– The Sunseeker Byron Bay
1. INTRODUCTION
1.1. These Booking Terms and Conditions, together with the Booking Form, House Rules [Be Cool Rules] and our Cancellation Policy, Payment Policy, Group Booking Policy and Event Policy compromise the terms of a legal agreement between Byron Sunseeker Pty Ltd (ABN 52 639 394 219) (The Sunseeker, we or us) and the person or entity (you or your) listed as the ‘Guest’ in the Booking Form (collectively, the Agreement).
1.2. All bookings made with The Sunseeker, either in person or online, are made subject to the terms of this Agreement and you are deemed to have accepted this Agreement once you have submitted your Booking Form or any payment is made in relation to the Booking (whichever is earlier).
2. BOOKINGS AND RESERVATIONS
2.1. Bookings must be made at least 1 day in advance of the check-in date to guarantee the availability of a room or bungalow. You may make reservations in advance via The Sunseeker Website, telephone or in person.
2.2. When making reservations, you will be required to provide Personal Information including your name, address, telephone number, email address and credit card details.
2.3. Reservations are subject to: (a) availability; (b) the prevailing rates at the time the Booking is made; (c) a minimum stay requirement of 1 night where a reservation is made for any day Sunday to Thursday; (d) a minimum stay of 2 nights where a reservation is made for a Friday or Saturday; and (e) varying minimum stay requirements for reservations made during peak periods or public holidays as notified by The Sunseeker from time to time.
2.4. Reservations booked in advance do not constitute a legally binding agreement until The Sunseeker confirms that a deposit payment has been made on the Booking and you receive written confirmation to your nominated email address from The Sunseeker that the payment has been received and the Booking has been confirmed.
2.5. The Sunseeker does not guarantee the availability of accommodation at the property or specific room or bungalow allocation.
3. RATES AND BOOKING FEES
3.1. All rates quoted are in Australian Dollars and include GST.
3.2. Any quote given is an estimate only and the rates may change at any time. The Booking Fee will only be confirmed once you have submitted your Booking request and payment details.
3.3. New rates may apply if you wish to change your Booking (e.g. change your room type or dates of stay) or extend your stay at The Sunseeker within 30 days of the check-in date. The Sunseeker will use reasonable endeavours to accommodate such requests.
3.4. The Booking Fee or any quoted rates given by The Sunseeker do not include Additional Services, which will be payable by you, in addition to the Booking Fee (at our prevailing rates at the time) (Service Fee).
3.5. If you have been quoted a Booking Fee that includes Additional Services, you should contact us by email at hello@thesunseeker.com.au or by telephone on +61 2 6685 8900 to obtain details of the Additional Services. Additional Services may be included as part of a package.
4. PAYMENTS
4.1. Payments must be made by Visa, MasterCard or American Express. All credit card payments incur a fee. A surcharge of 1.75% applies to Domestic American Express transactions, 1.65% for domestic Visa and Mastercard Transactions and 2.90% for international transactions. Payments can be accepted via direct deposit.
4.2. Please refer to our Payment Policy for more information.
4.3. To make a Booking, a non-refundable deposit of 50% of the Booking Fee must be paid to The Sunseeker in advance. The balance of the Booking Fee is payable by you upon check-in at The Sunseeker.
4.4. At the time of Booking and at check-in (as the context permits), you will provide The Sunseeker with your credit card details and you expressly authorise The Sunseeker to use your nominated credit card to pay for the Booking and for any others sums that become owing to The Sunseeker as specified in, or contemplated by, this Agreement.
4.5. The Sunseeker has the right, at its absolute discretion, to require you to make full payment in advance or pay a deposit at the time you order any Additional Services.
4.6. If any deposit or final payment cannot be deducted from your credit card or is not received by us the within 2 days of you making the reservation, The Sunseeker reserves the right to cancel the Booking and/or Additional Services and any monies paid by you in relation to your Booking and/or Additional Services will be forfeited to The Sunseeker.
5. CANCELLATIONS AND NO-SHOW
5.1. If you wish to change or cancel your Booking or any Additional Services, you must contact us by email at hello@thesunseeker.com.au or by telephone on +61 2 6685 8900. We cannot guarantee that changes can be made.
5.2. To the maximum extent permitted by law, if you cancel: (a) your Booking with more than 30 days’ notice, you are able to move your dates or receive your deposit back in the form of hotel credit. Within 15-30 days of your reservation, you will forfeit the full amount of the deposit. Within 14 days of your reservation stay you are liable for the full stay, or 100% payment (unless otherwise specified in our Cancellation Policy; and (b) any Additional Services within 24 hours of the scheduled time for the provision of the Additional Services, you will be required to pay the full amount of the Service Fee less any amount which you have already paid. Any deposit paid to The Sunseeker in relation to booking the Additional Services will be forfeited.
5.3. If you:
(a) do not show up for your Booking, or fail to attend, accept or utilise the Additional Services; or
(b) terminate your Booking or Additional Services early after you have checked in, you will be charged a cancellation fee (by way of liquidated damages) equal to the full amount of your Booking Fee or Service Fee (as the context permits) less any amount which you have already paid. Any deposit paid to The Sunseeker in relation to your Booking and/or the Additional Services will be forfeited and retained by The Sunseeker.
