TERMS AND CONDITIONS

TERMS AND CONDITIONS 

Reservations: events@thevinyard.com.au

  1. IMPORTANT

 

  1. Top of Form
    • Please read these Terms and Conditions carefully as these Terms and Conditions incorporate the basis upon which bookings for Aqua Aqua Luxury Penthouses are accepted.

 

  • All bookings made via Participating Websites or with Aqua Aqua Luxury Penthouses directly are made subject to these Terms and Conditions and the person making the booking will be deemed to have accepted these Terms and Conditions on behalf of all persons who will be staying at the Participating Property under the booking once any payment is made in relation to the booking.
  • Bookings may also be governed by and subject to additional terms and conditions which are applied by individual Participating Properties. These Terms and Conditions may relate to items such as payments, deposits and cancellations and you should confirm the exact conditions directly with the Participating Property before booking. If there is any inconsistency between the Participating Property terms and conditions and these Terms and Conditions, the latter will prevail.
  • If booking via your travel agent the terms and conditions provided by your travel agent will apply to your booking and you should ask your travel agent for a copy of these terms and conditions.

 

  • Any prices, fees, deposit amounts or charges which are specified or referred to in these Terms and Conditions are in the same currency as the booking to which they relate.

 

  1. DEFINITIONS

In these Terms and Conditions:

  • “Child” or “Children” means a person aged between 2 and 15 years.

 

  • “Infant” means a person under the age of 2 years.
  • “Gift Card” means a gift card bearing the ‘Aqua Aqua Luxury Penthouses’ or ‘The Vinyard’ Brand.

 

  • Hire Period” means the period commencing on the Arrival Date and expiring on delivery of the Penthouse back to us.

 

  • “Arrival Date” means the first day of the Hire Period, as identified in the booking or reservation.

 

  • “Participating Property” means any property associated with Aqua Aqua Luxury Penthouses or The Vinyard.

 

  • “Participating Website” refers to any authorised website that works in conjunction with Aqua Aqua Luxury Penthouses or The Vinyard to reserve or book the penthouse, i.e booking.com

 

  • “Peak Season Booking” means a booking at any Participating Property which is advertised as a Peak Season Booking or which you have been notified by Aqua Aqua Luxury Penthouses or The Vinyard, is a Peak Season Booking or which is listed on a Participating Website as a Peak Season Booking.

 

  • “Standard Booking” means a booking at any Participating Property other than a Peak Season Booking.

 

  • “You” and “Your” mean the person who is making the booking or reservation.

 

  1. IDENTIFICATION

 

  • When you check-in you may be asked to provide photographic identification (driver’s licence or passport).

 

  • If you are unable to provide such identification your booking may be cancelled and you may be liable to pay Aqua Aqua Luxury Penthouses an amount equal to the full booking amount plus any other costs incurred by Aqua Aqua Luxury Penthouses in connection with the booking. Accordingly, any pre-payment you have made in relation to the booking will be forfeited to Aqua Aqua Luxury Penthouses under this term.

 

  1. HOW TO BOOK / QUOTES AND RESERVATIONS

 

  • Bookings can be made online via Our Website or any Participating Website. Alternatively, you can book directly with Aqua Aqua Luxury Penthouses by emailing: events@thevinyard.com.au

 

  • Bookings are subject to the availability and applicable pricing of the relevant Participating Property at the time of the booking and some conditions and/or exclusions may apply including but not limited to minimum stay requirements.
  • Any quote given is an estimate only of price and the price will only be confirmed once a payment is made on the booking and you receive written advice from Aqua Aqua Luxury Penthouses that the payment has been received and the booking has been confirmed.

 

  • Any confirmed price is subject to change if:
    • a payment which is due on a booking is not received by Aqua Aqua Luxury Penthouses by the date the payment is due; or
    • there is a change in or imposition of a government charge, tax or levy which entitles or necessitates Aqua Aqua Luxury Penthouses changing the price of your booking; or
    • any details relating to your booking are amended, for example your dates of stay, your room type or the number of persons staying under your booking.

 

  • If you make a booking via a Participating Website, you can view details of your booking under the ‘My Bookings’ area once you access the Participating Website using the login details you created when you made the booking.

