Booking Terms & Conditions

  1. 1. INTRODUCTION

(a) JBH BLUE MOUNTAINS PTY LTD ABN 70 681 701 388 trading as “Japanese Bath House” (Japanese Bath House, our, we or us) operates a traditional Japanese bath house and provides a variety of services including accommodation options, massages or facial Services packages, or any other similar Services offered by us from time to time (Services). 

(b) Services can be completed by the Client on a one-off basis or on a bundle or package as set out on our Website (Package). These terms and conditions (Terms) govern Japanese Bath House’s supply of the Services to you or where applicable, the person for whom you are the parent or guardian (the Client, you, or your). 

(c) By making a booking online or in-person or otherwise making payment for a Service (Booking), you automatically become a Client of Japanese Bath House and agree to be bound by these Terms.

(d) We may change these Terms at any time by updating the Terms and Conditions page on our website, being https://www.japanesebathhouse.com.au/ (Website), and your participation in the Services following such an update will represent an agreement by you to be bound by the Terms as amended.

2. Account

2.1 CREATING AN ACCOUNT

(a) To make a Booking for Services online, you may be required to register an account through our third party booking platform (Account). 

(b) As part of the Account registration process, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing and postal addresses, mobile phone number, payment details, and other information as determined by us from time to time.

(c) You warrant that any information given to us, including information given in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date. 

(d) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these Terms.

2.2 Making a booking 

(a) To make a Booking, you must do so via our website, your Account, or directly with us at reception. Service inclusions are displayed on our website or curated directly by one of our staff and communicated to you directly. 

(b) Your Services will take place on the date and at the time of the Booking made through our third party booking platform (or arranged for you in person at reception). Any changes to your Booking should be made via our third party booking platform. 

3. Services

3.1 General

(a) The types, styles, and varying inclusions of Services offered by us including Fees and details of inclusions are as set out on our Website from time to time or as communicated to you in writing.

(b) Prior to commencing your Services, you must:

  • (i) read must read and agree to our Conditions of Entry to the premises, which are available here; 
  • (ii) complete and return our Health Waiver prior to participating in any of the Services (Health Waiver); 

(c) You acknowledge and agree that Japanese Bath House will rely on the information provided by you in the Health Waiver in determining whether or not the Services are suitable for you. We will not be responsible for any loss or damage suffered by you as a result of any misrepresentation, inaccuracy, error, omission, or incompleteness in any information provided to us.

(d) All guests must comply with the Conditions of Entry and these Terms and may be asked to leave the property if they are found to be in breach of the Conditions of Entry or these Terms and no refund will be provided for the Services.

(e) Japanese Bath House is designed to be accessibility-friendly and strives to ensure that all guests can enjoy the Services (including having accessibility ramps and dedicated changing rooms and other amenities). If you (or any other guest) have specific accessibility requirements, you must inform as in advance of your Booking to ensure we can make necessary accommodations.

3.2 DISCLAIMERES

(a) (Risks) You understand and acknowledge that participating in the Services may expose you to risk, including serious accidents, injury, muscle soreness, bruising, allergic reactions, other potential physical discomfort, or even death (e.g. by drowning). You assume all risk of injuries associated with the Services, including but not limited to:

  • (i) in the case of Services in our private or public baths, submerging yourself in hot water for extended periods of time and walking on slippery services; and
  • (ii) in the case of massages, physical manipulation, deep-tissue work, stretching, physical pressure, and the application of oils or other substances designed to improve relaxation and well-being.

You exclude Japanese Bath House from any liability for loss or damage arising from your participation in the Services.

(b) (Personal belongings) We have lockers available which may be used to temporarily store your personal belongings while you engage in our Services. You understand and acknowledge that our Services are delivered in a shared space and that we have no responsibility for any loss or damage to your personal belongings. 

(c) (Pre-existing condition) You warrant and represent that you have no injuries, physical restrictions, disabilities or predispositions to sickness or injury (Conditions) that may affect your participation in the Services or that if you are aware of such Conditions, you participate in any Services provided by Japanese Bath House entirely at your own risk. If you believe a Service will not be safe, you must inform the relevant Personnel of that fact and not participate in such Services.

(d) (Results not guaranteed) We make no representations or warranties that a Service will bring about any particular result, outcome or improvement, whether aesthetic or otherwise. You acknowledge and agree that participation in a Service does not guarantee any particular result or outcome and that results differ for each participant depending on personal circumstances. 

