Terms and Conditions
General Terms and Conditions 1. Stan Breeze ("we", "us", "our") is referred to as the “Service Provider”.
2. Definitions and interpretations 2.1 Booking means the contract between you and the Service Provider for the provision of the accommodation for the designated period you have booked for. 2.2 Booking Price means the monetary amount offered to you in consideration of the Booking request. 2.3 Service Provider means the owner of the property which you are booking through the website. 2.4 Purchase means the consideration of the Booking provided by you through payment of the Booking price. 2.5 Website means the online platform in which the Booking for the accommodation is processed and represented. 2.6 The singular includes the plural, one gender includes the others and vice versa. 2.7 In this Agreement, unless the contrary intention appears, a reference to: 2.7.1 a party or parties means a party to this Agreement referred to at the beginning of this Agreement and also includes any party that becomes bound to this Agreement from time to time; 2.7.2 this Agreement or another document includes any variation or replacement of this Agreement, notwithstanding any change in the identity of the parties; 2.7.3 any statute, ordinance, code or other law includes regulations and other statutory instruments under any of them and consolidations, amendments re-enactments or replacement of any of them; 2.7.4 a person, firm, corporation, association or government body includes any other of them; 2.7.5 a person includes the person’s successors, executors, administrators, substitutes (including a person who becomes a party by novation) and assigns; 2.7.6 a time is a reference to Australia time unless otherwise specified; and 2.7.7 a right includes a benefit, remedy, authority, discretion and power. 3. The terms and conditions 3.1The terms and conditions below will apply to your Purchase and Booking through the Website. Please read the following terms and conditions carefully. 3.2 You must be 18 years of age or older to make the Booking. It is important you understand and agree with the following terms and conditions. You should not proceed with any purchase or the Booking unless you do. 3.3 We will rely on the authority of the person making the Booking to act on behalf of any other traveller on the Booking and that person will bind all such travellers to these terms and conditions. 3.4 The person making the Booking has ultimate authority over the Booking, including organising with the Service Provider any amendments and cancellations. 3.5 The Booking is between you and the Service Provider. We only hold the rights to the intellectual property of the Website through which the Booking is made and any liability in relation to the accommodation and the Booking is owed by you to the Service Provider. 4. Agency 4.1 We act as an agent only. We offer a range of booking services on behalf of the Service Providers who provide those services. 4.2 Our duties to you are limited to arranging the Booking on your behalf with the Service Providers. We are not responsible for providing those services to you, or for the standard of any service provided. 4.3 If a Service Provider fails to provide you with a service, or you are not satisfied with the standard of any service provided, you agree that your only rights are directly against the Service Provider and not against us. 4.4 You agree that we are not liable to you for any losses that you suffer in those circumstances, and that you will not claim against us (directly or indirectly) any refund, credit or other compensation. 4.5 You agree that any money that you have paid to us will not be held in trust for you, but will be used by us to make payment to the Service Providers to secure the Booking for your accommodation. 5. Limitation of Liability 5.1 We do not accept any liability, whether in contract, tort or otherwise, for any act or omission of travel Service Providers including their failure to provide a service whether through their negligence or otherwise. 5.2 We do not make any representation about the standard of the services to be provided by travel Service Providers, and we accept no liability in that regard. 5.3 We do not accept any liability, whether in contract, tort or otherwise, for any injury, losses, expenses, delays or inconvenience suffered by you in connection with the Booking, unless our liability is prescribed by legislation which cannot be excluded. 5.4 Where our liability cannot be excluded, our liability is limited to the amount that you have paid for your accommodation. 6. Rates and Prices 6.1 Rates and prices quoted in print or on the website and quoted by our reservations personnel are subject to availability and can be withdrawn or varied without notice. 6.2 The Booking Price changes may occur at any time by reason of matters outside our control which increase the cost of the product or the service provided by the Service Providers. 6.3 Rates and Booking Prices do not include any costs incurred traveling to and from the destination, meals and/or alcoholic beverages (unless specified), telephone calls, items of a personal nature, and personal services not specified as being included on the Website for the Service Provider's product. 