Terms and Conditions
Introduction
Welcome to Heyfield Motel & Apartments.
We provide our services to you at this website subject to the terms set out in these Terms and Conditions. This Agreement forms part of and should be read in conjunction with our Privacy Policy.
By using this website you agree, without limitation or qualification to all of the terms set out in this Agreement and the Privacy Policy.
We reserve the right to change from time to time any of the terms in this Agreement by general notice on our website, and by using the website you agree in advance to accept such changes. This Agreement may not be otherwise amended.
Services
We provide a reservation service at our website allowing you to reserve a room at motel and apartments subject to availability and other terms and conditions set out in this Agreement.
You acknowledge that the service provided to you is not fault free and relies on factors outside of our control. The Service is provided to you at such times and by such means as we decide from time to time.
Rates
All room rates set out on the website are per room per night for 2 persons based on one bedroom, two bedroom or motel room, unless otherwise stated.
All rates are inclusive of the Australian Goods and Services Tax.
The rates may increase without notice due to changes in, or imposition of new government charges, taxes or levies. The rates are subject to changes without notice. The rates only apply to reservations made at our website.
Guaranatee Reservation & Cancellation
Cancellation policy is 14 days prior to check-in. Cancellation fee is $25.00. If cancelled later than 14 days, the amount of the first night will be forfeited. NOTE: During peak seasons (Australian Open, F1 Grand Prix, Easter, Anzac Day and Queen's Birthday long weekends, AFL Final, Melbourne Cup, Christmas and New Years) cancellations and changes are not allowed; refunds are not available.
Prohibited Use
By using the Service you agree that you shall not:
- use our website for a purpose that is unlawful or prohibited under this Agreement;
- disrupt or interfere with the service or servers or networks connected to the service;
- use any information for commercial reasons; and modify, copy, transmit, display, reproduce, publish, create derivative works from, transfer or sell any information on our website.
Suspension of Service
We may from time to time without notice modify, discontinue or suspend the service and you acknowledge that we will not be liable for any suspension, modification, discontinuance or termination of the service at any time and for any reason whatsoever.
Changes to the Service
You acknowledge that we reserve the right to change or modify the products, services and programs described at our website at any time without notice and without liability.
Limitations on Liability
You acknowledge that:
- We or any of our suppliers are not liable to you or any other person for any cost, loss or liability (including loss or profit or other consequential damage) arising out of or in connection with the provision of the service, any information or material issued on our website or for any other matter arising out of or in connection with this Agreement;
- We provide the service on an "as is" basis and without any warranty or condition expressed or implied.
- To the extent permitted by law, we and our suppliers disclaim all implied warranties and conditions, including without limitation implied warranties and conditions on title, merchantability, fitness for a particular purpose and non-infringement; and
- the following applies if the Australian Trade Practices Act 1974 applies to you.
Where any legislation implies any term or warranty that cannot be excluded, then that implied term or warranty will be deemed to be included. However, our liability for any breach of such implied term or warranty will be limited where so permitted to:
If the breach relates to goods:
- the replacement of the goods; or
- the repair of such goods; or
- the payment of the costs or replacing the goods; or
- the payment of the costs of repairing the goods; and
If the breach relates to services:
- the supplying of those services again; or
- the payment of the costs of having those services supplied again.
Indemnity
You agree to indemnify us and our affiliates, officers, employees and agents harmless from any claim or demand made by any third party arising out of or in connection with your breach of this Agreement.
Links
Our service may provide links to other websites. As we have no control over the linked websites, you acknowledge that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with reliance on such information or material contained on the linked websites.
Copyright
The material used and displayed on our website is for the provision of the service including but not limited to text, software, photographs, graphics, illustrations and artwork of video, music, sound and names, logos/trademarks are the property of Heyfield Motel & Apartments or its licensors and are protected under copyright and other laws and you agree not to use such materials without our prior written consent.
Assignment
You cannot assign your rights under this Agreement or any other agreement with us without our prior written consent.
Governing Law
This Agreement is governed by the laws of Victoria and the parties submit to the jurisdiction of the Victorian Courts.
No Agency
You and us are independent contractors and no agency, partnership, joint venture or employee-employer or any other relationship is intended or created by this Agreement.
Entire Agreement
This Agreement, and the Privacy Policy sets out the entire understanding and agreement between us.
Failure to Act
The failure by us to act with respect to a breach by you or others does not waive our rights to act with respect to any other breaches.
No Guarantee
We do not guarantee continuous and uninterrupted access to our services and operation of our website due to numerous factors which may occur outside of our control.