5.4. COVID-19
If there is a government mandated travel restriction which impacts you, we will provide a full credit for a future stay. For all other cancellations, please refer to our cancellation and no show policy. Bookings made via third party websites will be subject to their terms. Please contact them directly to find out more or to make changes. If you wish to change, amend or cancel your Booking or any Additional Services please kindly contact us by email at hello@thesunseeker.com.au or by telephone on +612 6685 8900.
5.5. Please refer to our Cancellation Policy for further information.
5.6. The Sunseeker may, at its absolute discretion and at any time, terminate, suspend or cancel your Booking or the Additional Services ordered by you upon reasonable written notice to you. You will be offered either a Booking Credit or Full Refund of all monies which you have already paid.
5.7. If you have been issued with Booking Credit pursuant to this Agreement, such credit will remain valid for 12 months from the day the booking is cancelled. A Booking Credit is non-transferable and may only be used by you to pay for the accommodation portion of your booking and may not be used for Additional Services or otherwise. Any Booking Credit not redeemed at the expiry of the 12-month validity date will be forfeited in its entirety to The Sunseeker.
5.8. All cancellation charges will be processed using the credit card used by you to make the Booking. All refunds will be processed within 14 days.
5.9. Please note that a separate cancellation policy applies to Event Bookings. This can be found in your Event Agreement.
6. CHECK-IN AND CHECK-OUT
6.1. When you check-in you may be asked to provide photographic identification (i.e., your 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 The Sunseeker the full amount of your Booking less any amount which you have already paid. Any deposit paid to The Sunseeker in relation to your Booking will be forfeited.
6.2. Check-in time at The Sunseeker is at 3:00pm AEST. Should you arrive prior to this, luggage storage is available, and you are welcome to use the facilities until your room is ready.
6.3. Check-out time at The Sunseeker is at 10:00am AEST. At this time, you must check-out of the room and return your room key to reception. If you fail to return your key, you will be charged for the key and keyring accordingly.
6.4. If you wish to check-out later than the standard check-out time of 10:00am AEST, please confirm availability with the staff. This request cannot be guaranteed without reserving the night following your departure.
6.5. The Sunseeker may approve a request for a late check-out, at its absolution discretion, and if approved, you may be charged a late check-out fee at our prevailing rates at the time. All late check-out requests must be made in writing addressed to hello@thesunseeker.com.au.
6.6. If you do not arrange a late check-out with The Sunseeker and you check-out after 10am AEST that day, you will be charged for an additional night’s accommodation at The Sunseeker prevailing rates at the time.
7. BE COOL RULES [HOUSE RULES]
7.1. Be Cool Rules apply to your stay at The Sunseeker and your access to, and use of, the Additional Services and Common Areas. A comprehensive list of Be Cool Rules is available in your room or bungalow when you check-in to The Sunseeker.
7.2. Should you (or any other person staying with you or visiting you at The Sunseeker) fail to comply the Be Cool Rules, The Sunseeker reserves the right, at its absolute discretion, to cancel your Booking and the Additional Services, in which case, you will be asked to immediately leave the premises. Any payment which you have made to date under this Agreement will not be refunded to you.
8. CHILDREN’S POLICY
8.1. The Sunseeker is not able to accept guests under the age of 18 years of age unless staying with their parent or legal guardian. The Sunseeker, at its absolution discretion, may require you to show appropriate identification at check-in time as proof of guardianship or that you are 18 years of age.
8.2. Children must be accompanied by the parent/guardian at all times.
8.3. If a guest is found to be a person under the age of 18 who is not accompanied by a parent or legal guardian, The Sunseeker may immediately cancel your Booking and the full amount of the Booking will be forfeited.
8.4. Children sharing a room with their parents/guardians may do so free of charge if using existing beds and linen, and not exceeding the maximum occupancy of the room.
8.5. You will be charged additional fees (at The Sunseeker prevailing rates at the time) if extra or children/infants’ furniture (e.g., rollway’s, cots and highchairs) is required.
9. PET POLICY
9.1. The Sunseeker is a pet-free premises. Should you (or any other person staying with you or visiting you at The Sunseeker) be found to be housing any animal, The Sunseeker reserves the right, at its absolute discretion, to cancel your Booking and the Additional Services, in which case, you will be asked to immediately leave the premises. Any payment which you have made to date under this Agreement will not be refunded to you.
9.2 Any guest or guest of a guests that is found to be housing a pet on the premises will be charged a minimum of $1000 cleaning fee. This will automatically be charged to the credit card on file.
10. SMOKING POLICY
10.1 The Sunseeker is a strictly no smoking premises. Smoking and e-cigarettes of any kind is not permitted in the rooms, bungalows, gardens, balconies, common spaces or anywhere on the property. Should you (or any other person staying with you or visiting you at The Sunseeker) be found to be smoking or find traces of smoking in scent or burn marks, The Sunseeker reserves the right, at its absolute discretion, to cancel your Booking and the Additional Services, in which case, you will be asked to immediately leave the premises. Any payment which you have made to date under this Agreement will not be refunded to you and a minimum cleaning fee of $1000 and will be charged to the card on file at the sole discretion of The Sunseeker.