7. Deposits Held, Bookings and Final Payments 7.1 You will be required to pay a deposit or deposits when entering into the Booking. We will advise you of how much that will be. Payment of a deposit merely holds the reservation and does not guarantee that the final payment amount will not change due to circumstances beyond our control as referred to in “Rates and Prices”. 7.2 All deposits are non-refundable (including where you or we cancel the Booking for any reason) unless the Booking is cancelled due to some negligence or breach of duty by us. 8. Payment options 8.1 Payment by Credit Card 8.1.1 If you have paid any amount to us by credit card, you agree that you will not lodge any dispute with your credit card issuer about the validity of the transaction or the provision of goods or services by us, where a service provider fails to provide a service to you for any reason. 8.1.2 You agree that your remedy lies against that service provider and not against us, and that by lodging a dispute with your credit card issuer you will be seeking a remedy against us in breach of these terms and conditions. 8.2 Payment by Gift Voucher 8.2.1 To make a booking using your gift voucher the gift vouchers code is to be applied and the Booking Price will be adjusted accordingly. 8.2.2 Gift vouchers should be treated like cash, lost or stolen vouchers will not be replaced or refunded. 8.2.3 Gift vouchers are not refundable after purchase, any amounts not used in 1 transaction will remain as a credit. 8.2.4 Gift vouchers are valid for 36 months from date of purchase. Expired vouchers are non-refundable in whole or part. Once expired, vouchers are no longer valid and will not be honoured. 8.2.5 Existing gift vouchers or credits cannot in any circumstances be used to purchase gift vouchers in full or as part-payment. 8.2.6 Your Gift Voucher may only be used to make purchases up to the initial Gift Voucher value. If you wish to make a purchase for an amount that exceeds the Gift Voucher value or the Remaining Gift Voucher Value, you must pay the excess using another payment method. 8.2.7 Where the Booking paid using gift vouchers is cancelled, if any refund is due, will be refunded onto a new gift voucher. 8.2.8 Gift Vouchers cannot be cancelled once they are issued except if voided by us if their value is used or if they expire. 8.2.9 Gift Vouchers may not be used for payment of credit or retailer accounts. 8.2.10 Gift Vouchers may not, without the prior written consent of us be resold or offered for resale at a premium (including via online auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. 8.2.11 If a Gift Voucher is sold or used in breach of this condition, we may in our absolute and sole discretion cancel or render invalid the Gift Voucher without a refund and the Gift Voucher holder may be refused redemption of the Gift Voucher. 8.2.12 We will take all reasonable steps to notify you of our intention to cancel or render invalid a Gift Voucher within a reasonable time before cancelling or rendering invalid the Gift Voucher. 9. Cancellation Charges & Other Service Fees 9.1 For payments made by you (other than non-refundable deposits as referred to in the “deposits, held bookings & final payments” clause), if you cancel the Booking we are unable to provide any refund to you unless and until we receive a refund of the amounts paid by us on your behalf to third party providers. 9.2 Cancelled Bookings within 60 days of the check in date will incur charges. 9.3 If we receive any refunds from Service Providers, we will pass those refunds on to you. However, you agree that we shall be entitled to retain a minimum cancellation fee of $100 per person which you agree is reasonable compensation to us for the services that we have provided and expenses incurred by us in facilitating and booking your accommodation, and processing the cancellation of your accommodation. 10. Other Service Fees: 10.1 We reserve the right to apply other service fees in addition to those charged by resorts and other Service Providers, for any services provided by us in addition to those included in your accommodation package. Some of these fees may include, but are not limited to, credit card surcharges, late booking fees, processing fees and urgent documentation delivery. 11. Monies Not Held On Trust 11.1 All monies paid by you to us will be the property of the Service Provider and will be a debt due and payable to the Service Provider once the service to which the money relates has been provided. 11.2 You agree and acknowledge that such monies will not be held by us on trust for and on your behalf and we may hold such monies in any account as we see fit, including with our own and /or other customer monies. 12. The laws of Adelaide South Australia apply to these terms and conditions and any disputes arising in relation to them. I acknowledge that I am 18 years of age or older and that I understand and agree with the terms and conditions above.
