Guest Terms

1. About these Terms and eligibility

These Guest Terms (Terms) apply when you book a Site through NextCamp. You accept them when you make a Booking. Read clause 3, which explains who you are actually contracting with, and clause 9, which deals with the risks of camping.

In these Terms:

• –Booking means a confirmed reservation of a Site.
• –Guest means you and every person in your booking party.
• –Host means the person or business that owns or operates the Site.
• –Site means the campground, pitch, cabin, or other accommodation booked.
• –Site Rules means the conditions of entry and stay set by the Host and shown on the listing.
• –ACL means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• –NextCamp, we and us means NextCamp Pty Ltd (ABN 60 696 892 127, ACN 696 892 127).

1.1 You must be at least 18 years old to make a Booking or hold an account. A person under 18 may stay at a Site only as part of a booking party led by an adult who is responsible for them.

1.2 You must provide accurate information when booking, including the number of people, vehicles, tents and pets in your party. Understating your party is a breach of these Terms and of the Guest Code of Conduct, and the Host may refuse entry.

1.3 If you book for a group, you are the lead booker. You are responsible for the conduct of every member of your party, and a breach by any of them is treated as a breach by you.

2. What NextCamp does

2.1 NextCamp operates a platform that lists Sites, takes Bookings and processes payments. We are a booking facilitator and a payment collection agent for the Host.

2.2 NextCamp does not own, lease, operate, inspect, manage, control or supervise any Site, and is not an occupier of any Site.

2.3 Listing information, including photographs, descriptions, prices, availability, amenities and access details, is supplied by the Host. NextCamp does not independently verify it beyond the automated checks described on the platform. Badges, ratings and verification marks are a convenience, not a warranty about the Site.

3. Who you are contracting with

3.1 This is the most important clause in these Terms.

3.2 When you make a Booking, two separate contracts come into existence:

• –a contract between you and NextCamp for the use of the platform and the processing of your Booking and payment, on these Terms and the Platform Terms of Use; and
• –a contract between you and the Host for the supply of the stay, made up of these Terms, the Site Rules and the Host’s selected cancellation policy.

3.3 The Host, not NextCamp, is the supplier of the accommodation and camping service. The consumer guarantees in the ACL that apply to the supply of that stay, including the guarantees of due care and skill, fitness for purpose and supply within a reasonable time, are owed to you by the Host.

3.4 NextCamp owes you the ACL consumer guarantees in respect of the services NextCamp itself supplies, being the platform, the booking process and payment handling. Nothing in this clause limits those.

3.5 Payment to NextCamp discharges your obligation to pay the Host for the Booking.

4. Bookings

4.1 A Booking is confirmed when NextCamp confirms payment and marks the Booking as confirmed on the Platform. A confirmation email is a notification of that status; email delivery is not the event that creates the Booking.

4.2 Your Booking covers only the Site, party size, vehicles and dates shown on the confirmation. Anything else, including access to other parts of the Host’s property, requires the Host’s agreement.

4.3 The Host will provide check in details, access instructions and directions before arrival. You must read them. Many Sites are rural, unsigned, or have limited mobile coverage, and arriving without the instructions can mean arriving without access.

4.4 Check in and check out times are set by the Host and shown on the listing. Arriving early or leaving late without agreement may interfere with the Host’s operations or another Booking.

5. Prices, fees and payment

5.1 All prices shown are in Australian dollars and include GST where applicable.

5.2 All compulsory fees are disclosed before you commit to a Booking. They are not added at the final step. If a Host asks you for a compulsory fee on arrival that was not shown on the listing, you are not required to pay it, and you should report it to NextCamp.

5.3 A Host may charge for genuinely optional extras on site, such as firewood, provided the price is disclosed before you buy.

5.4 NextCamp collects payment on the Host’s behalf and may charge you a separate service fee, which is disclosed before you commit.

5.5 NextCamp does not currently provide a security-deposit or payment-card hold feature. A Host must not require an undisclosed compulsory deposit or collect one through the Platform.

6. Changes and cancellations

6.1 Each listing displays the Host’s selected cancellation policy before you book: Flexible, Moderate (the platform default) or Strict. The policy shown at the time of booking is locked to that Booking and does not change afterwards. That policy governs what you receive if you cancel. Read it before you book.

• –Flexible: cancel 3 or more days before check-in for a full refund, including the NextCamp service fee. Inside 3 days of check-in, no refund is payable.
• –Moderate: cancel 7 or more days before check-in for a full refund, including the service fee. Cancel 3 to 6 days before check-in and 50 per cent of the accommodation cost is refunded; the service fee is retained. Inside 3 days of check-in, no refund is payable.
• –Strict: cancel 14 or more days before check-in for a 50 per cent refund of the accommodation cost; the service fee is retained. Inside 14 days of check-in, no refund is payable.
• –Grace period (all policies): cancel within 24 hours of the Booking being confirmed under clause 4.1, when check-in is at least 7 days away, and you receive a full refund including the service fee.