11. COMMERCIAL PHOTOGRAPHY
11.1 Commercial photography, production shoots and filming are not allowed on the property without prior written consent and an additional location hire fee. Permits may also be required. Fines may apply.
12. GROUP BOOKING POLICY
12.1 Bookings of 6 to 10 rooms and bungalows of connected guests fall under our Group Booking Policy.
12.2 Group Bookings cannot be made online. All Group Booking requests must come through to the front desk at hello@thesunseeker.com.au. The Sunseeker reserves the right to cancel any group bookings that come through online that have not been approved.
12.3 Group Bookings will be issued with a Group Booking Policy with forms the terms and conditions of the Booking on top of these. Please see separate Group Booking Policy.
12.4 Bookings of 10 or more rooms and bungalows require you to book the entire venue exclusively. Please see separate Event Agreement.
13. SCHOOLIES
13.1. The Sunseeker does not accept Schoolie’s bookings.
14. THEFT OR DAMAGE TO PROPERTY
14.1. You accept full responsibility for any loss, damage or destruction to the property by you or any or you co-occupants or invites. You agree to pay for such damages in full upon demand and agree that the credit card provided will be charged in full for the cost of any replacement or repair to the premises caused during the above stated rental period..
14.2. You agree that your liability for this bill is not waived and you agree to be held personally liable in the evet that the indicated person, company or association fails to pay for any part or the full amount of these charges.
15. ADDITIONAL SERVICES
15.1. During your stay at the The Sunseeker, The Sunseeker may provide you with Additional Services.
15.2. In the event The Sunseeker fails to provide the Additional Services in accordance with clause 5.1, The Sunseeker will use reasonable endeavours to correct any such non-performance or provide you with an alternative means of accessing and using the Additional Services. To the fullest extent permitted by law, the foregoing constitutes your sole and exclusive remedy for any breach of clause 5.1.
16. NO WARRANTIES
16.1. To the fullest extent permitted by law, The Sunseeker excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) in connection with your Booking, your stay at The Sunseeker, the provision or use of the Additional Services, or this Agreement.
16.2. Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.
16.3. No warranty is given and The Sunseeker will not be liable for:
(a) acts and omissions of any person (including any other guests) who stay or reside at, visit, rent, occupy, or who are otherwise present at, The Sunseeker (or neighbouring areas);
(b) the availability, continuity, reliability, security or accuracy of the accommodation and amenities at The Sunseeker and the Additional Services;
(c) the suitability of The Sunseeker or the Additional Services for any particular purpose, or use under any specific conditions;
(d) any loss of monies, valuables, goods, vehicles or other property (whether tangible or not) that belong to you or any third person, that are brought into or onto The Sunseeker premise. You (and not The Sunseeker) are responsible at all times for your own monies, valuables, goods, vehicles or other property; or (e) any loss or damage caused by a Force Majeure Event. 16.4. You are responsible for all acts or omissions of any person staying in, residing at, visiting or occupying the room you have booked at The Sunseeker (whether such act or omission occurs in the room, or anywhere else in The Sunseeker or neighbouring areas).
17. LIMITATION OF LIABILITY
17.1. To the maximum extent permitted by law, The Sunseeker will not be liable to you or any third party for:
(a) indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or
(b) loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, downtime costs, loss of use, failure to realise anticipated savings, loss of opportunity or expectation loss or loss of production; or
(c) loss of or damage to any property or any personal injury or death to you, or any third person, arising out of, relating to or in connection with, the stay at and use of The Sunseeker and its facilities, the occupation at The Sunseeker, the use of the Additional Services, and this Agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
17.2. Under no circumstances will The Sunseeker aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Booking Fees paid by you to The Sunseeker under this Agreement.
17.3. You agree to defend, indemnify and hold The Sunseeker and its Personnel (Indemnified) harmless from and against any and all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of or arising out of:
(a) the stay at The Sunseeker or the use of the accommodation and amenities at, The Sunseeker by you or any third party;
(b) the use of, and access to, the Additional Services by you or any third party; and
(c) any breach by you or any third party of this Agreement (including the House Rules).
18. PROPRIETARY RIGHTS
18.1. You agree that there is no tenancy or other proprietary rights created under any laws, whether arising under this Agreement or otherwise and regardless of your length of stay at The Sunseeker.
18.2. The Sunseeker grants you a non-exclusive, revocable and non-sublicensable licence to stay at The Sunseeker and we reserve the right to terminate the licence at any time (without any liability).
18.2. The Sunseeker grants you a non-exclusive, revocable and non-sublicensable licence to stay at The Sunseeker and we reserve the right to terminate the licence at any time (without any liability).
