the Purchase Price received by PHS Group under the Agreement.

10 Intellectual Property

Unless expressly stated by the Agreement, the parties acknowledge and agree that nothing in these Terms shall be construed as a transfer from PHS Group to the Customer of the ownership of, or title to, any of the Intellectual Property Rights in the Goods, material created as part of, or provided in connection with the provision of, the Services or any other Intellectual Property Rights owned by or licensed to PHS and the Customer agrees that it must not infringe or use the Intellectual Property Rights of PHS Group or any other third party which exist in the Goods or materials created as part of the Services for anything other than for the sole purpose of using the Goods.

11 Spa Services General

11.1 The provisions in this clause 11 apply to all Spa Services.

11.2 PHS Group reserves the right to change the Spa Services without notice, including because of the closure of certain experiences and facilities at the PHS Group Premises due to guest capacity considerations, private events and facility maintenance requirements. Please refer to PHS Group’s list of planned maintenance available at https://www.cunnamullahotsprings.com, and/or https://www.peninsulahotsprings.com/maintenanceschedule and/ or https://www.metunghotsprings.com/plan-your-visit for more information on currently planned maintenance which may impact on the availability of the Spa Services.

11.3 All bookings for Spa Services (and the acceptance of any Offer in respect of Spa Services) are subject to availability of those Spa Services.

11.4 The Customer may cancel an Offer in respect of any Spa Services but the Customer agrees that: (a) if the Customer cancels the Offer less than 24 hours before the scheduled provision of the Spa Services, PHS Group is not required to provide a refund of any Purchase Price already paid by the Customer for the Spa Services and the Customer will be liable to pay PHS Group any unpaid portion of the Purchase Price; and (b) if the Customer cancels the Offer at least 24 hours before the scheduled provision of the Spa Services, PHS Group will refund in full any Purchase Price already paid by the Customer for those Spa Services.

11.5 If a Guest arrives for any Spa Services more than 15 minutes after the scheduled start time they will be considered a ‘no show’ and: (a) PHS Group is not required to provide the Spa Service; and (b) in consideration for the PHS Group reserving the allocated time for the Customer, the Customer will still be liable to pay PHS Group any unpaid portion of the Purchase Price.

11.6 If Spa Services are provided on a public holiday in Victoria, the Purchase Price for the Spa Services will be increased by an amount equal to 10% of the Purchase Price.

11.7 All Spa Services conclude at least 15 minutes prior to the scheduled public closing time of the PHS Group Premises.

11.8 The Customer acknowledges and agrees that if PHS Group considers that a Guest is under the influence of alcohol or drugs then PHS Group may: (a) refuse to provide the Spa Services to that Guest; and/ or (b) require that the Guest leave the PHS Group Premises.

11.9 The Customer must not, and must ensure that any Guest does not: (a) bring alcohol or drugs (other than prescription medication required for a medical condition suffered by the Guest) into the PHS Group Premises; and (b) bring into any bathing area any alcohol or glass purchased at the PHS Group Premises.

11.10Guests are required to arrive: (a) in respect of Spa Services provided at the Bath House, no less than 15 minutes before the booking time for the relevant Spa Services; and (b) in respect of Spa Services provided at the Spa Dreaming Centre or at MEHS, no less than 30 minutes before the booking time for the relevant Spa Services.

11.11The Customer acknowledges that if a Guest arrives after the time specified in clause 11.10 or any other scheduled start time for other Spa Services, the duration of the Spa Services may be shortened by the amount of time by which the Guest was late.

11.12The Customer acknowledges that the facilities used to provide the Spa Services at the PHS Group Premises often reach capacity during peak times and Guests may be required to wait until there is availability before they can enter the relevant facility to receive the Spa Services. Alternatively, PHS Group may decide to offer the Spa Service from an alternative location (for example, in a new spa treatment room currently only available at Fingal premise for a more ‘in nature’ experience).

11.13Spa Services may be provided by either male or female personnel employed or engaged by PHS Group and PHS Group will determine in its sole discretion who will provide Guests with any Spa Services.

11.14Spa Services are provided for relaxation purposes only and PHS Group does not guarantee any results or outcomes arising from the provision of the Spa Services.

