These terms and conditions regulate both the Booking you ordered through Our Website and the occupation of your Room or other facility when you come to the House. When you use Our Website or book a Room, you confirm your agreement to these terms.
We are Observatory Cottages, a commercial bed and breakfast business registered in Australia. Our address is 8 Observatory Road, Mount Dandenong, VIC, 3767, Australia.
These are the agreed terms
means the booking of accommodation offered by us on Our Website.
means any room offered for Booking.
means Observatory Cottages at the address given above.
means the provision by us of any accommodation and/or supply of food and drink and other services.
In this agreement unless the context otherwise requires:
2.1. the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
2.2. 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;
2.3. all money sums mentioned in this agreement are calculated net of GST, which will be charged when payment is due;
2.4. 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.
3. Basis of Contract
3.1. 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 Rooms and explanation of the Services given on Our Website.
3.2. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Room and Services are suitable and satisfactory for your requirements;
3.3. The contract between us comes into existence only when we write to you to confirm that the Room you want is available. Your payment does not create a contract. If we decline to Book a Room we shall immediately return your money to your credit card.
3.4. We may change this agreement and / or the way we provide a Room, at any time. If you make any payment for Rooms or Services in the future, you will do so under the terms posted on Our Website at that time.
3.5. One or more notices in a Room you have booked or around the House 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.
3.6. If you book a Room 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 onto the House.
4. Your Booking
4.1. You may place a Booking either by:
4.1.1 giving your credit or debit card details at the time of Booking by telephone; or
4.1.2 paying for your Booking in full in advance of your arrival, either on Our Website or by telephone.
4.2. If you give us your credit or debit card details we do not process your payment until your arrival. The card you use must have an expiry date that is valid until after the date of your stay.
4.3. You cannot transfer or resell your Booking (in whole or in part). If you transfer or resell (or attempt to transfer or resell) then Observatory Cottages will terminate your Booking and retain any money paid to us for such Booking.
4.4. In making an Observatory Cottages Booking you agree to not use the House or its facilities to conduct any commercial activity or activity that seeks to gain profit without prior written consent from Observatory Cottages.
4.5. 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.
4.6. 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.
4.7. You can only make a Booking if you are 18 years old or over. If you arrive at the House and are under 18 years of age you will not be permitted to stay alone. We may require photo id as proof of age.
4.8. Sale rates are available on Our Website or other travel agent channels.
4.9. You must ensure that the name on a Booking is correct at the time of Booking. Except the conditions mentioned in these terms, this cannot be changed after making the Booking.
5. Security of your credit card
We take care to make Our Website safe for you to use.
5.1. 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.
5.2. If you have asked us to remember your credit card details in readiness for your next booking, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
6. The price and payment
6.1. Room prices are per Room, per night and are inclusive of GST. Breakfast may be included in the Room price base on purchase condition. Choices of breakfast are subject to availability of local supermarket.
6.2. The price you pay is the price mentioned on Our Website or any other online channels at the point of enquiry.
6.3. Prices are inclusive of any applicable goods and services tax or other sales tax.
6.4. We accept payment by cash, credit/debit card (VISA, MasterCard, American Express) or bank transfer. We do not accept any type of cheques.
6.5. There is no charge for a payment by credit or debit card.
6.6. We accept payment by bank transfer provided we have it at least two weeks before the arrival date.
7. Cancellation and relocation
7.1. You may cancel a Booking order free of charge at any time before 14 days prior to your arrival date.
7.2. If you cancel within the period specified above, we shall refund any payment you may have made for the period cancelled. If you cancel later, you are not entitled to any refund of money paid. We may, in our absolute discretion, refund part of any money you have paid.
7.3. The confirmation of cancellation that we send to you is your proof of cancellation and should be retained by you.
7.4. If you cancel a Booking request after 14 days prior to the arrival date and have not already paid for the Room in advance, you must pay us for half of the total booking amount.
7.5. If a Room is unavailable on arrival (due to any reason) then, we will either:
7.5.1 provide an alternative Room in the House; or
7.5.2 at your request, cancel your Booking and refund you any money you have paid in advance for the Rooms including related additional services (if any).
7.6. If you are due to pay on arrival at the House we will take payment for the cost of the Booking. Any additional costs over and above the original cost of the Booking can be charged for reasonable transport costs, car park charges (if any).
8. Arrival and departure
8.1. Rooms are available from 3 pm on the arrival date.
8.2. Please let us know if you are likely to arrive before 3 pm.
8.3. Your Room must be vacated by 11 am on the day of departure. If you do not fully vacate by this time, we may charge you for an additional night.
9. Our minimum provision: Rooms
9.1. A Room provides accommodation as follows: one King/Queen/Double bed, Sofa/Couch, SPA, air-conditioner, gas heater/fireplace, toilet with shower room, kitchen with cookware.
9.2. Breakfast is served in the room before arrival, which is subject to local market availability.
For yourself and every person who comes to your Room, you agree that you will not:
10.1. bring any pet animal into the House, except guide dogs for the blind;
10.2. smoke inside any part of the House. If you do, we may terminate your stay immediately and you will not be entitled to compensation.
10.3. use in the House any electrical appliance without obtaining our specific consent in advance;
10.4. transfer a Room 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 him to do so.
10.5. cause damage to any part of the House, 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.
11. Disclaimers and limitation of liability
11.1. All implied conditions, warranties and terms are excluded from this agreement.
11.2. 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.
11.3. In all other circumstances, our total liability shall not exceed twice the daily rate charged for your Booking.
11.4. We shall not be liable to you for any loss or expense which is:
11.4.1 indirect or consequential loss; or
11.4.2 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.
11.5. Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
12. Your indemnity
You now agree to indemnify us against all loss, including economic loss, caused to the House, its staff, contractors, clients and guests, arising from:
12.1. your breach of this agreement;
12.2. 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;
12.3. 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.
13. Miscellaneous matters
13.2. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
13.3. 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.
13.4. 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:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
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.
13.5. 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.
13.6. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
13.7. We are not liable for any failure or delay in any circumstance beyond our reasonable control, including but not limited to industrial action, postal communication, plant failures, supply of gas, electricity and water or fire alarm evacuation.
13.8. The validity, construction and performance of this agreement shall be governed by the laws of the State of VIC and you agree that any dispute arising from it shall be litigated only in that State.