1 The following definitions apply in these terms and conditions:
‘Arrival’ means the date on which the Facilities are to be provided or shall start to be provided by the Hotel
‘Client’ means the person for whom the Hotel has agreed to provide the services in accordance with these terms
‘Contract’ means the contract for the provision of the Services in accordance with these terms
‘Deposit’ means the payment specified in paragraph 5 and the Schedule
‘Hotel’ means Ballina Beach Resort which is operated by Opal Hotels & Resorts Pty Ltd atf AYTEEGEE Trust of PO Box 628, Ballina 2478, situated at Compton Drive, Ballina NSW 2478
‘Keys’ includes any type of security tool allowing the Client access to his room(s)
‘Services’ means the provision of accommodation, function room hire and/or supply of food and beverages and other services, associated with hotel services, by the Hotel, for the Client, described in writing by the Hotel
‘Schedule’ means the Schedule of deposits and charges and payments and cancellation charges at the end of these terms ‘Standard Charges’ means the charges shown in any current web site, brochure or other literature or signs of the Hotel ‘Terms’ means these terms and conditions
2 All contracts
These Terms apply to all contracts of any kind made by the Hotel with its Clients and apply to all reservations, bookings and agreements for accommodation, dining, function room hire and use of all facilities at the Hotel.
3.1 If the Hotel confirms a reservation by any method (telephone, email message, online booking system or other method) the Contract is conditional on the Client supplying credit card details prior to Arrival. The authority for charges (including any cancellation charges) shall be levied, on the payment terms in the Schedule.
3.2 If the credit card details and authority are not provided to the Hotel by the Client then the Contract will cease to have effect, except for any liability (including any cancellation charges) accrued by the Client. The Services that had been subject to the reservation may then be re-sold by the Hotel.
4 Supply of the Services
4.1 The Hotel will supply the Services to the Client under the Contract. The Client shall at his own expense supply the Hotel with all necessary information relating to the Services within sufficient time to enable the Hotel to provide the Services in accordance with the Contract. The Client shall ensure the accuracy of all such information.
4.2 The Hotel may at any time alter the Services:
4.2.1 To comply with statutory requirements (including those regarding health and safety health, or
4.2.2 Out of unforeseen necessity.
4.3 Right of entry In the event that the Hotel has a legitimate cause for concern or if the guest has not been seen or able to be contacted over a period of time the apartment may be entered by the Hotel Manager or their delegate to ensure the safety and comfort of other guests and our property
The charges payable by the Client shall be specified in writing by the Hotel, provided that where no charges are so specified or other Services are provided to the Client, the Client shall pay for those Services at the rate of the published Standard Charges for the day on which the Services are provided. The Standard Charges may be varied from time to time. All charges shall include Tax at the applicable rate.
6 Deposit payments
Deposits are non-refundable and the requirements for them are specified during booking.
7 Credit card details & Authority to charge credit cards
7.1 Upon confirmation of the booking, the Hotel shall request credit card details from the Client.
7.2 All personal and credit card details will be stored in line with Data Protection laws.
7.3 When providing credit card details for payment or as guarantee the Cardholder authorises the Hotel to charge the credit card for charges incurred in relation to any booking made on their behalf.
7.4 Charges to credit cards shall be applied where the Client does not arrive, or if the Client cancels (in line with the cancellation charges in the Schedule), or if the Client leaves the Hotel without paying in full.
8.1 The payments to be made to the Hotel by the Client (including deposits) are to be made on the date and in the amount to be calculated as specified in the Schedule.
8.2 If any of the Services under the Contract are varied prior to arrival then the payments shall reflect the latest details contained in the Hotel’s literature and/or website.
8.3 Any additional charges due to the Hotel from the Client for the Services shall be paid by the client on presentation of an invoice.
9 Client obligations
9.1 Arrival and departure times for accommodation are 2.00pm and 10:00am respectively.
9.2 The Client is responsible to ensure the good conduct of his guests in the Hotel and, in particular to ensure that they cause no nuisance or annoyance to any person and that they cause no personal injury or physical damage. Parties or gatherings are strictly prohibited in guest rooms. Disturbance to other guests and neighbours including excessive noise and music is prohibited and may result in eviction without refund.
9.3 The Client has an obligation to ensure:
9.3.1 that he does not leave or render any part of the Hotel insecure,
9.3.2 that he does nothing to cause a fire,
9.3.3 that he complies with directions on all notices posted in the Hotel, such as safety notices, and
9.3.4 that he leaves the keys at reception whenever he leaves the Hotel.
9.3.5 that he does nothing to breach health and safety standards.
10 Cancellation charges
10.1 The Client agrees to pay charges to the Hotel in the event of cancellation of the booking of the Services or if the Client fails to take up the Services at the time and on the day that they were booked for.
10.2 Cancellation charges shall be calculated as specified in the Schedule.
10.3 We suggest you consider travel insurance to cover any losses incurred if unforeseen circumstances force you to alter your travel plans.
11 Variation in requirement for Services
Any variation in numbers, accommodation and food and beverage requirements contracted for must be agreed in writing (which includes facsimile or email message) between the parties.
12 Liability of Hotel
12.1 When the Hotel supplies the Services, which include any services supplied by a third party, the Hotel does not give any warranty or guarantee as to their quality, fitness for purpose or otherwise but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying those services to the Hotel.
12.2 The Hotel shall have no liability to the Client for any loss, damage, costs or expenses or other claims for compensation arising from any instructions supplied by the Client which are incomplete, incorrect, illegible, out of sequence or in the wrong order or form, or arising from the Client’s late arrival, non-arrival or any other fault of the Client.