 

  1. PAYMENT

 

  • Payments may be made by Visa, MasterCard, American Express, Australian Dollar personal or bank cheques/drafts or Telegraphic Transfer (allow 7 days transaction time).
  • Prior approval by Manager is needed if you pay for your booking by cheque:
  • Please send your cheque to:

Aqua Aqua Luxury Penthouses

PO Box 7621 Sunchip Office

Urangan Hervey Bay QLD Australia 4655

 

  • You must ensure you include the following details with your cheque:
  1. the name your booking was made under; and
  2. the dates of your stay.

 

  • You must ensure that Aqua Aqua Luxury Penthouses receives your cheque 5 days before the date your payment is due to allow time for your cheque to be cleared; and

 

  • If your cheque has not cleared prior to your scheduled Arrival Date you will not be permitted to check-in unless you provide an alternative form of payment.

 

  • Aqua Aqua Luxury Penthouses accepts no responsibility for monies paid by you to a travel agency until cleared funds are received in the bank account of Aqua Aqua Luxury Penthouses.

 

  1. DEPOSIT AND FINAL PAYMENT

 

  • For any bookings made, a non-refundable deposit of 50% of the total cost of the booking must be received immediately to confirm your booking.

 

  • When you check in, you will be required to make full payment of the balance of monies owing for the entire Hire Period.

 

  • If any deposit or final payment is not received by the due date, Aqua Aqua Luxury Penthouses reserves the right to cancel the booking and any monies paid by you in relation to your booking will be forfeited to Aqua Aqua Luxury Penthouses.
  • Once final payment of your booking has been made, confirmation of that payment and your booking will be sent to you via email or post to the email or postal address you provided at the time you made the booking.

 

  1. RATES AND CHARGES

 

  • The currency applicable to any quoted rates will be specified with the quoted rate. All quoted rates are subject to change at any time until full payment is received.

 

  • Quoted rates are inclusive of all compulsory government or regulatory charges and taxes (for example GST) where applicable.
  • Quoted rates do not include transport to or from the Participating Property or items of a personal nature including but not limited to laundry, telephone, taxis, room service, meals or transfers, airport taxes), unless otherwise indicated.

 

  • Some rates which are quoted are valid only for a minimum number of nights and if the number of nights included in your booking changes the rate may also change.

 

  1. REFUNDS

 

  • To the extent permitted by law any amount paid by you to Aqua Aqua Luxury Penthouses for your booking is non-refundable unless stated otherwise in these Terms and Conditions.

 

  • The balance of any monies paid by you after any applicable fees or other amounts you owe to Aqua Aqua Luxury Penthouses has been deducted will be returned to you or held by Aqua Aqua Luxury Penthouses for any future bookings you make with Aqua Aqua Luxury Penthouses.
  1. BOOKING DATE AMENDMENTS

 

  • All amendments are subject to the availability and applicable pricing of the relevant Participating Property at the time the amendment is requested.

 

  • For any amendments, please contact either your Participating website or Aqua Aqua Luxury Penthouses via email: enquiries@thevinyard.com.au
  • Prices and amendment fees charged for any amendments are at the discretion of Aqua Aqua Luxury Penthouses and will depend on the amendment/s requested.

 

  • If the rate which applies to an amended booking is greater than the rate which applied to the original booking, you must pay the difference along with any amendment fee in full at the time the amendment is approved.
  1. CANCELLATION
  • All cancellations of more than 30 days notice are refundable with managers discretion. However school holidays, Christmas and Easter periods will incur a 50% cancellation fee.
  • In the event of cancellation of a booking within 7 days of the Arrival Date, you will be required to pay Aqua Aqua Luxury Penthouses the full amount of your booking for the entire Hire Period. Aqua Aqua Luxury Penthouses will charge the credit or debit card details you provided at the time of making your booking.
  • If a booking is cancelled within 30 days, any deposit or payment which you have paid will not be refunded and additional cancellation charges may apply.
  • Any cancellation fees payable by you will be deducted from any monies paid by you to Aqua Aqua Luxury Penthouses and if insufficient funds are available, Aqua Aqua Luxury Penthouses may charge the credit or debit card details you provided at the time of making your booking.