(e) (Non-medical services) You acknowledge that our Services are not medical or health Services and should not be relied upon to address or treat underlying medical or health conditions. Some Services may involve physical stress to the body which may subject you to risk of serious injury. Japanese Bath House urges you to obtain a physical examination from a doctor before participating in any Services if you are at high risk of injury (e.g. if you are pregnant or have an underlying health condition). You agree that when you use any Services provided by Japanese Bath House, you do so entirely at your own risk. We at our absolute discretion, may refuse participation in the Services to you, if we believe that your physical condition renders the Services unsuitable for you. 

3.3 ACCOMODATION

(a) If the Booking or Services include overnight accommodation (Accommodation), this clause 3.3 will apply.

(b) Each room has a maximum occupancy and you must not allow the maximum occupancy to be exceeded without our express consent (e.g. by bringing your own additional bedding). Unauthorised guests will be asked to leave the premises. 

(c) When you make a Booking, you will be provided with a check-in (including a time by which you must arrive to check-in) and check-out time. We reserve the right to charge an additional fees if you check-in or check-out after the specified time without our express consent. 

(d) You are responsible for leaving the room in the same condition in which it was provided. You agree that:

  • (i) you will be liable for any damage to the room or any furnishings or other items in the room, including the cost of repair or replacement or deep cleaning of the room;
  • (ii) you must notify us immediately of any such damage; 
  • (iii) you must not attempt to repair or clean and damage without our prior consent.

(e) You must not, and must not allow any other person to:

  • (i) bring any pets or animals on to any part of the property;
  • (ii) smoke any substance in the room, in common areas, including carparks, foyers, corridors, gardens, or elsewhere on the property (including the use of vapes or e-cigarettes) except in any designated smoking area;
  • (iii) engage in any dangerous or illegal activity while in the room or elsewhere on the property; and
  • (iv) do anything which may otherwise damage the property or disturb or disrupt the enjoyment of any other guests

(f) We are not responsible for any lost, stolen, or damaged personal items which are left in the Accommodation or one of the other facilities or shared spaces after your Booking.

4. PARTICIPANT’S OBLIGATIONS

4.1 Capacity and Age

(a) You warrant that you have the legal capacity and are of sufficient age to enter into a binding contract with Japanese Bath House.

(b) You acknowledge and agree that you must be at least 18 years old to make a Booking for any Services.

(c) Unless otherwise specifically stated, you must be at least 15 years old to participate in the Services. Where we permit any person under the age of 18 to participate in the Services (e.g. using the bath house):

  • (i) you must ensure that each minor complies with these terms; 
  • (ii) you are responsible for the actions of those minors; and
  • (iii) you agree to the terms of this agreement in respect of the minor. 

4.1 GENERAL

(a) You must provide us with all documentation, information and assistance reasonably required for us to provide the Services.

(b) You must participate in any briefings and/or introductions as notified by us, which includes the signing of any waiver forms and acknowledging Japanese Bath House’s premises rules prior to engaging in any Services. 

4.3 SAFETY

You warrant that you: 

(a) comply with our Conditions of Entry, any safety guidelines, instructions and/or rules that our Personnel provide to you prior to the Services; and

(b) stop participating in any Services, and alert us or our Personnel, if you have any concerns about your health or safety or if you start feeling dizzy, faint, unwell or feel any unusual pain during the Services.

5. BOOKING AVAILABILITY

You acknowledge and agrees that: 

(a) unless directed otherwise, you are required to book your Services in advance via Japanese Bath House’s website or third party booking platform;

(b) if you arrive to a booked Service at the end of your Booking time allotment or fail to attend at all, your Services will be considered missed and in such case will not be entitled to a refund or credit of the value of the Services or an extension of your Booking time (except where we expressly agree to do so – e.g. due to unforeseen circumstances)

(c) if you arrive to a booked Service after the start of your Booking time, we will not extend the length of your Booking.

6. PAYMENT

6.1 FEES

All Fees are:

(a) as displayed and accepted by you at the time of checkout (Fees);

(b) in Australian Dollars; and

(c) subject to change without notice prior to payment being received.

6.2 PAYMENT OBLIGATIONS

Except as otherwise specifically stated, you must pay the Fees in full at the time of purchasing the Services.  

6.3 GST

Unless otherwise indicated, amounts stated on our Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.

6.4 CARD & BOOKING SURCHAGERS

We reserve the right to charge:

(a) a booking or processing fee as charged by our third party booking platform; and

(b) credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa or MasterCard).

6.5 CREDIT CARD STORAGE

You authorise us to store your credit card details for use at a later date if required in relation to any additional charges set out in these Terms or loss or damage to our property caused or contributed to by you or any other guest who you accept responsibility for under these Terms. Any credit card details will be stored by a third party payment provider and not by us directly.

6.6 ONLINE PAYMENT PARTNER

(a) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for the Services. 