2. Definitions and interpretations 2.1 Booking means the contract between you and the Service Provider for the provision of the accommodation for the designated period you have booked for. 2.2 Booking Price means the monetary amount offered to you in consideration of the Booking request. 2.3 Service Provider means the owner of the property which you are booking through the website. 2.4 Purchase means the consideration of the Booking provided by you through payment of the Booking price. 2.5 Website means the online platform in which the Booking for the accommodation is processed and represented. 2.6 The singular includes the plural, one gender includes the others and vice versa. 2.7 In this Agreement, unless the contrary intention appears, a reference to: 2.7.1 a party or parties means a party to this Agreement referred to at the beginning of this Agreement and also includes any party that becomes bound to this Agreement from time to time; 2.7.2 this Agreement or another document includes any variation or replacement of this Agreement, notwithstanding any change in the identity of the parties; 2.7.3 any statute, ordinance, code or other law includes regulations and other statutory instruments under any of them and consolidations, amendments re-enactments or replacement of any of them; 2.7.4 a person, firm, corporation, association or government body includes any other of them; 2.7.5 a person includes the person’s successors, executors, administrators, substitutes (including a person who becomes a party by novation) and assigns; 2.7.6 a time is a reference to Australia time unless otherwise specified; and 2.7.7 a right includes a benefit, remedy, authority, discretion and power. 3. The terms and conditions 3.1The terms and conditions below will apply to your Purchase and Booking through the Website. Please read the following terms and conditions carefully. 3.2 You must be 18 years of age or older to make the Booking. It is important you understand and agree with the following terms and conditions. You should not proceed with any purchase or the Booking unless you do. 3.3 We will rely on the authority of the person making the Booking to act on behalf of any other traveller on the Booking and that person will bind all such travellers to these terms and conditions. 3.4 The person making the Booking has ultimate authority over the Booking, including organising with the Service Provider any amendments and cancellations. 3.5 The Booking is between you and the Service Provider. We only hold the rights to the intellectual property of the Website through which the Booking is made and any liability in relation to the accommodation and the Booking is owed by you to the Service Provider. 4. Agency 4.1 We act as an agent only. We offer a range of booking services on behalf of the Service Providers who provide those services. 4.2 Our duties to you are limited to arranging the Booking on your behalf with the Service Providers. We are not responsible for providing those services to you, or for the standard of any service provided. 4.3 If a Service Provider fails to provide you with a service, or you are not satisfied with the standard of any service provided, you agree that your only rights are directly against the Service Provider and not against us. 4.4 You agree that we are not liable to you for any losses that you suffer in those circumstances, and that you will not claim against us (directly or indirectly) any refund, credit or other compensation. 4.5 You agree that any money that you have paid to us will not be held in trust for you, but will be used by us to make payment to the Service Providers to secure the Booking for your accommodation. 5. Limitation of Liability 5.1 We do not accept any liability, whether in contract, tort or otherwise, for any act or omission of travel Service Providers including their failure to provide a service whether through their negligence or otherwise. 5.2 We do not make any representation about the standard of the services to be provided by travel Service Providers, and we accept no liability in that regard. 5.3 We do not accept any liability, whether in contract, tort or otherwise, for any injury, losses, expenses, delays or inconvenience suffered by you in connection with the Booking, unless our liability is prescribed by legislation which cannot be excluded. 5.4 Where our liability cannot be excluded, our liability is limited to the amount that you have paid for your accommodation. 6. Rates and Prices 6.1 Rates and prices quoted in print or on the website and quoted by our reservations personnel are subject to availability and can be withdrawn or varied without notice. 6.2 The Booking Price changes may occur at any time by reason of matters outside our control which increase the cost of the product or the service provided by the Service Providers. 6.3 Rates and Booking Prices do not include any costs incurred traveling to and from the destination, meals and/or alcoholic beverages (unless specified), telephone calls, items of a personal nature, and personal services not specified as being included on the Website for the Service Provider's product. 