Terms
Terms of Use and (click on the link for) Advertising Terms and Conditions
Last updated: 10/08/2018
Terms of Use
These terms and conditions are provided as a plain English agreement between you and the operators of this website service, Play Stay Australia and Aquila Management Group Pty Ltd.
You should read these Terms of Use carefully. By accessing or using this Website, booking any reservations for travel-related or services, products, events displayed on the Website, or contacting our representatives, email enquires you agree that the Terms of Use then in force shall apply.
Disclaimer – Play Stay Australia provides listings to facilitate tourism operators and consumers connecting and booking products or services directly with each other. Play Stay Australia does not endorse, certify or warrant the quality of the product and services offered by third parties or their agents. You must make your own decision about the reliability of the information and the suitability, condition and legality of the service or product on offer. Play Stay Australia accepts no legal liability whatsoever in regard to product listings, any linked site or booking made.
If you believe that these terms and conditions infringe on your rights in any way, or you don’t wish to be bound them then do not use this website or any of the services provided by it.
This Agreement is governed by the laws of Queensland, Australia. You hereby agree to the exclusive jurisdiction of Queensland courts in all disputes arising out of or relating to the use of this Website or any bookings made or information provided by our Call Centre representatives. You may not use this website any jurisdiction that does not give effect to all provisions of this Agreement including, without limitation, this paragraph.
The terms “we”, “us”, “our”, “Play Stay Australia”, the term “you”, “your”, ‘visitor”, “customer” refers to any person visiting the Website and using or seeking to use any of the Services available on it.
We reserve the right at any time, at our sole discretion, to make changes or otherwise modify the Agreement without prior notice by posting the revised version of this Agreement on the Website.
Your continued access or use of this Website and the Services on and from the date it is posted to the Website signifies your acceptance of the replacement, updated or modified Agreement.
This internet web site hereafter called the “Website” sole purpose is for you determine the availability of goods and services, to make legitimate bookings and transact with travel related suppliers and for no other purpose (together with the services).
Your access to this website and the service offered by it are conditioned upon your acceptance without any modification of all the terms, conditions, and notices set forth below collectively, the “Terms of Use” or “Agreement”.
All information provided on this website may be subject to seasonal and other limitations on availability. We provide this information as an invitation to treat and such is not capable of acceptance by you.
Any booking made or order placed by you shall be deemed to be an offer made by you to purchase the relevant travel-related products or services subject to this Agreement and any booking or carriage conditions of the relevant supplier.
You acknowledge and agree that this Agreement constitutes a valid and enforceable contract only when we provide you with confirmation of availability and a subsequent authorised payment made by you has been processed electronically by us.
General Use of our Website.
When using our website and any of the associated Services, you agree and warrant that:
(1) you are 18 years of age or over and that you have the legal authority to create a binding legal obligation;
(2) you will only use this Website in accordance with these Terms of Use;
(3) you only make legitimate bookings for you or for another person for whom you are duly authorised to do so and you will inform such other persons about the Terms of Use that apply to the bookings you make on their behalf;
(4) if you have a Website account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We reserve the right to terminate such access.
Privacy Policy.
We believe in protecting your privacy. Click here to see our privacy policy.
Prohibited Activities.
The information on this Website, including infrastructure used to provide the information, is owned by us or our suppliers and providers. It is a condition of using this Website, you agree not to use this Website or information for any commercial or non-personal purpose.
Supplier Rules and Restrictions.
The information displayed on this Website concerning specific travel products and services is provided to us by the relevant travel suppliers. We are not responsible for such information and we rely on the accuracy of the information supplied by the relevant Third Party Suppliers.
If we become aware that the information provided by a Third Party Supplier is incorrect in any way, we reserve the right to correct any information. If this means we need to amend your booking we will do so in consultation with you.
Additional terms and conditions imposed by the Third Party Suppliers may also apply to your booking and purchase of travel-related products and services, and we will advise you of these additional terms and conditions where the relevant Third Party Supplier provides them to us. Please read such additional terms and conditions carefully. You agree to abide by the terms and conditions imposed by any Third Party Supplier with whom you elect to deal.
You may be required to sign a liability waiver prior to participating in the service and/or activity offered by third-party suppliers. You understand and agree that any non-compliance with any such Third Party Supplier’s rules and restrictions may result in cancellation of your booking, you may also be denied access to the services and/or activities, and in doing so you acknowledge that you may not receive a refund for this part or portion of your booking.
Some providers may require you to present a credit card or cash deposit upon check-in to cover any additional expenses that may be incurred during your stay. We are not responsible for any costs incurred by you outside of those items listed on your booking invoice.
We do not operate or control the travel-related products and services displayed on the Website. We do not act as co-vendors with Third Party Suppliers with whom you book travel products or services.