11.15If PHS Group believes that a Guest has engaged in any sexual harassment, innuendo or any inappropriate behavior while at the PHS Group Premises then PHS Group may require that the Guest leave the PHS Group Page 4 Premises and PHS Group will not be required to refund any part or all of the Purchase Price.

11.16At the time of making an Offer and again when arriving at the PHS Group Premises the Customer must advise PHS Group of any Guests: (a) requiring mobility assistance; (b) with allergies; (c) with any medical conditions involving high fever, extreme hypertension, malignant tumours, cancerous conditions, liver disorders, kidney disorders, circulation disorders, conditions with a high risk of haemorrhaging, anaemic conditions, congestive heart failure, who recent suffered a stroke or heart attack, who are pregnant, who have diabetes or otherwise have a medical condition which may be impacted by the provision or receipt of the Spa Services; or

11.17The Customer acknowledges that all Guest may be required to sign a waiver before being allowed to enter the PHS Group Premises. A copy of the waiver can be obtained from PHS Group prior to arriving at the PHS Group Premises by making a request to PHS Group.

11.18Smoking and vaping is prohibited on the PHS Group Premises and Guests must not smoke or vape on the PHS Group Premises (other than in designated smoking areas).

Damage

11.19The Customer shall be liable for all damage to property at the PHS Group Premises caused by the Customer or any Guest of the Customer and the Customer must, upon demand from PHS, pay to PHS Group the market value for any property at the PHS Group Premises which is damaged during by the Customer or a Guest of the Customer.

Age restrictions and supervision of Children

11.20Children under 8 years of age must, at all times when within the PHS Group Premises, be within arm’s reach of a guardian.

11.21Children aged between 8 to 15 years of age must, at all time when within the PHS Group Premises, be accompanied by guardian and be within close visual line of sight of that guardian. All Children must be supervised and a maximum of 6 children per Adult applies.

11.22All guardians are required to pay for entry and are responsible for the children in their care at all times when the children are within the PHS Group Premises.

11.23Children under 16 years of age can access all Bath House bathing areas at the PHS Group Premises, however, will not be permitted in reserved adults only areas.

11.24Children under 16 years of age are not able to access the PHS Spa Dreaming Centre (including the café, bathing area, reception, private baths and treatment rooms located at the Spa Dreaming Centre).

Lost Property

11.25Clauses 11.26 to 11.28 are subject to any obligations which PHS Group may have under the Australian Consumer Law and Fair Trading Act 2012 (Vic).

11.26PHS Group does not take any responsibility for any items that are lost or stolen at the PHS Group Premises and recommends that any valuable items are left in a secure place and not brought into the PHS Group Premises.

11.27PHS Group does not guarantee that it will be possible to identify or contact the owner of all lost property items that are found within the PHS Group Premises.

11.28The Customer acknowledges and agrees that PHS Group may sell or donate any lost property to a charity if that property has not been claimed by the owner of that property within: (a) for items with a value of $5,000 or greater, six months after first identified by PHS Group; (b) for items with a value of $200 to $4,999, three months after first identified by PHS Group; and (c) for items with a value of less than $200, two months after first identified by PHS Group.

12 Gift Certificates

12.1 The provisions in this clause 12 apply to all Gift Certificates issued or supplied by PHS Group entities.

12.2 Gift Certificates are a prepaid gift certificate which, depending on the type of Gift Certificate, is redeemable: (a) Only for the Goods and/ or Services selected in the relevant Order for the Gift Certificate and set out in the Gift Certificate from the designated entity at point of purchase; or (b) for Goods and / or Services up to a value selected in the relevant Order for the Gift Certificate and set out in the Gift Certificate at any PHS Group entity. (c) Specified value which can be redeemed for goods or services at a nominated PHS Group entity

12.3 The Goods and / or Services or value of Goods and / or Services redeemable under a Gift Certificate cannot be changed once the Gift Certificate has been issued.

12.4 Any bookings for Goods or Services by redeeming a Gift Certificate are subject to availability at nominated PHS Group entity.

12.5 It may take up to 24 hours from the date of the Order of the Gift Certificate for the Gift Certificate to be activated and able to be used to redeem for Goods and/ or Services.

12.6 Unless otherwise specified, Gift Certificates may be redeemed on any day of the week.

12.7 Gift Certificates cannot be used to withdraw or redeem cash, reloaded, returned for a refund, consolidated with another Gift Certificate or used to acquire another Gift Certificate.