18.3. Using the Additional Services does not give you (or anyone else) ownership of, or any right, title or interest in, the Additional Services (or any Intellectual Property Rights contained therein) or any information that may be provided to, or accessed by, you (or anyone else) in connection with your (or anyone else’s) use of the Additional Services, all of which is owned by The Sunseeker or our licensors.
19. THIRD PARTY PROVIDERS
19.1. You acknowledge that The Sunseeker may use Third Party Products and Additional Services and Third Party Providers to enable us to provide you with access to, and use of, the Additional Services and that your use of and reliance on them is solely at your own risk.
19.2. The Sunseeker makes no representation or commitment and shall have no liability or obligation whatsoever to you or anyone else in relation to the performance, reliability or use of any such Third Party Products and Services (or any content therein), or any transactions contemplated or completed or any contract entered into by you, with the owner, licensor or operator of such Third Party Products and Services.
19.3. The Sunseeker recommends that you refer to the third party’s terms and conditions and privacy policy prior to using the relevant Third Party Products and Services made available via, or in connection with, the Additional Services. It is your sole responsibility to determine that the specific goods or services meet your needs and are suitable for the purposes for which they are used.
20. FORCE MAJEURE
The Sunseeker shall have no liability to you (or anyone else), including in the event that we are prevented from or delayed in performing our obligations, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, fire, flood, storm, earthquake or other physical natural disaster or extreme weather conditions, sabotage, war, riot, civil commotion, acts of terrorism or hostilities, a quarantine, epidemic, pandemic or outbreak of a contagious disease or any derivative or mutation of such viruses, or the threat or perceived threat of any of these, computer hacking, malicious damage, compliance with any law or governmental order, rule, regulation or direction, a state of emergency has been declared by an authority, accident, breakdown of plant or machinery, default of suppliers or sub-contractors, or shortage of suppliers, equipment or materials (Force Majeure Event).
21. GENERAL
21.1. A waiver of any right under this Agreement is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
21.2. The Sunseeker may set off or deduct from any amounts due to you any amounts due from you to The Sunseeker under, or arising out of, this Agreement.
21.3. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, then the other provisions shall remain in force.
21.4. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, then the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
21.5. This Agreement, the Reservation Form, Booking Policy, House Rules, Privacy Policy and other any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter which they cover.
21.6. You shall not, without the prior written consent of The Sunseeker assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
21.7. If there are any inconsistencies between the terms contained in this Agreement and the Reservation Form, then the terms of the Reservation Form prevail.
21.8. The laws of the state of New South Wales, Australia govern this Agreement. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.
22. DEFINITIONS
The definitions in this clause apply in this Agreement:
22.1. Additional Services means any of the following:
(a) laundry services;
(b) bar meals, room service and bar fridge consumables;
(c) transfers and transport to and from The Sunseeker;
(d) babysitting services;
(e) parking;
(f) merchandise; and
(g) other goods and services as advertised on our Website, Google, third party websites or social media (from time to time).
22.2. Booking means the booking of rooms at The Sunseeker.
22.3. Booking Credit means credit which may be applied to future bookings with The Sunseeker’s subject to clause 5.6 .
22.4. Booking Fee means the price payable for the Booking.
22.5. Cancellation Policy means The Sunseeker’s Cancellation Policy (as updated from time to time).
22.6. Children means children under the age of 18 years.
22.7. Event Agreement means the agreement to access, and use, to The Sunseeker for special events and functions.
22.8. Event Booking means the booking of The Sunseeker for special events and functions in accordance with the Event Agreement.
22.9. Force Majeure Event has the meaning set out in clause 14 .
22.10. GST means Goods and Services Tax as such phrase is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
22.11. Be Cool Rules means The Sunseeker policies as updated from time to time and includes The Sunseeker’s Cancellation Policy, Payment Policy and Privacy Policy.
22.12. Intellectual Property Rights means designs, copyright, trademarks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information, databases or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights, and all similar rights which subsist or will subsist now or in the future in any part of the world.
22.13. Payment Policy means The Sunseeker’s Payment Policy (as updated from time to time).
22.14. Personal Information has the meaning in The Sunseeker Privacy Policy.
22.15. Personnel means any director, officer, employee, agent, contractor, sub-contractor, consultant or volunteer of The Sunseeker.
22.16. Privacy Policy means the The Sunseeker’s Privacy Policy located at www.thesunseeker.com.au/privacypolicy (as updated from time to time), or any other site notified by The Sunseeker from time to time.
22.17. Hotel and Premise means The Sunseeker Byron Bay Rooms and Bungalows situated at 100 Bangalow Rd, Byron Bay, New South Wales, Australia 2481 and the accommodation and associated amenities (and if applicable, car park).
22.18. Service Fee has the meaning in clause 3.4 .
22.19. Third Party Products and Services means the premises, facilities, goods and services (including all Intellectual Property
Rights contained therein) that:
(a) are provided by Third Party Providers;
(b) interoperate with the Additional Services; or
(c) may be identified as third-party products or services.
22.20. Third Party Providers means providers or suppliers of Third-Party Products and Services.
22.21. Website means The Sunseeker’s website located at http://thesunseeker.com.au or any other site notified by The Sunseeker from time to time.
