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Thursday 20 June, 2013
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Standby Rates Terms and Conditions.
1. Booking Conditions:
By using the Web Site to book accommodation, you expressly agree to the following terms:
Should you need to cancel your booking within the Hotel's Cancellation Policy (# hours prior to 6pm on the day of arrival), your booking fee / service fee of up to $2.00 is non refundable and is forfeited.
Should you need to cancel your booking and have advised us outside of the Hotel's Cancellation Policy, the booking deposit is forfeited and a cancellation fee equal to 100% of your accommodation booking will be charged by the hotel direct to your credit card.
Please note. Some hotels operate their own individual cancellation policy. In this case the policy will be clearly displayed on your booking confirmation email and the stricter of the two policies will apply.
Should you need to amend your booking, this will require the booking to cancelled with the hotel and placed with the hotel as a new booking.
Please note. Some hotels operate their own individual cancellation policy. In this case the policy will be clearly displayed prior to booking and the stricter of the two policies will apply.
(a) Prices quoted are per-room (with a maximum occupancy of two people unless otherwise stated), in Australian currency and include GST unless otherwise stated.
(b) We display the number of rooms and the rates that Properties advise us are available. We make an effort to ensure that this information is accurate.
(c) You authorise us to provide the Property with your credit card details. The property will hold your credit card details as security for your booking. On your arrival at the Property, you must make arrangements for payment directly with the Property. You acknowledge that we are not liable for any default or error on behalf of any third party (for example, a bank) in processing the debit to your credit card.
(d) If you fail to complete any booking, or cancel it, then you will be subject to the Property's own cancellation policy, but in any event, you authorise the Property to debit a minimum 90% of the first nights accommodation rate from your credit card, as a cancellation fee.
(e) Standby Rates reserves the right to charge your credit card for any cancellation or amendment fees due.
2. The Web Site Service:
Please note that in providing a booking service through our Web Site, we are only acting as an intermediary venue for Properties to post information relating to the availability of accommodation. We are not otherwise involved in any transaction between Properties and their guests.
Although we endeavour to ensure the accuracy of the information appearing on our Web Site, we do not control, verify, support or endorse either the information made available by Properties on the Web Site or the quality or price of the accommodation offered on it.
3. Eligibility to Use the Service
You may use our services only if you can form legally binding contracts and are over 18 years of age.
4. Use of the Web Site
You may only use the Web Site for your own personal use. Information you obtain from the Web Site may be stored in computer readable form and printed out and used only for your own personal purposes. It must not otherwise be copied, published, distributed, nor commercially exploited, in any form or by any method whatsoever, nor may you authorise others to do so. For the avoidance of doubt, these restrictions prohibit unauthorised framing, linking, posting in news groups and any other form of copying.
We may, in our sole discretion, change the content of the Web Site, or our services, at any time.
You and we are independent contractors. Neither this agreement nor any use of the Web Site shall be deemed to create any relationship of agency, partnership, joint venture, other joint business relationship, trust, or fiduciary relationship between you and us.
5. System Integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activities being conducted on the Web Site.
If you book accommodation through Standby Rates.com.au we gather personal information from you which may include your full name, email address, telephone numbers, the postal code of your residential address, and credit card account details so that we can process your booking. It is important that information you provide for us to hold is complete, accurate and up to date.
Your full name and credit card details are kept by us and passed on to the particular accommodation provider with whom you apply to make a booking, for credit card processing. None of your personal information is given out to any third parties apart from the accommodation provider.
You consent to us using your information (and technical information about your use of the Web Site) to contact you in regard to advertisements on the Web Site, to facilitate your movement through the Web Site, or communicate separately with you to offer you marketing or promotional information.
7. Intellectual Property Rights.
You recognize and agree that you will not, except as otherwise permitted by this agreement, disclose, make use of or otherwise infringe our intellectual property rights in the Web Site. This promise shall survive the expiration or termination of this agreement.