12.8 Gift Certificates expire on the date specified on the Gift Certificate, which will not be earlier than three years from the date of supply of the Gift Certificate by PHS Group entities to the Customer (Certificate Expiry Date). A Gift Certificate may not be used to purchase Goods or Services or otherwise redeemed after the Certificate Expiry Date and any Goods or Services or value not redeemed and remaining available on the Gift Certificate after the Certificate Expiry Date will be forfeited.

12.9 PHS Group is under no obligation to replace, and is not otherwise liable or responsible for, any Gift Certificate which is defaced, mutilated, altered, lost or stolen.

12.10Gift Certificates can only be used for personal use and must not be used in connection with any marketing, advertising or other promotional activities without the prior written approval of PHS Group.

12.11The Customer is responsible for ensuring that the Gift Certificate, where redeemable for Goods or Services which can be acquired by persons of a specified age, is only redeemed for use by a person who is of that specified age.

12.12PHS Group may refuse to redeem any Gift Certificate if fraud is suspected or until they are satisfied that there has been no fraud involved in the redemption.

12.13Use of a Gift Certificate is subject to all of PHS Group’s policies regarding the Goods and Services made available by any PHS Group entity from time to time, including any COVID related policy under clause 23.

12.14If the Customer acknowledges that if they have requested that the Gift Certificate be delivered by express post service: Page 5 (a) The Customer must pay the Delivery Fee for express post; and (b) delivery of the Gift Certificate may take 2-3 Business Days

12.15The Customer acknowledges that postage of Gift Certificates is managed by Australia Post and PHS Group takes no responsibility for late delivery of any Gift Certificates.

13 Freedom Wristbands General

13.1 The provisions in this clause 13 apply to all Freedom Wristbands issued or supplied by PHS.

13.2 Stored credit cards must be verified by providing the last 4 digits of the credit card upon checking in process at reception.

13.3 Freedom Wristbands can be linked to a stored customer credit card. Any use of the Freedom Wristband is deemed to be made by the Customer who acquired the Freedom Wristband.

13.4 Freedom wristbands linked to guest profiles must be verified by providing guest details prior to completing any transaction. Freedom wristbands remain the property of PHS Group. All credit cards will be unlinked from the freedom wristbands after departure.

13.5 Interest does not accrue on, or in respect of, any balance or amount on a Freedom Wristband.

13.6 Details of the transactions made using a Freedom Wristband can be provided to the Customer upon request to PHS Group at PHS Premises unless the wristband is lost. This request will need to be via email to PHS team to acquire a statement of purchases.

13.7 PHS Group cannot load funds to a wristband, only credit cards can be linked to freedom wristbands. Transaction details can be confirmed by: (a) the invoice received when the Freedom Wristband is used to make a purchase at a pointof-sale terminal at the PHS Premises

13.8 Each Freedom Wristband remains the property of PHS Group and must be returned to PHS Group prior to departure from the PHS Premises.

13.9 Credit card linked Freedom Wristbands will be ‘unlinked’ after departure from the PHS Premises. All payments will be charged at time of purchase.

Lost, stolen or damaged Freedom Wristbands

13.10PHS Group is under no obligation to replace, and is not otherwise liable or responsible for, any Freedom Wristband which is lost or stolen and the Customer is responsible for the security of their Freedom Wristband and any purchases made by any third party using their Freedom Wristband.

13.11The Customer must immediately notify PHS Group if their Freedom Wristband is lost or stolen or if they become aware of any unauthorised transactions made using their Freedom Wristband.

13.12If a Freedom Wristband is lost, stolen or damaged then PHS Group may, subject to clause 13.13, issue a new Freedom Wristband to the Customer and unlink the lost wristband.

13.13Subject to clause 9 and any rights the Customer may have at law, the Customer must pay PHS Group a $10 replacement fee for any new Freedom Wristband issued under clause 13.12.

Refunds

13.14If the Customer is at PHS Premises, by providing PHS Group with the Freedom Wristband or original receipt received when the Customer acquired the Freedom Wristband; or

13.15If the Customer is not at PHS Premises, by making a request in writing to PHS Group’s reservations team and returning the Freedom Wristband to PHS Group.