Timing is measured against the listing’s local check-in time.

6.2 A signed-in Guest can cancel from the Booking page. A Guest who booked without an account must request cancellation by emailing support@nextcamp.com.au from the email address used for the Booking. Date or party changes are not currently supported; cancel and make a new Booking instead. The applicable refund is calculated when NextCamp receives the cancellation request.

6.3 If the Host cancels a confirmed Booking, you receive a full refund of everything you paid. NextCamp may also help you identify alternative listings, but does not promise a cash-equivalent or booking credit.

6.4 If the Site is materially different from the listing, is unsafe, is unavailable, or an advertised amenity is not available, you may be entitled to a full or partial refund. Report it to the Host first and to NextCamp within 72 hours of discovering it, so it can be assessed while evidence is fresh.

6.5 If a natural event such as flood, fire, storm or a road closure prevents you from reaching the Site or prevents the Host from supplying the stay, the stay has not been supplied and clause 6.4 applies. If a natural event merely makes the stay less pleasant, for example rain over a weekend, that is not a failure to supply and no refund is payable. Travel insurance is strongly recommended for the second category.

6.6 Nothing in this clause limits your rights under the ACL, including your rights where a service is not supplied or is not supplied with due care and skill.

7. Your obligations at the Site

7.1 You must comply with the Guest Code of Conduct and the Site Rules for the Site you have booked. Both form part of your contract with the Host.

7.2 You must comply with all directions from the Host or an emergency services agency relating to safety, fire, flood or evacuation. A direction from a fire authority overrides any permission given by a Host.

7.3 You must not:

• –bring more people, vehicles, tents or pets than your Booking allows
• –light a fire other than in a fire pit provided by the Host, or on a day when a total fire ban applies
• –fly a drone or other aerial device without the Host’s prior written permission and compliance with CASA rules
• –use the Site for a commercial purpose, event, party or paid shoot without the Host’s prior written consent
• –damage, remove or interfere with the Host’s property, livestock, fences, gates or native wildlife
• –leave rubbish or waste other than as the Host directs

7.4 The Host may ask you to leave, without refund, if you or your party seriously breach these Terms, the Site Rules or the Guest Code of Conduct, or if your conduct creates a genuine safety risk.

8. Damage

8.1 You are responsible for loss or damage you or your party cause at the Site, beyond fair wear and tear.

8.2 A Host claiming damage must report it within 14 days of your check out, with evidence. The claim is handled under the Dispute Resolution Policy.

8.3 NextCamp may assist the Host and Guest to exchange evidence and resolve a damage claim under that policy. NextCamp does not charge a payment method after checkout for a damage claim without a new, express payment authorisation from you.

9. Camping involves risk

9.1 Camping and outdoor recreation carry risks that do not exist in serviced accommodation. Many NextCamp Sites are rural or remote. Depending on the Site, those risks may include uneven or unlit ground, trees and falling limbs, fire, water bodies including dams, rivers, surf and swimming holes, wildlife including snakes and spiders, livestock and farm machinery, unsealed access tracks, extreme weather, limited or no mobile coverage, and long response times for emergency services.

9.2 You acknowledge that these are obvious risks of a recreational activity, that you are voluntarily choosing to accept them, and that you are responsible for assessing whether a Site is suitable for you and your party, including for children, older travellers and anyone with a medical condition or mobility need.

9.3 Risk warning for recreational services

This clause is a risk warning for the purposes of the civil liability legislation of the State or Territory in which the Site is located. The recreational services supplied in connection with a Booking may cause personal injury or death. To the extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth) and the applicable State or Territory civil liability legislation, the ACL consumer guarantees are excluded in relation to the supply of recreational services, other than where the injury or death results from conduct done with reckless disregard for the consequences.

9.4 You are strongly encouraged to hold travel insurance and, where relevant, ambulance cover. NextCamp does not provide insurance for Guests.

9.5 Nothing in this clause 9 excludes, restricts or modifies any right or remedy you have under the ACL or other law that cannot lawfully be excluded.

10. Reviews and content you post

10.1 You may post reviews, ratings, photographs and messages. What you post must be accurate to the best of your knowledge, not misleading, not defamatory, and must not infringe anyone’s intellectual property or privacy rights.

10.2 You grant NextCamp a worldwide, non-exclusive, royalty free, sublicensable licence to host, reproduce, adapt, translate and display your content for the purposes of operating the platform. This licence continues for 24 months after you close your account, for archival and dispute resolution purposes.

10.3 NextCamp will only use your content in marketing or promotional material where you have given explicit consent to that use. That consent is captured separately at account creation and can be withdrawn at any time in your account settings. Withdrawing it does not affect material already published.