UPDATED: April 2021
1.1. These Booking Terms and Conditions, together with the Booking Form, House Rules [Be Cool Rules] and our Cancellation Policy, Payment Policy, Group Booking Policy and Event Policy compromise the terms of a legal agreement between Byron Sunseeker Pty Ltd (ABN 52 639 394 219) (The Sunseeker, we or us) and the person or entity (you or your) listed as the ‘Guest’ in the Booking Form (collectively, the Agreement).
1.2. All bookings made with The Sunseeker, either in person or online, are made subject to the terms of this Agreement and you are deemed to have accepted this Agreement once you have submitted your Booking Form or any payment is made in relation to the Booking (whichever is earlier).
2. BOOKINGS AND RESERVATIONS
2.1. Bookings must be made at least 1 day in advance of the check-in date to guarantee the availability of a room or bungalow. You may make reservations in advance via The Sunseeker Website, telephone or in person.
2.2. When making reservations, you will be required to provide Personal Information including your name, address, telephone number, email address and credit card details.
2.3. Reservations are subject to: (a) availability; (b) the prevailing rates at the time the Booking is made; (c) a minimum stay requirement of 1 night where a reservation is made for any day Sunday to Thursday; (d) a minimum stay of 2 nights where a reservation is made for a Friday or Saturday; and (e) varying minimum stay requirements for reservations made during peak periods or public holidays as notified by The Sunseeker from time to time.
2.4. Reservations booked in advance do not constitute a legally binding agreement until The Sunseeker confirms that a deposit payment has been made on the Booking and you receive written confirmation to your nominated email address from The Sunseeker that the payment has been received and the Booking has been confirmed.
2.5. The Sunseeker does not guarantee the availability of accommodation at the property or specific room or bungalow allocation.
3. RATES AND BOOKING FEES
3.1. All rates quoted are in Australian Dollars and include GST.
3.2. Any quote given is an estimate only and the rates may change at any time. The Booking Fee will only be confirmed once you have submitted your Booking request and payment details.
3.3. New rates may apply if you wish to change your Booking (e.g. change your room type or dates of stay) or extend your stay at The Sunseeker within 30 days of the check-in date. The Sunseeker will use reasonable endeavours to accommodate such requests.
3.4. The Booking Fee or any quoted rates given by The Sunseeker do not include Additional Services, which will be payable by you, in addition to the Booking Fee (at our prevailing rates at the time) (Service Fee).
3.5. If you have been quoted a Booking Fee that includes Additional Services, you should contact us by email at hello@thesunseeker.com.au or by telephone on +61 2 6685 8900 to obtain details of the Additional Services. Additional Services may be included as part of a package.
4. PAYMENTS
4.1. Payments must be made by Visa, MasterCard or American Express. All credit card payments incur a fee. A surcharge of 1.75% applies to Domestic American Express transactions, 1.65% for domestic Visa and Mastercard Transactions and 2.90% for international transactions. Payments can be accepted via direct deposit.
4.2. Please refer to our Payment Policy for more information.
4.3. To make a Booking, a non-refundable deposit of 50% of the Booking Fee must be paid to The Sunseeker in advance. The balance of the Booking Fee is payable by you upon check-in at The Sunseeker.
4.4. At the time of Booking and at check-in (as the context permits), you will provide The Sunseeker with your credit card details and you expressly authorise The Sunseeker to use your nominated credit card to pay for the Booking and for any others sums that become owing to The Sunseeker as specified in, or contemplated by, this Agreement.
4.5. The Sunseeker has the right, at its absolute discretion, to require you to make full payment in advance or pay a deposit at the time you order any Additional Services.
4.6. If any deposit or final payment cannot be deducted from your credit card or is not received by us the within 2 days of you making the reservation, The Sunseeker reserves the right to cancel the Booking and/or Additional Services and any monies paid by you in relation to your Booking and/or Additional Services will be forfeited to The Sunseeker.
5. CANCELLATIONS AND NO-SHOW
5.1. If you wish to change or cancel your Booking or any Additional Services, you must contact us by email at hello@thesunseeker.com.au or by telephone on +61 2 6685 8900. We cannot guarantee that changes can be made.
5.2. To the maximum extent permitted by law, if you cancel: (a) your Booking with more than 30 days’ notice, you are able to move your dates or receive your deposit back in the form of hotel credit. Within 15-30 days of your reservation, you will forfeit the full amount of the deposit. Within 14 days of your reservation stay you are liable for the full stay, or 100% payment (unless otherwise specified in our Cancellation Policy; and (b) any Additional Services within 24 hours of the scheduled time for the provision of the Additional Services, you will be required to pay the full amount of the Service Fee less any amount which you have already paid. Any deposit paid to The Sunseeker in relation to booking the Additional Services will be forfeited.
5.3. If you:
(a) do not show up for your Booking, or fail to attend, accept or utilise the Additional Services; or
(b) terminate your Booking or Additional Services early after you have checked in, you will be charged a cancellation fee (by way of liquidated damages) equal to the full amount of your Booking Fee or Service Fee (as the context permits) less any amount which you have already paid. Any deposit paid to The Sunseeker in relation to your Booking and/or the Additional Services will be forfeited and retained by The Sunseeker.