 

  1. ARRIVAL/DEPARTURE

 

  • Standard check-in/arrival time is 14:00 (2:00PM) but times may vary. It is advised to confirm the check-in time prior to your scheduled check-in day.
  • Standard check-out/departure time is 11:00 (11:00AM) but times may vary. It is advised to confirm the check-out time prior to your scheduled check-out day.
  • Late check-out can be made by prior arrangement. Please advise Aqua Aqua Luxury Penthouses no later than 12 hours before your scheduled check-out time. A fee may be applied for this service.
  • If you check-out after 11:00 (11:00AM) with no prior arrangement, a fee may be charged.

 

  1. SECURITY DEPOSITS
  • Security Deposit of $500 per stay – subject to owners discretion.
  • You must provide a credit card authorisation when you check-in.
  • This authorisation may be used to cover incidental items including but not limited to telephone charges, security bond or deposit for any breakages or damage incurred during your stay or cleaning charges in excess of the normal level of cleaning.
  • The pre-authorisation process validates your credit card, and protects both the cardholder and merchant from increasing fraud incidents.
  • The pre-authorised amount is set aside by the card issuer for a period of up to 14 days from the date of pre-authorisation and the pre-authorisation will affect your available funds balance or spending limit. For more information on this practice please contact your card issuer.
  • Once a pre-authorisation has been made, Aqua Aqua Luxury Penthouses cannot release, remove or lower the authorised amount, until we process the final account on departure. This is a restriction imposed by the card issuer, and cannot be negotiated.
  1. PARTY AND EVENT POLICY
  • There are to be no private events or parties in the Aqua Aqua penthouses, if a guest is suspected of holding a private event/party in the Aqua Aqua penthouses Staff have the right to inspect the venue and if found to be in breach of terms, immediately eject all guests and the full amount of your booking will be forfeited.
  • Events organised and catered by the Aqua Aqua Penthouses and The Vinyard restaurant are the only exception
  1. CHILD POLICY
  • For the purposes of this clause, all ages will be determined as at the Arrival Date.
  • Children and Infants sharing a room with their parents or guardians may do so free of charge if using existing beds and bedding and not exceeding the maximum occupancy for the given room type.
  • Children and Infants may not stay in any room without an adult.
  • Additional charges will apply if extra beds or bedding (including rollaways, sofa beds or cots) are required. All additional children or adults are charged AUD$50 per night for extra beds.
  • Portable Cot Hire – $20 per night
  • Any arrangement of extra beds or bedding is upon request and needs to be confirmed by Aqua Aqua Luxury Penthouses Management.

 

  1. EXTRA PERSON POLICY
  • Maximum Pax per Penthouse – 6 pax
  • Persons aged over 16 years will be charged Extra Person rates for each person staying in a Penthouse which exceeds the maximum occupancy for the Penthouse type, or where extra beds or bedding are required.
  • Additional Person (Max 1 pax) – Rollaway Bed – $50 per night

 

  1. FACILITIES AND SERVICES

 

  • Whilst care is taken to ensure that the description of facilities and services of Aqua Aqua Luxury Penthouses is accurate, these are continually being changed, upgraded, and on occasion taken out of service and if any feature/facility is essential to you in choosing a particular property, it is your responsibility to confirm with the property prior to making your booking that the feature/facility will be available during your stay.
  • Visitors of staying guests must vacate the premises prior to 10pm.
  • Only staying guests of Aqua Aqua Penthouses are permitted on the Rooftop terrace.
  • All linen provided
  • A complimentary mini cleaning service including towel exchange is included for extended days after every 2 nights
  • A complimentary mini cleaning service with full laundry exchange is offered every 5th day
  • Daily cleaning service available for extended stays at a rate of $50 per day
  • To the extent permitted by law Aqua Aqua Luxury Penthouses is not liable for omissions, errors or changes to the facilities and services at a property, whether temporary or permanent.
  • maximum weight in lift 350kg (4 person max) if this is exceeded aqua aqua will not be held responsible. if this is breeched any subsequent costs will be the responsibility of those involved.
  • no consumption of alcohol in the lift
  1. SPECIAL REQUESTS

 

  • Whilst Aqua Aqua Luxury Penthouses attempts to satisfy all special requests, Aqua Aqua Luxury Penthouses does not guarantee that special requests can be accommodated.