13.16If a refund is requested but the Customer does not return the Freedom Wristband, PHS Group may refund the charge on the Freedom Wristband less $10 as payment for the Freedom Wristband.

13.17All refunds whilst onsite will be refunded directly to the Freedom Wristband.

13.18All refunds must be processed to the same Freedom Wristband and/ or credit card that was charged for the purchase.

14 Accommodation

PHS Group Accommodation

14.1 All guests at any PHS Group Accommodation must be at least 18 years of age.

14.2 A maximum of two adults are permitted to occupy PHS Group Accommodation Rooms which is classified by PHS Group as either ‘glamping accommodation’ or ‘eco-lodge accommodation’.

14.3 PHS reserves the right to change room allocation prior to the guests’ arrival without notice based on factors such as, however not limited to, maintenance, inventory management and group bookings. Room assignments may change based on these operational considerations to provide the best experience.

Check In and Check Out

14.4 The check-in time for guests at PHS Group Accommodation is 2:00pm on the date shown for the Guests’ arrival and PHS Group may refuse to check in guests to the PHS Group Accommodation if they arrive before this time.

14.5 The check-out time for Guests at the PHS Group Accommodation is 10:00am on the date shown for the Guest’ departure and Guests must have vacated their PHS Accommodation by this time.

14.6 Any change in the check-in or check-out time is at PHS Group’s discretion (and which may not be provided if PHS Group must satisfy any COVID cleaning or other requirements) and PHS Group may, as a condition of agreeing to any change in the check-in or check-out time, require the payment of an additional fee.

Cancellations and No-Shows

14.7 The Customer must pay to PHS Group the Purchase Price for the PHS Group Accommodation at the time of placing the Order for the PHS Group Accommodation in accordance with clause 4.3.

14.8 The Customer may cancel an Offer in respect of any PHS Group Accommodation, but the Customer agrees that: (a) If the Customer cancels the Offer less than 7 days before the scheduled provision of the PHS Group Accommodation, PHS Group is not required to provide a refund of any Purchase Price already paid by the Customer for the PHS Group Accommodation; and (b) If the Customer cancels the Offer at least 7 days before the scheduled provision of the PHS Group Accommodation, PHS Group will refund in full any purchase price already paid by the Customer for that PHS Group Accommodation.

14.9 Without limiting clause 14.8, if the Customer does not arrive at the PHS Group Accommodation at the scheduled time of the start of their stay or if the Customer wishes to cancel their booking for the PHS Group Accommodation after having arrived at the PHS Group Accommodation, PHS Group will be entitled to retain 100% of the Purchase Price.

Pre-authorisation Policy

14.10PHS Group reserves the right to pre-authorise the Guest Credit Card in any reservation.

14.11A pre-authorisation amount of $500 per room (per stay) will be placed on the guests’ credit or debit card upon check-in. This amount will be held as a security deposit Page 6 for any potential damages or losses that may occur during the guests’ stay. The pre-authorisation will be released upon check-out, provided there are no outstanding charges, damages or excessive cleaning fees.

14.12Pre-authorisation can only be completed with a valid credit card or debit card (MasterCard or Visa). PHS Group is unable to accept cash for pre-authorisation.

14.13Once a pre-authorisation has been made, PHS Group cannot release, remove or lower the authorised amount, until the final account has been processed on departure. This is a restriction imposed by the card issuer and cannot be negotiated.

14.14The authorised amount held usually takes 3-7 business days to be released, however, it may take up to 30 business days depending on the cardholder’s financial institution.

14.15The funds held are not debited from the cardholders’ account until final payment and a pre-authorisation completion is processed.

14.16If no completion is processed, the held funds are automatically released by the card holder’s financial institution.

14.17All guests are personally liable for all charges made by any person to the room account (regardless of whether such charges are made during the accommodation stay or expressly authorised by the guest who is recorded on the reservation) and for any damage to the room and associated accommodation facilities caused by the guest or any person using the room and associated accommodation facilities with the consent of the guest.

14.18Guests may be required to pay their account during their visit if charges are close to reaching the preauthorisation limit.