With respect to information that you provide on the Web Site, we reserve the right to take any action with respect to such information we deem necessary in our sole discretion. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your use of the Web Site and cancel any booking you may make.
You hereby agree to indemnify, defend and hold us harmless for all liability, claims, damages and costs, including our legal fees (on a lawyer/client basis), arising out of or in connection with a breach of your obligations, representations and warranties provided in this agreement. You also agree to hold us harmless for all liability, claims, damages and costs, including our legal fees (on a lawyer/client basis), arising out of or in connection with any errors, malfunctions or defects in connection with the Web Site.
We may terminate this agreement immediately without notice, if you fail to comply with this agreement in any way or if we suspect that you have, will or may do so, or if we discontinue operation of the Web Site.
Only we are entitled to assign, in whole or in part, any of our rights or obligations under this agreement.
11. Governing Law and Jurisdiction
If you access the Web Site from outside of Australia then you do so at your own risk. You alone are responsible for ensuring compliance with all laws that apply to you as a result of that access.
This agreement shall be construed and enforced in accordance with the laws of New South Wales, Australia. The parties agree to submit themselves to the exclusive jurisdiction of the courts of New South Wales.
If one or more provisions of this agreement are held to be invalid, such invalidity shall not affect the other provisions hereof, and to this extent, the provisions of this agreement are intended to be, and shall be, severable.
13. Entire Agreement.
This agreement between you and us is effective immediately upon acceptance by you. This agreement may be amended at any time by us posting the amended terms on the Web Site. It is your responsibility to regularly check these amended terms. This agreement may not otherwise be amended unless signed by our authorised representative.
Unless otherwise indicated in this agreement, the following terms shall be defined for the purposes of this agreement as follows: "We" and "us" means Standby Rates Pty Ltd ACN: 100 852 426) and its officers, directors, agents, affiliates, and employees; "You" means the party entering this agreement as a user of the Web Site services; "Property" means any party offering accommodation on the Web Site through the booking service we provide; and "Web Site" means the web site located at (www.Standby Rates.com.au).
15. Limit of Liability.
If you have a dispute with any Property you release us (and our agents and employees) from any claims, demands and damages, actual and consequential, of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Without limitation, this expressly includes any dispute regarding negligent, misleading or deceptive claims or statements on the Web Site. To the extent permissible by law, you also waive any rights that you may have by reason of any statute applicable at the time of the dispute.
TO THE EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES IN RELATION TO THE WEB SITE OR SERVICES SUPPLIED UNDER THIS AGREEMENT, AND EXCLUDE ALL CONDITIONS, WARRANTIES AND TERMS IMPLIED BY STATUTE, GENERAL LAW, INTERNATIONAL CONVENTION OR CUSTOM.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, IF ANY OF THE EXCLUSIONS OR LIMITATIONS SET OUT ABOVE ARE DECLARED ILLEGAL OR VOID, THEN TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY FOR BREACH OF A CONDITION OR WARRANTY IMPLIED INTO THIS AGREEMENT BY THE AUSTRALIAN TRADE PRACTICES ACT 1974 (OR OTHERWISE) IS LIMITED TO SUPPLYING AGAIN THE SERVICES, IN RESPECT OF THE BREACH.
IN NO EVENT WILL WE (INCLUDING OUR AGENTS, EMPLOYEES OR CONTRACTORS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: PROCUREMENT OF SUBSTITUTE SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE WEB SITE, EVEN IF IT IS AWARE OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE WAS OTHERWISE FORESEEABLE. IN ANY EVENT, AND WITHOUT LIMITING THE EFFECT OF THE OTHER PROVISIONS OF THIS AGREEMENT, OUR LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OR DAMAGE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US DURING THE PREVIOUS 12 MONTHS OR $100 AUSTRALIAN DOLLARS WHICH EVER IS THE LESSER.
NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY CONDITION, WARRANTY, RIGHT OR REMEDY IMPLIED OR IMPOSED BY STATUTE OR REGULATION IF IT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.
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