(b) The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. 

(c) We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.

6.7 PRICING ERROS

In the event that we discover an error or inaccuracy in the Fees for your booking, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing the Services at the correct Fee or cancelling your booking. If you choose to cancel your booking and the Fees have already been debited, the full amount will be credited back to your original method of payment.

7. GIFT CARDS AND PROMOTIONS

7.1 GIFT CARDS

(a) We may issue gift cards for use on our Website. Gift cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you.

(b) The terms applying to our gift cards will be set out on the Website at the time of purchase and may be updated from time to time. You can access the latest gift card terms and conditions here: https://www.japanesebathhouse.com.au/gift-vouchers/.

(c) Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else. Each gift card must be used in one transaction and cannot be split across multiple transactions. We will not be responsible for any lost gift cards and gift cards cannot be regenerated or replaced.

8. THIRD PARTY GOODS AND SERVICES

(a) Any Services that requires us to acquire goods and services supplied by a third party on behalf of you may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.

(b) You agree to such Third Party Terms and agree to familiarise yourself with any Third Party Terms applicable to any such goods and services.

9. REFUNDS, RESCHEDULING AND CANCELLATIONS 

9.1 REFUNDS

(a) You acknowledge and agree:

  • (i) that the Fees are non-refundable for change of mind; and
  • (ii) that no refund will be given where a Service is unused or missed by you. 

(b) Nothing in this clause is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL) and you may be entitled to a certain remedies (like a refund or replacement) if there is a failure with the goods or services provided.

9.2 RESCHEDULING AND CANCELLATIONS 

(a) We may need to reschedule a Service or limit the availability of our facilities on a temporary basis at any time, including for the purposes of unanticipated repairs, cleaning, and maintenance. We will notify you as soon as possible if it needs to reschedule booked Services.

(b) Where you have made a Booking which you would like to cancel or reschedule, you may be entitled to a refund in accordance with our Cancellation Policy available at: https://www.japanesebathhouse.com.au/cancellations/.

(c) Notwithstanding the Cancellation Policy, if you request to reschedule a Service on short notice we may, in our discretion, agree to reschedule the Services or provide you with a refund, but are under no obligation to do so unless required by the ACL or other applicable law. 

10. INTELLECTUAL PROPERTY

(a) You will not acquire Intellectual Property Rights in our IP under these Terms or as part of receiving a Service.

(b) For the purposes of this clause 10:

  • (i) “Japanese Bath House IP” means the Material produced, owned or licenced by Japanese Bath House prior to or developed in the course of providing the Services, either alone or in conjunction with the Client or others, and any Intellectual Property Rights attaching to that Material. 
  • (ii) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world, including copyright, trade marks, designs, patents or other proprietary rights, confidential information and the right to have information kept confidential, or any rights to registration of such rights whether created before or after the time of Booking, whether registered or unregistered.
  • (iii) “Material” means tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.

11. LIABILITY AND INDEMNITIES

11.1 LIABILITY

(a) To the maximum extent permitted by law and subject to clause 12.1(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you to Japanese Bath House in the 3 months preceding the date of the event giving rise to the relevant liability.

(b) Clause 12.1(a) does not apply to your liability in respect of loss or damage sustained by the Japanese Bath House arising from your breach of clauses 3 and 4.

12.2 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Japanese Bath House, except:

(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

12. WARRANTIES

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in these Terms are excluded.

(b) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

13. PRIVACY

You agree to be bound by our Privacy Policy, which is available here.

14. DISPUTE RESOLUTION 

(a) A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with these Terms must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

15. FORCE MAJEURE

(a) If we become unable, wholly or in part, to carry out an obligation under these Terms (other than an obligation to pay money) due to a Force Majeure Event, we must give to you prompt written notice of:

  • (i) reasonable details of the Force Majeure Event; and
  • (ii) so far as is known, the probable extent to which we will be unable to perform or be delayed in performing its obligation. 

(b) Subject to compliance with clause 16 the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(c) We will use our best endeavours to overcome or remove the Force Majeure Event as quickly as possible.

(d) For the purposes of these Terms, a ‘Force Majeure Event’ means any:

  • (i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
  • (ii) strikes or other industrial action outside of the control of Japanese Bath House; or
  • (iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic.

16. NOTICES

(a) A notice or other communication to a party under these Terms must be in writing and delivered via email to the other party, to the email address most regularly used by the parties to correspond (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given 24 hours after the email was sent, or when replied to by the other party, whichever is earlier.

17. GENERAL

18.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

18.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

18.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

18.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

18.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

18.6 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

18.7 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation;

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(k) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.