10.4 NextCamp may remove or restrict content it reasonably believes breaches these Terms or creates a legal or safety risk.

10.5 Do not photograph or publish images of a Host’s home, family or other Guests without their agreement.

11. Privacy

11.1 NextCamp handles your personal information in accordance with the Privacy Policy.

11.2 When a Booking is confirmed, NextCamp discloses your name and relevant contact and booking details to the Host so the stay can be delivered. The Host must use that information only to deliver your Booking and must handle it in accordance with the Australian Privacy Principles.

11.3 Hosts must disclose any surveillance device at the Site on their listing. Surveillance devices are not permitted in bathrooms, sleeping areas or any private area. If you find an undisclosed device, report it to NextCamp immediately.

12. Liability

12.1 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the ACL or any other law that cannot lawfully be excluded. This clause prevails over the rest of clause 12 to the extent of any inconsistency.

12.2 Subject to clause 12.1, NextCamp is not liable for the acts or omissions of a Host, the condition, safety or suitability of a Site, or the delivery of the stay itself. Those are the Host’s responsibility under clause 3.

12.3 Subject to clause 12.1, NextCamp is not liable for indirect or consequential loss, or for loss of enjoyment, travel costs, or time, arising from a Booking.

12.4 Where NextCamp is liable for a failure to comply with a consumer guarantee in relation to services, its liability is limited to the remedies available under section 64A of the ACL, which may include resupply of the services or payment of the cost of resupply, as applicable to the circumstances. NextCamp does not elect between remedies in a manner inconsistent with the ACL.

12.5 Nothing in these Terms limits NextCamp’s liability for personal injury or death caused by NextCamp’s own negligence.

13. Disputes

13.1 If something goes wrong, raise it with the Host first. Most issues are resolved that way.

13.2 If it is not resolved, lodge a dispute under the Dispute Resolution Policy. The internal process has a 14 day lodgement window from check out, which exists so evidence is still available. That window does not limit any right you have under the ACL or at law, and it does not prevent you making a claim after it closes through other channels.

13.3 Personal injury, legal claims and criminal matters are outside the internal dispute process and should be directed to the appropriate authority, your insurer or a lawyer.

13.4 You may contact NSW Fair Trading, the Fair Trading body in your State or Territory, or the ACCC at any time. Nothing in these Terms requires you to exhaust the internal process first.

14. Suspension and termination

14.1 NextCamp may suspend or close your account, on reasonable grounds, where you breach these Terms or the Guest Code of Conduct, where there is a genuine safety risk, where fraud is reasonably suspected, or where required by law.

14.2 NextCamp will tell you the reason as soon as reasonably practicable and give you a reasonable opportunity to respond, unless doing so would create a safety or legal risk.

14.3 You may close your account at any time. Confirmed Bookings remain on foot unless cancelled under clause 6.

15. Changes to these Terms

15.1 NextCamp may vary these Terms by giving you at least 30 days notice by email and on the platform, setting out the change and its effect.

15.2 Bookings confirmed before the effective date continue under the previous version of these Terms.

15.3 If a variation would be materially detrimental to you, you may close your account without penalty before it takes effect.

16. Document precedence

(a) The NextCamp platform documents are the Platform Terms of Use, the Host Terms of Service, the Guest Terms, the Guest Code of Conduct, the Dispute Resolution Policy and the Privacy Policy (together, the Platform Documents). This document is the Guest Terms.

(b) If there is any inconsistency between Platform Documents, the following order of precedence applies, with the higher ranked prevailing to the extent of the inconsistency:

1. (i) the Privacy Policy, but only in relation to the collection, use, holding, disclosure and security of personal information;
2. (ii) the Host Terms of Service, in relation to a Host and the operation of a Site;
3. (iii) the Guest Terms, in relation to a Guest and a Booking;
4. (iv) the Guest Code of Conduct, in relation to Guest conduct;
5. (v) the Dispute Resolution Policy, in relation to the process for resolving a dispute, but not in relation to any substantive right, liability or entitlement to money;
6. (vi) the Platform Terms of Use, in relation to all other matters.

(c) Despite paragraph (b), no Platform Document operates to exclude, restrict or modify any right or remedy under the Australian Consumer Law, the Privacy Act 1988 (Cth) or any other law to the extent it cannot lawfully be excluded.

(d) A Platform Document that is silent on a matter is not inconsistent with another Platform Document that deals with that matter.

17. General

17.1 These Terms are governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them. If you live in another State or Territory, this does not deprive you of the protection of the consumer law of the place where you live.

17.2 If a term is found void, unenforceable or unfair, it is severed to the minimum extent necessary and the rest continues.

17.3 A failure or delay in exercising a right is not a waiver of it.

17.4 You may not transfer a Booking to another person without the Host’s agreement.

18. Contact

If you have a question about these Terms or a Booking, contact NextCamp support.