7. Deposits Held, Bookings and Final Payments 7.1 You will be required to pay a deposit or deposits when entering into the Booking. We will advise you of how much that will be. Payment of a deposit merely holds the reservation and does not guarantee that the final payment amount will not change due to circumstances beyond our control as referred to in “Rates and Prices”. 7.2 All deposits are non-refundable (including where you or we cancel the Booking for any reason) unless the Booking is cancelled due to some negligence or breach of duty by us. 8. Payment options 8.1 Payment by Credit Card 8.1.1 If you have paid any amount to us by credit card, you agree that you will not lodge any dispute with your credit card issuer about the validity of the transaction or the provision of goods or services by us, where a service provider fails to provide a service to you for any reason. 8.1.2 You agree that your remedy lies against that service provider and not against us, and that by lodging a dispute with your credit card issuer you will be seeking a remedy against us in breach of these terms and conditions. 8.2 Payment by Gift Voucher 8.2.1 To make a booking using your gift voucher the gift vouchers code is to be applied and the Booking Price will be adjusted accordingly. 8.2.2 Gift vouchers should be treated like cash, lost or stolen vouchers will not be replaced or refunded. 8.2.3 Gift vouchers are not refundable after purchase, any amounts not used in 1 transaction will remain as a credit. 8.2.4 Gift vouchers are valid for 36 months from date of purchase. Expired vouchers are non-refundable in whole or part. Once expired, vouchers are no longer valid and will not be honoured. 8.2.5 Existing gift vouchers or credits cannot in any circumstances be used to purchase gift vouchers in full or as part-payment. 8.2.6 Your Gift Voucher may only be used to make purchases up to the initial Gift Voucher value. If you wish to make a purchase for an amount that exceeds the Gift Voucher value or the Remaining Gift Voucher Value, you must pay the excess using another payment method. 8.2.7 Where the Booking paid using gift vouchers is cancelled, if any refund is due, will be refunded onto a new gift voucher. 8.2.8 Gift Vouchers cannot be cancelled once they are issued except if voided by us if their value is used or if they expire. 8.2.9 Gift Vouchers may not be used for payment of credit or retailer accounts. 8.2.10 Gift Vouchers may not, without the prior written consent of us be resold or offered for resale at a premium (including via online auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. 8.2.11 If a Gift Voucher is sold or used in breach of this condition, we may in our absolute and sole discretion cancel or render invalid the Gift Voucher without a refund and the Gift Voucher holder may be refused redemption of the Gift Voucher. 8.2.12 We will take all reasonable steps to notify you of our intention to cancel or render invalid a Gift Voucher within a reasonable time before cancelling or rendering invalid the Gift Voucher. 9. Cancellation Charges & Other Service Fees 9.1 For payments made by you (other than non-refundable deposits as referred to in the “deposits, held bookings & final payments” clause), if you cancel the Booking we are unable to provide any refund to you unless and until we receive a refund of the amounts paid by us on your behalf to third party providers. 9.2 Cancelled Bookings within 60 days of the check in date will incur charges. 9.3 If we receive any refunds from Service Providers, we will pass those refunds on to you. However, you agree that we shall be entitled to retain a minimum cancellation fee of $100 per person which you agree is reasonable compensation to us for the services that we have provided and expenses incurred by us in facilitating and booking your accommodation, and processing the cancellation of your accommodation. 10. Other Service Fees: 10.1 We reserve the right to apply other service fees in addition to those charged by resorts and other Service Providers, for any services provided by us in addition to those included in your accommodation package. Some of these fees may include, but are not limited to, credit card surcharges, late booking fees, processing fees and urgent documentation delivery. 11. Monies Not Held On Trust 11.1 All monies paid by you to us will be the property of the Service Provider and will be a debt due and payable to the Service Provider once the service to which the money relates has been provided. 11.2 You agree and acknowledge that such monies will not be held by us on trust for and on your behalf and we may hold such monies in any account as we see fit, including with our own and /or other customer monies. 12. The laws of Adelaide South Australia apply to these terms and conditions and any disputes arising in relation to them. I acknowledge that I am 18 years of age or older and that I understand and agree with the terms and conditions above.