When Paying Online.
When paying online your credit card provider may add fees and charges to your transaction. Please Contact and discuss this with your card provider before making any transaction.
All dollar amounts are displayed in Australian dollars only and where applicable are displayed including GST.
Special Deals.
Special deals may be displayed on this Website. You agree to be bound by the terms and conditions of the deal as displayed on the website. The terms and conditions of special deals will be in addition to the terms and conditions agreed to here.
Reservation, Booking, Cancellation and Amendment, Process and Charges.
An email enquiry is an expression of interest in listing on our website. It is not a booking. Once we confirm that a listing is available we will confirm this to you by email. No fees or charges will be charged for an email enquiry reservation.
Our email confirmation and attachment (tax Invoice) will contain instructions on how to make and pay for a listing. Once we have received payment your listing will be upgraded to a request to a work order for your listing. Fees and charges will apply for a listing and any changes required for your listing.
The ability to cancel a listing will be governed by the terms and conditions of the relevant supplier, and we are not responsible for and do not have any control over, such as terms and conditions. We reserve the right to charge cancellation fees or retain all fees/monies paid.
The ability to make a change to the booking will be governed by the terms and conditions of the relevant supplier, and we are not responsible for and do not have any control over, such terms and conditions.
Making a change may result in part, or in whole, to the validity or suitability of the entire listing.
Please Note: When listed, Play Stay Australia is not a booking agent and does not operate a ‘Booking System’, we allow our guests and visitors to connect directly to you via your listing on this website and/or your website and/or your own booking system or your provider’s booking network. We take no responsibility for third party bookings and their terms and conditions.
Travel and Events.
These Terms & Conditions apply to the person making the booking and all other persons on behalf of the booking is made. Our clients operate their own booking system and have their own Terms and Conditions regarding any and handling of any booking that may be received by telephone, facsimile, web or e-mail. You may be deemed to have read and accepted the Terms & Conditions set out on this or any other website linked to Play Stay Australia’s website. Therefore, please read them carefully.
As Play Stay Australia is only acting as a listing site we have no and accept no liability in respect to the supply of any element of your booking, including any liability for illness, personal injury, death or loss of any kind, delay and inconvenience caused directly or indirectly by any provider of travel services or products or by other third parties.
Flights.
Events or tours may occasionally require a minimum number of guests to proceed. Please do not book your flights until you have been advised by your supplier/provider that this event/tour or trip will be proceeding. If minimum numbers are not achieved, you may be offered a full refund or opportunity to transfer your deposit to another event/tour, this is ONLY dependent upon your provider.
As Play Stay Australia is only acting as a listing site we have no and accept no liability in respect to the supply of any element of your booking, including any liability for illness, personal injury, death or loss of any kind, delay and inconvenience caused directly or indirectly by any provider of travel services or products or by other third parties.
Travel Insurance.
Play Stay Australia strongly recommends that you take out full comprehensive travel insurance at the time of paying a deposit. The policy may provide cover for the loss of deposit, cancellation and additional expenses, medical expenses and repatriation and loss or damage to baggage and valuables. You are fully responsible for making any special or increased insurance arrangements which you deem are necessary. The payments made to Play Stay Australia for your event/tour/s are non-refundable. Travel insurance may cover you for unseen circumstances that may force you to withdraw from the event/tour.
As Play Stay Australia is only acting as a listing site we have no and accept no liability in respect to the supply of any element of your booking, including any liability for illness, personal injury, death or loss of any kind, delay and inconvenience caused directly or indirectly by any provider of travel services or products or by other third parties.
Passport & Visas.
It is your sole responsibility to ensure you have a valid passport at the time of travelling and that you hold all necessary visas and permits. Some countries require you when entering to hold a passport with at least six months validity.
As Play Stay Australia is only acting as a listing site we have no and accept no liability in respect to the supply of any element of your booking, including any liability for illness, personal injury, death or loss of any kind, delay and inconvenience caused directly or indirectly by any provider of travel services or products or by other third parties.
Pricing.
Every effort is made to ensure that the prices quoted to you are correct; however, Play Stay Australia acts only as an agent and relies on information provided to us from our suppliers of the travel and other services and products listed in your itinerary. We will endeavour to bring to your attention any change in price prior to you paying the balance of your event/tour. Please Note: some golf clubs, hotels, transfer companies and travel service providers reserve the right to increase their pricing due to increases in green fees, hotel accommodation charges and currency fluctuations etc.
Extra Fees and Charges.
Please be aware, that seasonal variations in pricing may apply and on occasion (public holidays) surcharges may also apply. This could be applicable to;
(a) Suppliers
(b) Credit card fees and/or charges
(c) Non-payment or default fees
(d) Bank charges and/or fees
(e) Any other miscellaneous fees and charges incurred by Play Stay Australia will be passed on
Payments.
