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1.
General
1.1
These terms and
conditions apply to all bookings made through Whitsunday Holidays.
1.2
Placing a booking with
Whitsunday Holidays and paying a deposit constitute acceptance of these terms
and conditions.
1.3
Whitsunday Holidays acts
as agent for the Property Owner.
1.4
Clause 5 sets out
definitions and rules for interpreting these terms and conditions.
1.5
These terms override any
inconsistent part of the 'Summary of Terms and Conditions' that forms part of
the agreement signed by you.
1.6
These terms are subject
to and modified by any Special Conditions attached to or forming part of the
agreement signed by you.
2.
Terms about your
booking
2.1
Deposit and Payment Terms
(a)
You must pay the
Deposit at the time that the booking is made.
(b)
You must pay the
final payment at least 30 days prior to the Arrival Date; or if you make your
booking less than 30 days prior to the Arrival Date then payment in full must
be made at the time of booking.
(c)
If the Deposit or final payment is not received by the due date, Whitsunday
Holidays may cancel the booking, without any requirement to notify you.
2.2
Cancellations
Bookings cancelled by you after acceptance by
Whitsunday Holidays and payment of the Deposit are subject to cancellation fees
as follows:
(a)
The 20% Booking
Deposit is non-refundable but is transferable to another date within the same
property;
(b)
The balance (due
30 days prior to arrival) is non-refundable and non-transferable, unless the
booking can be replaced. In that case a AUD$100 cancellation fee applies.
Whitsunday Holidays recommends that you consider
arranging travel insurance to protect against possible loss in case personal
circumstances result in a late cancellation.
2.3
Prices, Payment Options
& Invoicing
(a)
Prices are in Australian dollars and all payments must be made in
Australian dollars.
(b)
Prices include Goods & Services Tax (GST).
(c)
Payment will only be credited when cleared funds are received.
(d)
Whitsunday Holidays is not responsible for delays in postal delivery or
in bank or payment system processing. It is your responsibility to ensure that
payments are received within the times specified.
(e)
Payments accepted include credit cards (Visa, Mastercard, American
Express), personal or bank cheques, bank drafts and telegraphic transfer.
(f)
A credit card surcharge fee of 1.5% (Visa), 2.8% (Mastercard)) or 3.5%
(American Express or Diner's Club) will be charged on any payments are made by
credit card.
(g)
Direct debit payments may be made to Whitsunday Holidays, National
Australia Bank Limited, BSB 084-501; A/C no. 56447 3997. Please ensure that you
quote the reference number from your Booking Agreement.
(h)
Cheques and other paper payment materials should be posted to [PO Box 41, Hamilton
Island, Qld, 4803].
(i)
Whitsunday Holidays is not liable for and is not required to honour any
pricing displayed that is quoted in error. Confirmation and invoices are
subject to re-issue if incorrect through error or omission and you agree to
then pay the correct cost or to cancel the booking. A cancellation under these
circumstances does not incur any cancellation fee.
2.4
Arrival and Departure
(a)
All bookings include on island arrival and departure transfers. Keys
will be supplied on arrival and must be returned at departure.
(b)
Standard check-in is 2pm
and standard check-out is 10am.
(c)
For guaranteed arrival prior to 2pm,
the Property must be reserved from the previous night and therefore includes an
additional nightly charge.
(d)
Late check in after the standard closing time of 5pm is at the discretion of Whitsunday
Holidays; may not be available and may incur a fee. If you desire late check in
then enquiries should be made at the time of booking.
(e)
Late check out is at the discretion of Whitsunday Holidays, must be
requested the night before check out; and may incur a fee.
2.5
Privacy
(a)
Whitsunday Holidays collects the personal information in the Booking
Agreement to enable the efficient provision of the goods and/or services that
you have requested and to complete the administrative and payment functions
associated with that transaction.
(b)
You agree that Whitsunday Holidays may use the information collected for
that purpose.
3.
Terms about your
occupancy
3.1
Licensee, not tenant
(a)
You agree that
you will be a licensee only of the Property and not a tenant of any kind.
(b)
Your licence to
occupy may be revoked without warning if you breach the terms of this
agreement, especially the conditions regarding reasonable use and maximum
occupancy.
3.2
Conditions of use
(a)
You agree to
ensure that all occupants treat the Property and all fittings with reasonable
care and you agree to pay for any damage caused by misuse, neglect or abuse
during your occupancy.
(b)
You agree to
ensure that all occupants act in a manner that does not cause any nuisance or
disturbance to nearby occupiers.
(c)
Pets are not
permitted. This does not apply to seeing eye dogs.
(d)
You agree to
comply with all applicable laws and with the regulations of Hamilton Island
Limited.
(e)
You agree to
vacate the Property in a reasonably clean condition, including all barbeques
and other fittings. You agree to pay any reasonable excess cleaning fees if the
Property is not left in a clean condition.
(f)
Mobile telephone
reception on the island is generally good. There is an internet cafe and there
are several wireless internet hot spots on the island. Usual phone connections permit
calls within the island only. Such calls are at no additional cost. External
phone connection and dial up internet access is available upon request and at
an additional cost. If telephone or internet connection is included in the
Booking Agreement, or requested
separately, you agree to pay a connection and set up fee (AUD$60.00 as at booking date but subject to change)
and agree to pay all usage costs.
(g)
You agree to not
exceed the maximum number of occupants specified in the Booking Agreement.
3.3
Security
(a)
You agree to provide a credit card to hold as security against damages and excess
cleaning..