14.19Guests will be required to pay their account prior to departure. As the pre-authorisation amount will be reserved for damages or losses that may be discovered following the guests’ stay, all guests agree that they will settle their bill for any additional purchases made during their stay, separate to the pre-authorised amount. If full payment of the account is not received prior to check-out, all guests agree to PHS Group deducting any outstanding balance from the credit card or debit card provided. Code of Conduct

14.20All PHS Group Guests agree to respect the privacy and peace of all other guests, neighbours and PHS Group staff at all times. Any Guests who breach this clause 14.20 or are otherwise, in the reasonable opinion of PHS Group; causing a disturbance or nuisance to other guests, neighbours or PHS Group staff must, if required by PHS Group, immediately leave PHS Group Accommodation, activity, bathing and/ or location.

14.21Physical, verbal or sexual abuse or harassment of any kind towards PHS Group staff or other guests will not be tolerated and, if required by PHS Group, any Guests which PHS Group reasonably believes is involved in such conduct must immediately leave PHS Group Accommodation, activity, bathing and/ or location.

14.22To ensure a peaceful environment across PHS Groups sites, guests must always maintain low or moderate noise levels. PHS Group asks that all guests keep noise levels to a minimum, including conversations, music and other activities. Repeated violations of these noise reduction requests may result in additional charges or, in severe cases, termination of the guests’ visit or stay.

14.23Smoking and vaping are prohibited at any PHS Group Premises and at any PHS Group Accommodation. Guests must not smoke or vape at any location, other than at designated smoking areas.

14.24With the exception of service or guide dogs, Guests are not permitted to bring pets or other animals onto the PHS Group Premises, or any PHS Group Accommodation at any time. Prior notice must be provided to PHS Group if a Guest wishes to bring a service or guide dog onto the PHS Group Premises.

14.25Campfires are strictly prohibited on PHS Group Premises and in, or around any PHS Group Accommodation. Guests must not start any campfire or allow any campfire to burn at PHS Group Premises, or in, or around any PHS Group Accommodation.

14.26Guests must only use cooking equipment at the PHS Group Accommodation, if it has been provided by PHS Group. Damage to Property and Theft

14.27The Customer shall be liable for all damage to property at the PHS Group Accommodation during the stay of any Guest, including breakages, spillages, stains, damage to furniture or fixtures and fittings and the Customer must, upon demand from PHS Group, pay to PHS Group the market value for any property at the PHS Group Accommodation which is lost, damaged or consumed during a Guest’s stay and the Customer acknowledges that PHS Group may, and is authorised to, deduct such amount from any credit card which the Customer has provided to PHS Group.

14.28The Customer agrees to maintain the PHS Group Accommodation during a Guest’s stay and agrees that, should PHS Group reasonably determine that excessive cleaning will be required of the PHS Group Accommodation as a result of the Guest’s stay, the Customer must pay to PHS Group an additional $100 in consideration of the additional cleaning to be undertaken by or on behalf of PHS Group.

14.29Any monies or other valuables, goods or vehicles that belong to a Guest and which are brought into any PHS Group Accommodation (including any surrounding areas or car park) remain the responsibility of the Guest and PHS Group is not responsible for their safekeeping.

14.30Parking is available on PHS Group Premises for Guests. PHS Group accepts no responsibility for loss or damage to any Guest’s vehicle and the Customer acknowledges that each Guest uses any car park at their own risk, including the risk of any injury, death, theft, loss or damage which may be occasioned by the Guest or their property and the Customer agrees to release, and will procure a release from each Guest, of PHS Group from all claims, demands, actions or suits relating to or in any way arising out of their use of the car park.

14.31Any lost property at the PHS Accommodation will be dealt with by PHS Group in accordance with clauses 11.25 and 11.25.

14.32PHS Group strongly recommends that at the time of placing an Order for PHS Group Accommodation the Customer acquire comprehensive travel insurance to cover items including but not limited to loss of booking amount through cancellation, loss or damage to personal baggage, loss of money and medical expenses.

Third Party Accommodation

14.33The Customer acknowledges and agrees that: (a) PHS Group is only responsible for booking the Third-Party Accommodation and is not responsible for the provision of the Third Party Accommodation; (b) the Third-Party Accommodation is provided by a third party; and (c) by placing an Order for any Third-Party Accommodation, the Customer also agrees to be bound by, and comply with, the Third Party Accommodation Terms.

