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Beaches Apartments Pty Ltd trading as the Margarets Beach Resort ("Margarets Beach Resort")

1. Introduction

Welcome to the Margarets Beach Resort.

Margarets Beach Resort provides its services to you at its website at www.margaretsbeachresort.com.au ("Website") subject to the terms set out in these Terms and Conditions ("this Agreement"). This Agreement forms part of and should be read in conjunction with the Margarets' Beach Resort "Privacy Policy" and Reservation Form found at the Website.

By using the Website you agree, without limitation or qualification to all of the terms set out in this Agreement, the Reservation Form and the Privacy Policy.

The Margarets Beach Resort reserves the right to change from time to time any of the terms in this Agreement by general notice on the Website, and by using the Website you agree in advance to accept such changes. This Agreement may not be otherwise amended.

2. Services

The Margarets Beach Resort provides a membership and reservation service at its Website allowing you to reserve a room at the Margarets Beach Resort subject to availability and other terms and conditions set out in this Agreement and to provide offers or promotions ("Promotions") on the Website ("Service").

You acknowledge that the Service provided to you is not fault free and relies on factors outside the control of the Margarets Beach Resort. The Service is provided to you at such times and by such means as the Margarets Beach Resort decides from time to time.

3. Registration Obligations

By the Margarets Beach Resort providing the Service to you, you agree to provide accurate and up to date information as requested and keep that information up to date and accurate.

4. Rate

All room rates set out on the Website ("Rates") are per room per night based on single or double occupancy, unless otherwise stated.

All Rates are inclusive of the Australian Goods and Services Tax (GST). Rates on special Promotions and hotel packages are subject to limited availability and may not be available every night. In addition, these rates may not be applicable in conjunction with other promotions, group or conference bookings. Please consult the Margarets Beach Resort Reservation Department for further clarification.

The Rates may increase without notice due to changes in, or imposition of new government charges, taxes or levies. The Rates are subject to changes without notice. The Rates only apply to reservations made at the Website.

5. Guarantee Reservation and Cancellation Policy

Once your reservation is confirmed your credit card will be charged for the full amount of the booking.  Cancellations prior to 48 hours of arrival date   will not incur a cancellation fee.  Cancellations within 48 hours prior to arrival date will incur 100% of the booking will  be charged. Once checked in the full value (100%) of the booking will be charged upon cancellation.  No Shows will incure the full value (100%) of the booking being charged.

6. Promotions

The Margarets Beach Resort may make information regarding Promotions available on the Website. The Promotions are subject to any specific terms and conditions set out in each Promotion in addition to the terms and conditions set out in this Agreement. The Margarets Beach Resort reserves the right to change, modify or withdraw any Promotion at any time.

7. Prohibited Use

By using the Service you agree that you shall not: a. use the Website for a purpose that is unlawful or prohibited under this Agreement; b. disrupt or interfere with the Service or servers or networks connected to the Service; c. use any information for commercial reasons; and d. modify, copy, transmit, display, reproduce, publish, create derivative works from, transfer or sell any information on the Website.

8. Suspension of Service

The Margarets Beach Resort may from time to time without notice modify, discontinue or suspend the Service and you acknowledge that the Margarets Beach Resort will not be liable for any suspension, modification, discontinuance or termination of the Service at any time and for any reason whatsoever.

9. Changes to the Service

You acknowledge that the Margarets Beach Resort reserves the right to change or modify the products, services and programs described at the Website at any time without notice and without liability.

10. Limitations on Liability

You acknowledge that:

a. the Margarets Beach Resort or its suppliers are not liable to you or any other person for any cost, loss or liability (including loss or profit or other consequential damage) arising out of or in connection with the provision of the Service, any information or material issued on the Website or for any other matter arising out of or in connection with this Agreement;

b. the Margarets Beach Resort provides the Service on an "as is" basis and without any warranty or condition expressed or implied. To the extent permitted by law, the Margarets Beach Resort and its suppliers disclaim all implied warranties and conditions, including without limitation implied warranties and conditions on title, merchantability, fitness for a particular purpose and non-infringement; and

c. the following applies if the Australian Trade Practices Act 1974 applies to you. Where any legislation implies any term or warranty that cannot be excluded, then that implied term or warranty will be deemed to be included. However, the Margarets' Beach Resort liability for any breach of such implied term or warranty will be limited where so permitted to:

i. if the breach relates to goods: • the replacement of the goods; or • the repair of such goods; or • the payment of the costs or replacing the goods; or • the payment of the costs of repairing the goods; and

ii. if the breach relates to services:

Upon accepting terms and conditons you accept responsibility for the accommodation to be left in a reasonable conditon upon departure.  If accommodation is not left in a reasonable condition a fee deemed reasonable by management will be incurred upon credit card supplied.

  • the supplying of those services again; or
  • the payment of the costs of having those services supplied again.

    11. Indemnity

    You agree to indemnify the Margarets Beach Resort and its affiliates, officers, employees and agents harmless from any claim or demand made by any third party arising out of or in connection with your breach of this Agreement.

    12. Links

    The Service may provide links to other websites. As the Margarets Beach Resort has no control over the linked website, you acknowledge that the Margarets Beach Resort is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with reliance on such information or material contained on the linked website.

    13. Copyright

    The material used and displayed on the Website for the provision of the Service including but not limited to text, software, photographs, graphics, illustrations and artwork of video, music, sound and names, logos/trademarks are the property of the Margarets Beach Resort or its licensors and are protected under copyright and other laws and you agree not to use such materials without the Margarets' Beach Resort prior written consent.

    14. Assignment

    You cannot assign your rights under this Agreement or any other agreement with the Margarets Beach Resort without the prior written consent of the Margarets Beach Resort.

    15. Governing Law

    This Agreement is governed by the laws of Western Australian and the parties submit to the jurisdiction of the Western Australia Courts.

    16. No Agency

    You and the Margarets Beach Resort are independent contractors and no agency, partnership, joint venture or employee-employer or any other relationship is intended or created by this Agreement.

    17. Entire Agreement

    This Agreement, the Reservation Form and the Privacy Policy sets out the entire understanding and agreement between us.

    18. Failure to Act

    The failure by the Margarets Beach Resort to act with respect to a breach by you or others does not waive the Margarets Beach Resort rights to act with respect to any other breaches.

    19. No Guarantee

  • The Margarets Beach Resort does not guarantee continuous and uninterrupted access to the Services and operation of the Website due to numerous factors which may occur outside the Margarets' Beach Resort control.

            20.  NO PETS.   ALL ACCOMMODATION IS NON -SMOKING

            21.  Management reserves the right to decline bookings.

 

Upon accepting terms and conditons of stay you accept responsibility of accommodation to be left in a reasonable conditon upon departure.  If accommodation is not left in a reasonable condition  a fee deemed reasonable by management will be charged to supplied credit card.  I authorise that the hotel to debit my credit card to recover the cost of any outstanding charges.