Palana Beach Retreat

Terms and Conditions of booking

These terms and conditions regulate both the Booking You ordered through Our Website and the occupation of the Retreat or other facility when You come to the Retreat. When You use Our Website or book the Retreat, You confirm Your agreement to these terms.

We are The Palana Beach Retreat Trust (ABN 48 638 853 861). Our address is 4758 Palana Rd, Palana TAS 7255 (“Us”, “We”, “Our”).

You are: Anyone who uses Our Website or wants to book accommodation (“You”).

These are the agreed terms

Definitions
"Booking" or "Book" means the booking of accommodation offered by Us on Our Website.

"Our Website" means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by Us. It includes all the web pages controlled by Us.

"Retreat" means Our premises at the address given above.

"Services" means the provision by Us of any accommodation and other services.
Interpretation
In this agreement unless the context otherwise requires:
1. the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
2. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
3. all money sums mentioned in this agreement are calculated inclusive of GST, which will be charged when payment is due.
4. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
Basis of Contract
1. In entering into this contract You have not relied on any representation or information from any source except the Booking details, the descriptions of the Retreat and explanation of the Services given on Our Website.
2. You acknowledge that You understand exactly what is included in the Services and You are satisfied that the Retreat and Services are suitable and satisfactory for Your requirements.
3. The contract between Us and You comes into existence only when We write to You to confirm that the Retreat is available. Your payment does not create a contract. If We decline to Book the Retreat We shall immediately return Your money to Your credit card.
4. We may change this agreement and / or the way We provide the Retreat, at any time. If You make any payment for the Retreat or Services in the future, You will do so under the terms posted on Our Website at that time.
5. One or more notices in or around the Retreat may contain information or Our requirements as to procedures and behaviour. By accepting this agreement, You are deemed to have accepted these notices as being incorporated in this contract, conditionally only upon Your reading them.
6. If You book the Retreat in the name of a business or company, You confirm that You have full authority to do so and You accept personal liability for any breach of this contract by any person who comes to the Retreat.
Your Booking
1. You may place a Booking either by:
  1. giving Your credit or debit card details at the time of Booking by telephone; or
  2. paying for Your Booking in full in at least two (2) weeks in advance of Your arrival, either on Our Website or by telephone.
2. If You give Us Your credit or debit card details, the card You use must have an expiry date that is valid until after the date of Your stay.
3. In making a Booking with Us You agree to not use the Retreat or its facilities to conduct any commercial activity or activity that seeks to gain profit without prior written consent from Us.
4. We reserve the right to terminate Your Booking and retain any money paid to Us for such Booking if We reasonably believe that You are in full or part breach of this agreement.
5. You may make a Booking on someone else's behalf. You are responsible for ensuring that any customer in Your Booking complies with these terms as if that customer had made the Booking.
6. You can only make a Booking if You are 18 years old or over. If You arrive at the Retreat and are under 18 years of age You will not be permitted to stay alone. We may require photo id as proof of age.
7. Sale rates are only available on Our Website.
8. You must ensure that the name on a Booking is correct at the time of Booking. Except with agreement with Us, this cannot be changed after making the Booking.
Security of Your credit card
We take care to make Our Website safe for You to use.
1. Card payments are not processed on a page controlled by Us. We use one or more online payment service providers who will encrypt Your card or bank account details in a secure environment. We do not store any payment details on Our systems.
The price and payment
1. Retreat prices are for use of the Retreat by the number of guests specified in Your Booking, per night and are inclusive of GST. Meals are not included in the Retreat price.
2. The price You pay is the price quoted to You at the point of enquiry.
3. To secure Your Booking We charge a $250 non-refundable deposit, with the balance of the payment for Your Booking due fourteen (14) days prior to your arrival.
4. Prices are inclusive of any applicable goods and services tax or other sales tax.
5. We accept payment by direct credit or credit/debit card (VISA, MasterCard, American Express). We do not accept personal cheques.
6. If You would like to pay for Your Booking by credit or debit card, We levy a payment surcharge to process Your payment to cover the costs of accepting Your payment by debit/credit card. This fee will be taken at the time of payment, whether online or by telephone.
7. There is no payment surcharge for payments made by direct credit.