12.3 Except in respect of negligence of the Hotel, or as expressly provided in these Terms, the Hotel shall not be liable to the Client by reason of any innocent representation or any implied warranty, condition or other term, or any duty at common law, for any loss of profit, opportunity or any indirect, special or consequential loss, damage, costs, expenses or other claims (however caused) which arise out of or in connection with the provision of the Services (including any delay or failure to provide them) or their use by the Client, so however that, the entire liability of the Hotel under or in connection with the Contract shall be limited to the amount of the charges for the provision of the Services in question.
13 External contractors and Equipment
13.1 The Hotel must be notified by the Client of any external contractor which the client proposes to use and must obtain the prior permission of the Hotel to use any such contractor to provide any services for the Client in the Hotel.
13.2 The Client must on request from the Hotel supply copies of public liability insurance or such other insurance as the Hotel may require and receipts for the last premium paid in respect of any external contractor retained to perform services for the Client in the Hotel.
13.3 The Client may not bring any electrical or audio visual equipment into the Hotel without the written permission of the Hotel and only if such items comply with safety standards.
13.4 The Client will indemnify the Hotel against any loss or damage caused to the Hotel, its staff, contractors, clients and guests and any property of the Hotel arising out the engagement of any external contractor by the Client in the Hotel.
13.5 The Client may not use any signage or photographic equipment in the public areas of the Hotel.
14.1 If the Client:
14.1.1 commits any material breach of these Terms,
14.1.2 has a trustee receiver, administrative receiver or similar officer appointed in respect of all or any part of the business or assets of the Client or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding-up of the company or for the making of an administration or bankruptcy order (otherwise than for the purpose of amalgamation or reconstruction), the Hotel may at any time terminate the Contract by giving written notice to the Client.
14.2 Any termination of the Contract under this paragraph shall be without prejudice to any other remedies available to the Hotel.
14.3 We suggest you consider travel insurance to cover any losses incurred if unforeseen circumstances force you to alter your travel plans.
15 Entire understanding
This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty or other term not forming part of this agreement, including by reference.
16 Severability and waiver
16.1 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as independent and severable from each other paragraph and therefore separately enforceable.
16.2 No delay by the Hotel in exercising any right, power or provision hereunder shall operate as a waiver of the exercise of any right at a future time.
17 Force Majeure
17.1 Clients, guests and booking agents of Ballina Beach Resort are allowed partial impossibility in an agreement where the performance of the agreement by either party is subject to acts of God, war, terrorism, government regulations, national disaster, strikes, civil disorder or curtailment of transportation facilities beyond the control of the parties making it inadvisable, illegal, or impossible to fulfil some or all of the agreement. The Agreement may be terminated without penalty for any one or more of such reasons by written notice from one party to the other.
This Agreement shall be interpreted according to the Laws of Australia and the Parties agree to submit to the exclusive jurisdiction of the Australian courts.
19 Acceptance by Client
By making a reservation at the Hotel, the Client confirms they have understood and accept these terms & conditions.
19.1 Schedule: Deposits, charges, payments and cancellation charges
19.1.1 Deposits If full prepayment or deposit payment is required at the time of booking, the Hotel will confirm the amount of the payment or deposit required.
19.1.2 Charges Charges for accommodation are displayed and updated on our website – www.ballinabeachresort.com.au.
19.1.3 Cancellation charges policy Cancellation charges for cancelling a booking are as follows: If you need to cancel your booking/booking request please notify us immediately by e-mail or fax. In the final step of these booking procedures, you will be prompted to print out all your booking details. On this printout, you can find our e-mail and fax contact details. If you cancel after we have confirmed your booking(s) or fail to arrive on the nominated day, we will charge you a cancellation fee. The amount of this cancellation fee is related to how long in advance, that is prior to commencement of travel, you cancel your booking. Commencement of travel is the date you nominated to arrive at the hotel.
We suggest you consider travel insurance to cover any losses incurred if unforeseen circumstances force you to alter your travel plans.
The cancellation fees are as follows:
Outside Peak/High season / Special event dates / Christmas / Easter, the following cancellation policy applies:
1. In the event of a cancellation prior to 24 hours before your arrival date no fee will be charged.
2. In the event of cancellation within 24 hours before your arrival date arrival you will be charged a fee equivalent to one night's accommodation of the booking.
3. In the event of a failure to arrive on the booked date you will be charged a fee equivalent to one night's accommodation of the booking.
4. For GROUP BOOKINGS of three (3) or more rooms, the prior notice of cancellation above is increased to 7 days.
5. NO CANCELLATIONS are permitted after arrival. Unused room nights are forfeited in the event of an early departure.
During Peak/High Season and On Special Event Dates (including Christmas & Easter holidays):
1. In the event you need to cancel a booking within two (2) days prior to arrival you will be charged the full value of your accommodation booking.
2. In the event you need to cancel a booking from three (3) to seven (7) days prior to arrival you will be charged a cancellation fee equivalent to fifty percent (50%) of the value of your accommodation booking.
3. In the event of a failure to arrive on the booked date you will be charged a fee equivalent to the full accommodation charges for the entire period of your booking. This policy is applied to cover the likelihood we will be unable to relet the room at that late stage.
4. For GROUP BOOKINGS of three (3) or more rooms, the prior notice of cancellation above is increased to 21 days.
5. NO CANCELLATIONS are permitted after arrival. Unused room nights are forfeited in the event of an early departure. 19.1.4 Amendments to bookings Bookings can only be amended more than 14 days prior to commencement. If you wish to change your booking, either the type of tour, departure date or passenger names within 14 days prior to the departure date, you will need to cancel your existing booking and make a new booking. Each amendment (not cancellation) to the original booking after confirmation will incur an amendment fee of A$25 per amendment.