Play Stay Australia only accepts payment by direct bank transfer. Full details, payment terms, the bank account will be found on our booking form and/or invoice.
To fully secure your Play Stay Australia advertisement, the full balance owing to the package is required to be paid in full 14 days from the date of your invoice. Failure to complete this transaction within the above-nominated time-frame may/can result in loss of deposit or monies paid. Please ensure you have taken out comprehensive travel insurance in case you need to withdraw from the event/tour due to unforeseen circumstances.
Feed Back and Comments.
We appreciate any feedback or comments you may wish to make. We may publish your comment, with or without clearly identifying you while protecting your (if applicable) confidentiality on our website.
Disclaimer.
To the maximum extent permitted by law, we and our Third Party Suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute an endorsement or recommendation of such products or services by us. All such information, software, products, and services are provided “as is” without warranty of any kind.
To the maximum extent permitted by law, we and our respective suppliers disclaim all warranties and conditions that this website, its servers or any email sent by us and/or our respective suppliers are free of viruses or other harmful components.
To the maximum extent permitted by law, we and our respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
In spite of our efforts, the information on this Website may include inaccuracies or errors. In particular and to the maximum extent permitted by law, we do not guarantee the accuracy of, and disclaim liability for any errors or other inaccuracies relating to, the information and description of the travel products displayed on this Website, including and without limitation to, photographs, list of hotel amenities, general product descriptions, etc, all of which information is provided by the respective suppliers.
The suppliers providing travel products or services promoted on this website are independent parties and not our agents or employees.
We, to the extent permitted by law, are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. We, to the extent permitted by law, have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
Nothing in these Terms & Conditions is intended to limit, exclude or modify or purport to limit, exclude or modify the statutory implied guarantees or warranties that cannot be lawfully limited, excluded or modified as provided under the Competition and Consumer Act 2010 including the statutory consumer guarantees under the Australian Consumer Law or similar laws in the State and Territories of Australia.
Many of the images used by Play Stay Australia on this website and other social media or printed material are supplier or library photos and may not reflect actual events, experiences or escapes.
The information on this website is presented in good faith and on the basis that Play Stay Australia, nor their agents or employees, are liable (whether by reason of error, omission, negligence, lack of care or otherwise) to any person for any damage or loss whatsoever which has occurred or may occur in relation to that person taking or not taking (as the case may be) action in respect of any statement, information or advice given in this website.
Play Stay Australia wishes to advise people of Aboriginal and Torres Strait Islander descent that this website may contain images of persons now deceased.
Limitation of Liability.
To the maximum extent permitted by law, in no event shall we, and/or our respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with any delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if we and our suppliers have been advised of the possibility of such damages.
In relation to any liability which cannot be excluded by law or despite the limitation above, if we or our suppliers are found liable for any loss or damage which arises out of or in any way is connected with any of the occurrences described above, then to the maximum extent permitted by law we and/or our respective suppliers’ liabilities will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to us in connection with such transaction(s) on this website, or (b) One-Hundred Australian Dollars (AU$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit us and/or our respective suppliers.
If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law our liability for breach of such warranties is limited to, at our option:
(a) in the case of products:
(i) the replacement of the products or the supply of equivalent products;
(ii) the payment of the cost of replacing the products or acquiring equivalent products;
(b) in the case of services:
(i) the supply of the services again;
(ii) the payment of the cost of having the services supplied again.
Indemnification.
You agree to defend and indemnify us, and/or our respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your breach of any law or the rights of a third party; or
(c) your use of this Website.
Links to Third-Party Sites.
This Website may contain hyperlinks to websites operated by parties other than us. These are only provided to assist you and are not an endorsement of the operators of these third party websites. We have no control over the content of these third party websites and recommend you take all the usual and prudent protection when accessing sites on the internet.
Copyright and Trademark Notices.
We have endeavoured not to infringes any rights in copyright or trademark. Please advise immediately by email if this is not the case and we will remedy this.
Image Credits: Tours Image – Walk into Luxury
Privacy Policy.
We believe in protecting your privacy. Click here to see our privacy policy.
General.
We may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement requests or other requirements or legal requests relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or be relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and us with respect to this Website and it supersedes all prior or communications and proposals, whether electronic, oral or written, between you and us with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or be relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Wet Weather and Postponements
In the event of inclement weather on your day, each provider/advertiser/listing agent will make the sole decision in the best interest of their business and your safety. Exceptions may apply and are at the sole discretion of the business or operator.
* Indicates – We reserve our right to pass on or charge an administration fee for this process.
Any rights not expressly granted herein are reserved.