Cancellation and relocation
1. The Retreat is reserved up to 6.00 pm on the arrival date unless You have made other arrangements with Us in writing.
2. You may cancel a Booking at any time within 72 hours of making the Booking.
3. If You cancel within the period specified in clause 7.2, We shall refund any payment You may have made for the period cancelled.
4. If You cancel Your Booking more than 72 hours after the making of Your Booking, You are not entitled to any refund of money paid. We may, in Our absolute discretion, refund part of any money You have paid.
5. The confirmation of cancellation that We send to You is Your proof of cancellation and should be retained by You.
6. If the Retreat is unavailable on arrival (due to any reason) then, We will either:
  1. seek to provide an alternative accommodation at or near the Retreat (if available) and refund You any for any nights You are accommodated at an alternative premises; or
  2. at Your request, cancel Your Booking and refund You any money You have paid including related additional services (if any).
Arrival and departure
1. The Retreat is available from 2.00 pm on the arrival date.
2. Please let Us know if You are likely to arrive after 6.00 pm on the arrival date.
3. The Retreat must be vacated by 11.00 am on the day of departure, including removal of all rubbish and other waste. If You do not fully vacate by this time, or have not removed all rubbish and other waste, We may charge You for up to an additional night.
Our minimum provision: the Retreat
1. Each Booking provides as a minimum use during the Booking for accommodation the entire property by 2 (two) guests, including kitchen, household and laundry appliances, with the exception of the beds in the second and third bedrooms (which may be included by agreement for an additional fee).
2. Accommodation for up to an additional five (5) guests, for a total of 7 (seven) guests, can be included in Your Booking by agreement with Us at the time of Booking. Should additional guests be included in Your Booking, use of the beds in the second and/or third bedrooms will be included in Your Booking.
Restrictions
For Yourself and every person who comes to the Retreat, You agree that You will not:
1. bring any pet animal into the Retreat, except guide dogs for the blind;
2. smoke in or on any part of the Retreat (including outside the building). If You do, We may terminate Your stay immediately and You will not be entitled to compensation.
3. use in the Retreat any electrical appliance without obtaining Our specific consent in advance.
4. transfer Your reservation to any other person. If some person who is not obviously a member of Your family or group tries to take up Your reservation, We shall not allow them to do so.
5. cause damage to any part of the Retreat, any room, or any fixture, fitting or furniture. If You do, You agree to pay Us immediately the sum We estimate as the cost of making good that damage.
Disclaimers and limitation of liability
1. Other than those under the Australian Consumer Law, all implied conditions, warranties and terms are excluded from this agreement.
2. You agree that in any circumstances when We may become liable to You, the limit of Our liability is the amount You have paid Us for Booking.
3. In all other circumstances, Our total liability shall not exceed twice the daily rate charged for Your Booking.
4. We shall not be liable to You for any loss or expense which is:
  1. indirect or consequential loss; or
  2. economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or We knew You might incur it.
Your indemnity
You now agree to indemnify Us against all loss, including economic loss, caused to the Retreat, its staff, contractors, clients and guests, arising from:
1. Your breach of this agreement;
2. damage to any room, fixture, fitting or furniture by You or any person for whom You have made a booking, or who is in Your party;
3. any adverse affect You may have on any third party customer or client of Ours, or any actual or potential booking by any such person.
Miscellaneous matters
1. Our privacy policy is strong and precise. It complies fully with the current privacy law, and is available here.
2. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
4. Any communication to be served on either party by the other shall be delivered by hand or sent by express post or by e-mail. It shall be deemed to have been delivered:
  1. if delivered by hand: on the day of delivery;
  2. if sent by post to the correct address: within 72 hours of posting;
  3. if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
5. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
6. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
7. We are not liable for any failure or delay in any circumstance beyond Our reasonable control, including but not limited to postal communication, plant failures, supply of gas, electricity and water or fire alarm evacuation.
8. The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria and You agree that any dispute arising from it shall be litigated only in that State.

Terms and Conditions of booking

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