5.4. COVID-19
If there is a government mandated travel restriction which impacts you, we will provide a full credit for a future stay. For all other cancellations, please refer to our cancellation and no show policy. Bookings made via third party websites will be subject to their terms. Please contact them directly to find out more or to make changes. If you wish to change, amend or cancel your Booking or any Additional Services please kindly contact us by email at hello@thesunseeker.com.au or by telephone on +612 6685 8900.
5.5. Please refer to our Cancellation Policy for further information.
5.6. The Sunseeker may, at its absolute discretion and at any time, terminate, suspend or cancel your Booking or the Additional Services ordered by you upon reasonable written notice to you. You will be offered either a Booking Credit or Full Refund of all monies which you have already paid.
5.7. If you have been issued with Booking Credit pursuant to this Agreement, such credit will remain valid for 12 months from the day the booking is cancelled. A Booking Credit is non-transferable and may only be used by you to pay for the accommodation portion of your booking and may not be used for Additional Services or otherwise. Any Booking Credit not redeemed at the expiry of the 12-month validity date will be forfeited in its entirety to The Sunseeker.
5.8. All cancellation charges will be processed using the credit card used by you to make the Booking. All refunds will be processed within 14 days.
5.9. Please note that a separate cancellation policy applies to Event Bookings. This can be found in your Event Agreement.
6.1. When you check-in you may be asked to provide photographic identification (i.e., your 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 The Sunseeker the full amount of your Booking less any amount which you have already paid. Any deposit paid to The Sunseeker in relation to your Booking will be forfeited.
6.2. Check-in time at The Sunseeker is at 3:00pm AEST. Should you arrive prior to this, luggage storage is available, and you are welcome to use the facilities until your room is ready.
6.3. Check-out time at The Sunseeker is at 10:00am AEST. At this time, you must check-out of the room and return your room key to reception. If you fail to return your key, you will be charged for the key and keyring accordingly.
6.4. If you wish to check-out later than the standard check-out time of 10:00am AEST, please confirm availability with the staff. This request cannot be guaranteed without reserving the night following your departure.
6.5. The Sunseeker may approve a request for a late check-out, at its absolution discretion, and if approved, you may be charged a late check-out fee at our prevailing rates at the time. All late check-out requests must be made in writing addressed to hello@thesunseeker.com.au.
6.6. If you do not arrange a late check-out with The Sunseeker and you check-out after 10am AEST that day, you will be charged for an additional night’s accommodation at The Sunseeker prevailing rates at the time.
7. BE COOL RULES [HOUSE RULES]
7.1. Be Cool Rules apply to your stay at The Sunseeker and your access to, and use of, the Additional Services and Common Areas. A comprehensive list of Be Cool Rules is available in your room or bungalow when you check-in to The Sunseeker.
7.2. Should you (or any other person staying with you or visiting you at The Sunseeker) fail to comply the Be Cool Rules, The Sunseeker reserves the right, at its absolute discretion, to cancel your Booking and the Additional Services, in which case, you will be asked to immediately leave the premises. Any payment which you have made to date under this Agreement will not be refunded to you.
8. CHILDREN’S POLICY
8.1. The Sunseeker is not able to accept guests under the age of 18 years of age unless staying with their parent or legal guardian. The Sunseeker, at its absolution discretion, may require you to show appropriate identification at check-in time as proof of guardianship or that you are 18 years of age.
8.2. Children must be accompanied by the parent/guardian at all times.
8.3. If a guest is found to be a person under the age of 18 who is not accompanied by a parent or legal guardian, The Sunseeker may immediately cancel your Booking and the full amount of the Booking will be forfeited.
8.4. Children sharing a room with their parents/guardians may do so free of charge if using existing beds and linen, and not exceeding the maximum occupancy of the room.
8.5. You will be charged additional fees (at The Sunseeker prevailing rates at the time) if extra or children/infants’ furniture (e.g., rollway’s, cots and highchairs) is required.
9. PET POLICY
9.1. The Sunseeker is a pet-free premises. Should you (or any other person staying with you or visiting you at The Sunseeker) be found to be housing any animal, The Sunseeker reserves the right, at its absolute discretion, to cancel your Booking and the Additional Services, in which case, you will be asked to immediately leave the premises. Any payment which you have made to date under this Agreement will not be refunded to you.
9.2 Any guest or guest of a guests that is found to be housing a pet on the premises will be charged a minimum of $1000 cleaning fee. This will automatically be charged to the credit card on file.
10. SMOKING POLICY
10.1 The Sunseeker is a strictly no smoking premises. Smoking and e-cigarettes of any kind is not permitted in the rooms, bungalows, gardens, balconies, common spaces or anywhere on the property. Should you (or any other person staying with you or visiting you at The Sunseeker) be found to be smoking or find traces of smoking in scent or burn marks, The Sunseeker reserves the right, at its absolute discretion, to cancel your Booking and the Additional Services, in which case, you will be asked to immediately leave the premises. Any payment which you have made to date under this Agreement will not be refunded to you and a minimum cleaning fee of $1000 and will be charged to the card on file at the sole discretion of The Sunseeker.