14.34The Customer may cancel an Offer in respect of any Third-Party Accommodation, but the Customer agrees that: (a) if the Customer cancels the Offer less than 30 days before the scheduled provision of the ThirdParty Accommodation, PHS Group is not required to provide a refund of any Purchase Price already paid by the Customer for the Third Party Accommodation and the Customer will be liable to pay PHS Group any unpaid portion of the Purchase Price; and (b) if the Customer cancels the Offer at least 30 days before the scheduled provision of the Third-Party Accommodation, PHS Group will refund in full any Purchase Price already paid by the Customer for that Third Party Accommodation.

14.35Acceptance of an Offer in respect of any Third-Party Accommodation may be subject to minimum age requirements.

General

14.36The provisions in clause 14.37 apply to all Accommodation which is booked through PHS Group.

14.37All bookings for Accommodation (and the acceptance of any Offer in respect of Accommodation) are subject to availability.

15 Indemnity

The Customer indemnifies PHS Group and holds PHS Group harmless from and against all Losses (including all legal costs, and any other associated fees and costs) for which PHS Group incurs as a direct or indirect result of: (a) any amounts the Customer owes to PHS Group (including any fees paid to a debt collector, mercantile agent or similar); (b) any breach of the Agreement by the Customer (including any breach of the warranties provided by the Customer or any Accommodation Terms); and (c) any negligent or wilful act or omission by the Customer or others for whom the Customer is legally responsible.

16 No representations

Subject to clause 9, the Customer acknowledges and agrees that it has not relied on any representations, inducements or statements made to it by PHS Group regarding the supply of the Goods or Services and it has satisfied itself that the Goods and Services are fit for the purpose it requires them for.

17 Confidentiality

17.1 The Customer: (a) may use Confidential Information solely for the purposes of the Agreement; (b) must keep confidential all Confidential Information; and (c) may disclose Confidential Information only to (i) employees and contractors who (A) are aware and agree that the Confidential Information must be kept confidential and (B) either have a need to know the Confidential Information (and only to the extent that each has a need to know), or have been specifically approved by PHS Group, or (ii) as required by law or securities exchange regulation.

17.2 The Customer must notify PHS Group immediately once it becomes aware of any breach of confidentiality in respect of the Confidential Information and must take all reasonable steps necessary to prevent further unauthorised use or disclosure of the Confidential Information.

18 Privacy

The Customer acknowledges and agrees that personal information (as that term is defined in the Privacy Act 1988 (Cth)) regarding the Customer, may be collected, held, used and disclosed by PHS Group for the purposes set out in PHS Group’s privacy policy (which privacy policy is available on PHS Group’s websites or on request from PHS Group). The Customer consents to PHS Group collecting, holding, using and disclosing any such personal information for all purposes specified in PHS Group’s privacy policy.

19 Force Majeure

19.1 PHS Group will not be liable for any failure to perform or delay in performing its obligations under the Agreement if that failure or delay is due to a Force Majeure Event.

19.2 If a Force Majeure Event under clause 19.1 occurs, PHS Group may immediately terminate the Agreement by written notice to the Customer without penalty.

20 Termination

20.1 Without limiting PHS Group’s other rights under these Terms, PHS Group may terminate the Agreement with immediate effect by written notice to the Customer if: (a) the Customer is the subject of an insolvency event; (b) the Customer has breached any term of the Agreement (including these Terms) and, if the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied; or (c) in accordance with clause 19.2.

20.2 Each party retains any rights, entitlements or remedies it has accrued before termination, including the right to pursue all remedies available to either party at law or in equity.

21 Acknowledgements and representations

21.1 If an Offer has been accepted by PHS Group, the Customer acknowledges that the Offer was accepted by PHS Group on the basis of, and in reliance upon, any information, specifications, data, representations, statements and documents provided by the Customer.

21.2 By making an Offer, the Customer warrants and represents to PHS Group that it has read and understood these Terms prior to making the Offer and agrees to be bound by them in full.

21.3 Any price list, goods lists or other similar documents or catalogues issued by or on behalf of PHS Group do not constitute an offer by PHS Group to supply Goods appearing in those lists or catalogues or an offer by PHS Group to supply Goods at the prices set out in those lists or catalogues. PHS Group’s price lists and catalogues may be changed by PHS Group at any time without notice.

