Terms and Conditions
Introduction
Welcome to Heyfield Motel & Apartments.
Heyfield Motel & Apartments provides its services to you at its website at www.heyfieldmotel.com.au subject to the terms set out in these Terms and Conditions. This Agreement forms part of and should be read in conjunction with Heyfield Motel & Apartment's Privacy Policy found at the Website.
By using the Website you agree, without limitation or qualification to all of the terms set out in this Agreement and the Privacy Policy.
Heyfield Motel & Apartments reserves the right to change from time to time any of the terms in this Agreement by general notice on the Website, and by using the Website you agree in advance to accept such changes. This Agreement may not be otherwise amended.
Services
Heyfield Motel & Apartments provides a reservation service at its Website allowing you to reserve a room at Heyfield Motel & 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 the control of Heyfield Motel & Apartments. The Service is provided to you at such times and by such means as Heyfield Motel & Apartments decides 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 the 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 the 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 the Website.
Suspension of Service
Heyfield Motel & Apartments may from time to time without notice modify, discontinue or suspend the Service and you acknowledge that Heyfield Motel & Apartmentsl 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 Heyfield Motel & Apartments reserves the right to change or modify the products, services and programs described at the Website at any time without notice and without liability.
Limitations on Liability
You acknowledge that:
- Heyfield Motel & Apartments or its 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 the Website or for any other matter arising out of or in connection with this Agreement;
- Heyfield Motel & Apartments provides the Service on an "as is" basis and without any warranty or condition expressed or implied.
- To the extent permitted by law, Heyfield Motel & Apartments and its 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, Heyfield Motel & Apartments's 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 Heyfield Motel & Apartments and its 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
The Service may provide links to other websites. As Heyfield Motel & Apartments has no control over the linked website, you acknowledge that Heyfield Motel & Apartments is 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 website.
Copyright
The material used and displayed on the Website 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 Heyfield Motel & Apartments's prior written consent.
Assignment
You cannot assign your rights under this Agreement or any other agreement with Heyfield Motel & Apartments without the prior written consent of Heyfield Motel & Apartments.
Governing Law
This Agreement is governed by the laws of Victorian and the parties submit to the jurisdiction of the Victorian Courts.
No Agency
You and Heyfield Motel & Apartments 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 Heyfield Motel & Apartments to act with respect to a breach by you or others does not waive Heyfield Motel & Apartments rights to act with respect to any other breaches.
No Guarantee
Heyfield Motel & Apartments does not guarantee continuous and uninterrupted access to the Services and operation of the Website due to numerous factors which may occur outside the Heyfield Motel & Apartments's control.