11. COMMERCIAL PHOTOGRAPHY
11.1 Commercial photography, production shoots and filming are not allowed on the property without prior written consent and an additional location hire fee. Permits may also be required. Fines may apply.
12. GROUP BOOKING POLICY
12.1 Bookings of 6 to 10 rooms and bungalows of connected guests fall under our Group Booking Policy.
12.2 Group Bookings cannot be made online. All Group Booking requests must come through to the front desk at hello@thesunseeker.com.au. The Sunseeker reserves the right to cancel any group bookings that come through online that have not been approved.
12.3 Group Bookings will be issued with a Group Booking Policy with forms the terms and conditions of the Booking on top of these. Please see separate Group Booking Policy.
12.4 Bookings of 10 or more rooms and bungalows require you to book the entire venue exclusively. Please see separate Event Agreement.
13. SCHOOLIES
13.1. The Sunseeker does not accept Schoolie’s bookings.
14. THEFT OR DAMAGE TO PROPERTY
14.1. You accept full responsibility for any loss, damage or destruction to the property by you or any or you co-occupants or invites. You agree to pay for such damages in full upon demand and agree that the credit card provided will be charged in full for the cost of any replacement or repair to the premises caused during the above stated rental period..
14.2. You agree that your liability for this bill is not waived and you agree to be held personally liable in the evet that the indicated person, company or association fails to pay for any part or the full amount of these charges.
15. ADDITIONAL SERVICES
15.1. During your stay at the The Sunseeker, The Sunseeker may provide you with Additional Services.
15.2. In the event The Sunseeker fails to provide the Additional Services in accordance with clause 5.1, The Sunseeker will use reasonable endeavours to correct any such non-performance or provide you with an alternative means of accessing and using the Additional Services. To the fullest extent permitted by law, the foregoing constitutes your sole and exclusive remedy for any breach of clause 5.1.
16. NO WARRANTIES
16.1. To the fullest extent permitted by law, The Sunseeker excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) in connection with your Booking, your stay at The Sunseeker, the provision or use of the Additional Services, or this Agreement.
16.2. Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.
16.3. No warranty is given and The Sunseeker will not be liable for:
(a) acts and omissions of any person (including any other guests) who stay or reside at, visit, rent, occupy, or who are otherwise present at, The Sunseeker (or neighbouring areas);
(b) the availability, continuity, reliability, security or accuracy of the accommodation and amenities at The Sunseeker and the Additional Services;
(c) the suitability of The Sunseeker or the Additional Services for any particular purpose, or use under any specific conditions;
(d) any loss of monies, valuables, goods, vehicles or other property (whether tangible or not) that belong to you or any third person, that are brought into or onto The Sunseeker premise. You (and not The Sunseeker) are responsible at all times for your own monies, valuables, goods, vehicles or other property; or (e) any loss or damage caused by a Force Majeure Event. 16.4. You are responsible for all acts or omissions of any person staying in, residing at, visiting or occupying the room you have booked at The Sunseeker (whether such act or omission occurs in the room, or anywhere else in The Sunseeker or neighbouring areas).
17. LIMITATION OF LIABILITY
17.1. To the maximum extent permitted by law, The Sunseeker will not be liable to you or any third party for:
(a) indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or
(b) loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, downtime costs, loss of use, failure to realise anticipated savings, loss of opportunity or expectation loss or loss of production; or
(c) loss of or damage to any property or any personal injury or death to you, or any third person, arising out of, relating to or in connection with, the stay at and use of The Sunseeker and its facilities, the occupation at The Sunseeker, the use of the Additional Services, and this Agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
17.2. Under no circumstances will The Sunseeker aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Booking Fees paid by you to The Sunseeker under this Agreement.
17.3. You agree to defend, indemnify and hold The Sunseeker and its Personnel (Indemnified) harmless from and against any and all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of or arising out of:
(a) the stay at The Sunseeker or the use of the accommodation and amenities at, The Sunseeker by you or any third party;
(b) the use of, and access to, the Additional Services by you or any third party; and
(c) any breach by you or any third party of this Agreement (including the House Rules).
18. PROPRIETARY RIGHTS
18.1. You agree that there is no tenancy or other proprietary rights created under any laws, whether arising under this Agreement or otherwise and regardless of your length of stay at The Sunseeker.
18.2. The Sunseeker grants you a non-exclusive, revocable and non-sublicensable licence to stay at The Sunseeker and we reserve the right to terminate the licence at any time (without any liability).
18.2. The Sunseeker grants you a non-exclusive, revocable and non-sublicensable licence to stay at The Sunseeker and we reserve the right to terminate the licence at any time (without any liability).
18.3. Using the Additional Services does not give you (or anyone else) ownership of, or any right, title or interest in, the Additional Services (or any Intellectual Property Rights contained therein) or any information that may be provided to, or accessed by, you (or anyone else) in connection with your (or anyone else’s) use of the Additional Services, all of which is owned by The Sunseeker or our licensors.