 

  1. GIFT CARDS

 

  • Gift Cards are not refundable or redeemable for cash.

 

  • Gift Cards are valid for 12 months from the date of issue.
  • Additional values cannot be added to an existing Aqua Aqua Luxury Penthouses Gift Card; however, additional Gift Cards can be purchased.
  • Gift Cards are to be treated like cash and if they are defaced, mutilated, altered, lost or stolen they will not be replaced, refunded or redeemed.
  • Aqua Aqua Luxury Penthouses does not accept any responsibility for lost or stolen Gift Cards.

 

  1. UNACCOMPANIED MINORS

 

  • All guests under the age of 18 years must be accompanied by a responsible adult such as a parent, step-parent, guardian or other adult who has parental rights and responsibilities for the under child or infant.

 

  • If a guest is found to be a person under the age of 18 years who is not accompanied by a responsible adult, Aqua Aqua Luxury Penthouses may immediately cancel the guest’s booking and the full booking amount will be forfeited to Aqua Aqua Luxury Penthouses under this clause.

 

  1. RELEASE, INDEMNITY AND PROPORTIONATE LIABILITY

 

  • To the extent permitted by the law, you agree to release, indemnify and hold harmless, Aqua Aqua Luxury Penthouses and its current and former officers, employees, contractors, sub-contractors, consultants (including their respective employees and contractors) and agents against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your booking or your stay at Aqua Aqua Luxury Penthouses except to the extent such expense, cost, liability, claim, action, proceeding, damage, judgment or loss arose out of, was caused by, attributable to or resulted from Aqua Aqua Luxury Penthouses negligence, wrongful act/omission or breach of these Terms and Conditions.

 

  • To the extent permitted by law the aggregate of Aqua Aqua Luxury Penthouses’ liability to you is limited to an amount not exceeding the amount paid by you for your booking.

 

  • Each indemnity in these Terms and Conditions is a continuing and independent obligation and survives the termination or expiry of these Terms and Conditions.

 

  1. CONSUMER LAW 

 

  • To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Aqua Aqua Luxury Penthouses are excluded under these Terms and Conditions.

 

  • Nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or under any international consumer protection legislation, provided that, to the extent that such law permits Aqua Aqua Luxury Penthouses to limit its liability, then Aqua Aqua Luxury Penthouses liability is limited to:
  • in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
  • in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

 

  1. EVENTS BEYOND CONTROL 

 

  • Aqua Aqua Luxury Penthouses is not responsible for any loss arising out of any occurrences or conditions beyond its control, including but not limited to acts of terrorism, acts of God, defects in vehicles, war, strikes, theft, delay, cancellation, civil disorder, disaster, Government regulations or changes in itinerary or schedule.

 

  • All travel documents, observance of laws and government regulations are your responsibility.
  1. USE OF INFORMATION

 

  • You consent and authorise Aqua Aqua Luxury Penthouses and the relevant Participating Property to collect, use and disclose your personal information for the purposes of administering your booking and providing you with any services associated with your booking.

 

  • You consent to information which you have provided to Aqua Aqua Luxury Penthouses as part of your booking being used by Aqua Aqua Luxury Penthouses for the purpose of informing you about offers and promotions which relate to Aqua Aqua Luxury Penthouses or Participating Properties.
  • Aqua Aqua Luxury Penthouses will not provide or disclose any information you have provided to Aqua Aqua Luxury Penthouses or the relevant Participating Property to any person other than a related body corporate without your prior written consent.

 

  • Upon request by you and to the extent permitted or required by law, Aqua Aqua Luxury Penthouses will provide you with access to and/or the ability to correct your personal information, however only the person who made the booking will be entitled to access and/or correct personal information pertaining to that booking.
  1. GENERAL

 

  • The Terms and Conditions are governed by and will be construed in accordance with the laws of the State of Queensland, Australia.

 

  • If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
  1. ACCEPTANCE 

 

  • If you proceed with this booking, you are deemed to have accepted the Terms and Conditions of the accommodation contract you are entering into with Aqua Aqua Luxury Penthouses.