| 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. |
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| 2. | Terms about your booking |
| 2.1 | Deposit and Payment Terms |
| | 2.1.1 | You must pay the Deposit at the time that the booking is made. |
| | 2.1.2 | 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. |
| | 2.1.3 | 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: |
| | 2.2.1 | The 20% Booking Deposit is non-refundable but is transferable to another date within the same property; |
| | 2.2.2 | 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 |
| | 2.3.1 | Prices are in Australian dollars and all payments must be made in Australian dollars. |
| | 2.3.2 | Prices include Goods & Services Tax (GST). |
| | 2.3.3 | Payment will only be credited when cleared funds are received. |
| | 2.3.4 | 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. |
| | 2.3.5 | Payments accepted include credit cards (Visa, Mastercard, American Express), personal or bank cheques, bank drafts and telegraphic transfer. |
| | 2.3.6 | 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. |
| | 2.3.7 | 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. |
| | 2.3.8 | Cheques and other paper payment materials should be posted to [PO Box 41, Hamilton Island, Qld, 4803]. |
| | 2.3.9 | 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 |
| | 2.4.1 | All bookings include on island arrival and departure transfers. Keys will be supplied on arrival and must be returned at departure. |
| | 2.4.2 | Standard check-in is 2pm and standard check-out is 10am. |
| | 2.4.3 | For guaranteed arrival prior to 2pm, the Property must be reserved from the previous night and therefore includes an additional nightly charge. |
| | 2.4.4 | 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. |
| | 2.4.5 | 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 |
| | 2.5.1 | 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. |
| | 2.5.2 | You agree that Whitsunday Holidays may use the information collected for that purpose. |
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| 3. | Terms about your occupancy |
| 3.1 | Licensee, not tenant |
| | 3.1.1 | You agree that you will be a licensee only of the Property and not a tenant of any kind. |
| | 3.1.2 | 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 |
| | 3.2.1 | 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. |
| | 3.2.2 | You agree to ensure that all occupants act in a manner that does not cause any nuisance or disturbance to nearby occupiers. |
| | 3.2.3 | Pets are not permitted. This does not apply to seeing eye dogs. |
| | 3.2.4 | You agree to comply with all applicable laws and with the regulations of Hamilton Island Limited. |
| | 3.2.5 | 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. |
| | 3.2.6 | 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. |
| | 3.2.7 | You agree to not exceed the maximum number of occupants specified in the Booking Agreement. |
| 3.3 | Security |
| | 3.3.1 | You agree to provide a credit card to hold as security against damages and excess cleaning.. |
| | 3.3.2 | 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 |
| | 3.4.1 | You will be notified if Whitsunday Holidays finds any items left on the Property that may belong to you. |
| | 3.4.2 | 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. |
| | 3.4.3 | 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. |
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| 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: |
| | 4.4.1 | between 1.00 a.m. and 5.30 a.m. (Hamilton Island buggy curfew); |
| | 4.4.2 | with a blood alcohol content in excess of 0.05%, or while adversely affected by drugs (prescription or otherwise); |
| | 4.4.3 | in any area sign posted 'No Buggies' or 'Restricted Area'; |
| | 4.4.4 | on any unsealed road, grassed area, air strip, beach or other 'off-road' area; |
| | 4.4.5 | contrary to any road sign; or |
| | 4.4.6 | 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: |
| | 4.5.1 | does not contravene any Queensland road traffic regulations; |
| | 4.5.2 | does not contravene any Hamilton Island traffic regulations; |
| | 4.5.3 | does not carry more than the specified maximum number of passengers; |
| | 4.5.47 | 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: |
| | 4.8.1 | 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; |
| | 4.8.2 | 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: |
| | 4.9.1 | the cost of refuelling the buggy upon return (if applicable); |
| | 4.9.2 | the cost of additional cleaning or repairs; and |
| | 4.9.3 | 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. |
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| 5. | General |
| 5.1 | Definitions and interpretation |
| | 5.1.1 | 'You' means the licensee who signs the Booking Agreement; |
| | 5.1.2 | 'Whitsunday Holidays' means TL and KL Kaighin trading as Whitsunday Holidays and, where applicable, includes its employees and agents; and the Property Owner. |
| | 5.1.3 | Terms used have the meanings as set out against them in the Booking Agreement |
| | 5.1.4 | Queensland law applies to this agreement. |
| 5.2 | Limitation of Liability |
| | 5.2.1 | 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: |
| | 5.2.2 | all goods and services booked through Whitsunday Holidays are provided on an 'as is' basis without any warranties or representations of any kind; |
| | 5.2.3 | 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; |
| | 5.2.4 | 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. |
| | 5.2.5 | 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; |
| | 5.2.6 | 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. |