19. THIRD PARTY PROVIDERS
19.1. You acknowledge that The Sunseeker may use Third Party Products and Additional Services and Third Party Providers to enable us to provide you with access to, and use of, the Additional Services and that your use of and reliance on them is solely at your own risk.
19.2. The Sunseeker makes no representation or commitment and shall have no liability or obligation whatsoever to you or anyone else in relation to the performance, reliability or use of any such Third Party Products and Services (or any content therein), or any transactions contemplated or completed or any contract entered into by you, with the owner, licensor or operator of such Third Party Products and Services.
19.3. The Sunseeker recommends that you refer to the third party’s terms and conditions and privacy policy prior to using the relevant Third Party Products and Services made available via, or in connection with, the Additional Services. It is your sole responsibility to determine that the specific goods or services meet your needs and are suitable for the purposes for which they are used.
20. FORCE MAJEURE
The Sunseeker shall have no liability to you (or anyone else), including in the event that we are prevented from or delayed in performing our obligations, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, fire, flood, storm, earthquake or other physical natural disaster or extreme weather conditions, sabotage, war, riot, civil commotion, acts of terrorism or hostilities, a quarantine, epidemic, pandemic or outbreak of a contagious disease or any derivative or mutation of such viruses, or the threat or perceived threat of any of these, computer hacking, malicious damage, compliance with any law or governmental order, rule, regulation or direction, a state of emergency has been declared by an authority, accident, breakdown of plant or machinery, default of suppliers or sub-contractors, or shortage of suppliers, equipment or materials (Force Majeure Event).
21. GENERAL
21.1. A waiver of any right under this Agreement is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
21.2. The Sunseeker may set off or deduct from any amounts due to you any amounts due from you to The Sunseeker under, or arising out of, this Agreement.
21.3. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, then the other provisions shall remain in force.
21.4. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, then the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
21.5. This Agreement, the Reservation Form, Booking Policy, House Rules, Privacy Policy and other any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter which they cover.
21.6. You shall not, without the prior written consent of The Sunseeker assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
21.7. If there are any inconsistencies between the terms contained in this Agreement and the Reservation Form, then the terms of the Reservation Form prevail.
21.8. The laws of the state of New South Wales, Australia govern this Agreement. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.
22. DEFINITIONS
The definitions in this clause apply in this Agreement:
22.1. Additional Services means any of the following:
(a) laundry services;
(b) bar meals, room service and bar fridge consumables;
(c) transfers and transport to and from The Sunseeker;
(d) babysitting services;
(e) parking;
(f) merchandise; and
(g) other goods and services as advertised on our Website, Google, third party websites or social media (from time to time).
22.2. Booking means the booking of rooms at The Sunseeker.
22.3. Booking Credit means credit which may be applied to future bookings with The Sunseeker’s subject to clause 5.6 .
22.4. Booking Fee means the price payable for the Booking.
22.5. Cancellation Policy means The Sunseeker’s Cancellation Policy (as updated from time to time).
22.6. Children means children under the age of 18 years.
22.7. Event Agreement means the agreement to access, and use, to The Sunseeker for special events and functions.
22.8. Event Booking means the booking of The Sunseeker for special events and functions in accordance with the Event Agreement.
22.9. Force Majeure Event has the meaning set out in clause 14 .
22.10. GST means Goods and Services Tax as such phrase is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
22.11. Be Cool Rules means The Sunseeker policies as updated from time to time and includes The Sunseeker’s Cancellation Policy, Payment Policy and Privacy Policy.
22.12. Intellectual Property Rights means designs, copyright, trademarks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information, databases or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights, and all similar rights which subsist or will subsist now or in the future in any part of the world.
22.13. Payment Policy means The Sunseeker’s Payment Policy (as updated from time to time).
22.14. Personal Information has the meaning in The Sunseeker Privacy Policy.
22.15. Personnel means any director, officer, employee, agent, contractor, sub-contractor, consultant or volunteer of The Sunseeker.
22.16. Privacy Policy means the The Sunseeker’s Privacy Policy located at www.thesunseeker.com.au/privacypolicy (as updated from time to time), or any other site notified by The Sunseeker from time to time.
22.17. Hotel and Premise means The Sunseeker Byron Bay Rooms and Bungalows situated at 100 Bangalow Rd, Byron Bay, New South Wales, Australia 2481 and the accommodation and associated amenities (and if applicable, car park).
22.18. Service Fee has the meaning in clause 3.4 .
22.19. Third Party Products and Services means the premises, facilities, goods and services (including all Intellectual Property
Rights contained therein) that:
(a) are provided by Third Party Providers;
(b) interoperate with the Additional Services; or
(c) may be identified as third-party products or services.
22.20. Third Party Providers means providers or suppliers of Third-Party Products and Services.
22.21. Website means The Sunseeker’s website located at http://thesunseeker.com.au or any other site notified by The Sunseeker from time to time.
UPDATED: April 2021