(b)
You agree that
Whitsunday Holidays may draw upon the security deposit to make good any
damages, pay any additional cleaning costs, telephone or internet costs and
late check out fees.
3.4
Items left behind
(a)
You will be
notified if Whitsunday Holidays finds any items left on the Property that may
belong to you.
(b)
You agree to pay
the cost of complying with any forwarding instructions that you may give
regarding items left behind by you; and agree that the cost may be deducted
from the Security Bond.
(c)
If you do not
give instructions as to how any found items are to be dealt with within 7 days
of Whitsunday Holidays requesting those instructions, then those items may be
treated as abandoned and may be disposed of by Whitsunday Holidays without any
liability to you.
4.
Terms about use
of the golf buggy
A golf buggy will be supplied for your use while
staying at the Property. You agree with Whitsunday Holidays that:
4.1
The buggy is supplied 'as
is'. Whitsunday Holidays is not liable to compensate you for the unavailability
of the buggy, or for any defect or break down in the functioning of the buggy,
regardless of cause.
4.2
You have the right to
use the buggy as licensee only and that the licence may be revoked without
prior warning if you contravene any of the terms of this agreement that relate
to use of- the buggy, or the buggy
appears to have been abandoned.
4.3
The golf buggy will only
be driven by an adult person with a valid driver's licence, who is designated
as a driver in the Booking Agreement;
4.4
You will not drive (and
you will not permit any other designated driver to drive) the buggy:
(a)
between 1.00 a.m.
and 5.30 a.m. (Hamilton
Island buggy curfew);
(b)
with a blood
alcohol content in excess of 0.05%, or while adversely affected by drugs
(prescription or otherwise);
(c)
in any area sign
posted 'No Buggies' or 'Restricted Area';
(d)
on any unsealed
road, grassed area, air strip, beach or other 'off-road' area;
(e)
contrary to any
road sign; or
(f)
faster than 20 kilometres
per hour.
4.5
You will drive the buggy
(and will require any other designated driver to drive the buggy) in a safe and
reasonable manner and in particular will ensure that a driver:
(a)
does not
contravene any Queensland
road traffic regulations;
(b)
does not
contravene any Hamilton
Island traffic regulations;
(c)
does not carry
more than the specified maximum number of passengers;
(d)
removes the
ignition key from the buggy when it is not in use.
4.6
You will (if applicable)
refuel the buggy with appropriate fuel prior to returning it.
4.7
You will return the
buggy in a clean, tidy and undamaged condition, fair wear and tear excepted. You
agree that tyre damage, under body damage, overhead damage and windscreen
damage are not fair wear and tear. You will use the buggy entirely at your own
risk; and that Whitsunday Holidays will not be liable for any loss, damage,
personal injury or death resulting from your use of the buggy.
4.8
You agree to indemnify
Whitsunday Holidays against any loss or damage arising out of:
(a)
Any damage to the
buggy or the Property, any injury to or death of any person, any damage to your
property or the property of any third party and any consequential loss, cost
(including legal costs) or expense of any kind arising out of the negligent use
of the buggy- by any person using the
buggy with your permission;
(b)
Any charges
claimed by Hamilton Island Enterprises Pty Ltd for parking or traffic
violations while the buggy is licensed to you.
4.9
You agree that:
(a)
the cost of
refuelling the buggy upon return (if applicable);
(b)
the cost of
additional cleaning or repairs; and
(c)
the cost of
amount of any indemnity in this clause;
may be deducted from your Security Deposit and the
surplus (if any) must be paid upon demand.
5.
General
5.1
Definitions and
interpretation
(a)
'You' means the
licensee who signs the Booking Agreement;
(b)
'Whitsunday
Holidays' means TL and KL Kaighin trading as Whitsunday Holidays and, where
applicable, includes its employees and agents; and the Property Owner.
(c)
Terms used have
the meanings as set out against them in the Booking Agreement
(d)
Queensland law applies to this agreement.
5.2
Limitation of Liability
The Trade Practices Act 1974 (Cth) and corresponding state and territory
legislation imply terms, conditions and warranties into some contracts for the
supply of goods and services and prohibit the exclusion, restriction and
modification of such terms. Subject to those restrictions and limitations and
to the full extent permitted by law:
(a)
all goods and services booked through Whitsunday Holidays are provided
on an 'as is' basis without any warranties or representations of any kind;
(b)
all statutory or implied conditions or warranties of any kind, including
but not limited to implied warranties of merchantability and fitness for a
particular purpose are expressly disclaimed;
(c)
Whitsunday Holidays is not liable to you for any loss or liability of
any kind caused by any delay or failure to (i) provide information or (ii) perform
operations requested (including but not limited to payment processing) or (iii)
do so correctly, including but not limited to as a result of or in connection
with (i) any delay or failure in any transmission or communication facilities; (ii)
any failure or delay caused by third parties; or (iii) any other event beyond
the reasonable control of Whitsunday Holidays.
(d)
Whitsunday Holidays' liability to you is limited at Whitsunday
Holidays' option to replacement, repair or re-supply of goods, re-supply of
services, or to payment of the cost of the same;
(e)
Whitsunday Holidays shall not be liable for any loss or damage
whatsoever (including, without limitation, direct, indirect, incidental,
special and/or consequential loss or damages (including but not limited to loss
of profits, revenue, expectation, business, goodwill or data)), whether arising
under contract, tort (including negligence) or any statutory cause of action,
resulting directly or indirectly from or arising in connection with any goods
or services provided or booked through Whitsunday Holidays.
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