21.4 Where any instructions or material in whatever form (including documents, specifications, designs, plans, processes, information and data) are required to be provided by the Customer to PHS Group before PHS Group can proceed with or complete the provision of the Goods or Services such instructions or materials must be supplied by the Customer to PHS Group within a reasonable time (as determined by PHS Group) so as to enable PHS Group to deliver the Goods or Services within any agreed time frame.

22 Inconsistency

22.1 Unless otherwise specified in these Terms, in the event of an inconsistency between any of the documents listed in clause 2.3, the following order of precedence shall apply to the extent of the inconsistency: (a) the prices and quantity of Goods and/ or Services set out in the Order; (b) these Terms; Page 8 (c) the Invoice; and (d) without limiting clause

22.2, any terms in the Order which are accepted by PHS Group in writing. 22.2 These Terms shall prevail over any Customer terms and conditions, except to the extent specifically agreed by PHS Group in writing and any terms or conditions included in the Order or other document provided or issued by the Customer will only be binding on PHS Group if expressly agreed by PHS Group in writing.

23 COVID Regulations and Policies The Customer agrees that: (a) the acquisition and use of each Gift Certificate, Freedom Wristband, Good and Service is subject to; and (b) when at the PHS Group Premises the Customer and all Guests must comply with, all relevant government laws, restrictions, regulations and directions and any PHS Group policy in respect of COVID (including without limitation COVID test and vaccination requirements and capacity limits).

24 Miscellaneous

24.1 In these Terms: (a) the singular includes the plural and vice versa; (b) the word person includes a firm, a body corporate, an unincorporated association, body or organisation established pursuant to international treaty, intergovernmental body, or government authority and other official authority; (c) a reference to a document or legislation includes a reference to that document or legislation as varied, amended, novated or replaced from time to time; (d) a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and permitted assigns; (e) headings are inserted for convenience and do not affect the interpretation of these Terms; (f) no provision will be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms or the inclusion of the provision in the Terms; and (g) unless otherwise provided, all monetary amounts are in Australian dollars and a reference to payment means payment in Australian dollars.

24.2 The Customer must not assign or otherwise deal with any of its rights or obligations under these Terms without PHS Group’s prior written consent. PHS Group may, to the extent permitted by law, assign, subcontract or deal with any of its rights or obligations under these Terms (including any right to be paid or chose in action) at any time where the assignment will not adversely affect the rights of the Customer.

24.3 PHS Group may, to the extent permitted by law, vary these Terms from time to time with the variation becoming effective as soon as PHS Group provides the Customer notice of the variation (Variation Date). Any variation to these Terms will only apply to any Offer made after the Variation Date.

24.4 A failure to exercise or delay in exercising any right under these Terms does not constitute a waiver and any right may be exercised in the future. Waiver of any of these Terms must be in writing and is only effective to the extent set out in that written waiver.

24.5 If any provision of these Terms is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

24.6 These Terms and the accepted Agreement constitute the entire agreement between the Customer and PHS Group in respect of the supply of the relevant Goods or Services the subject of the Agreement and supersede all previous communications, representations, understandings or agreements.

24.7 These Terms are governed by the laws in force in Victoria, and the Customer and PHS Group submit to the non-exclusive jurisdiction of the courts of Victoria.

24.8 The termination or expiry of these Terms or an Agreement does not operate to terminate any rights or obligations that by their nature are intended to survive termination or expiration, and those rights or obligations remain in full force and binding on the party concerned including without limitation the rights and obligations under clauses 7, 8, 9, 10, 15, 17 and 24.

24.9 Each party must: (a) do all acts necessary or desirable to give full effect to the Agreement; and (b) refrain from doing anything which might prevent full effect being given to the Agreement.

24.10The relationship between the parties is and will remain that of independent contractors, and nothing in the Agreement constitutes the parties as partners or joint venturers or constitutes any party as the agent of another party or gives rise to any other form of fiduciary relationship between the parties.

24.11Notices by a party must be delivered by hand, prepaid post, or email and sent to the address of the receiving party specified in the Agreement. Notices shall be deemed to have been received by hand upon delivery, by post within two (2) Business Days of sending and by email one hour after the email (unless the sender knows that email has failed to send).