Summary of Pertinent Terms
CONDITIONS - You must be 18 years or older…more.
PRICING - All purchases are in Australian Dollars and are non-refundable, non-transferable and name changes are not permitted… more.
PURCHASING – Cards accepted are Visa and Mastercard. Credit Card purchase shall attract 2.5% Credit Card Purchase fee. Upon clicking the BUY NOW button below you will enter into a binding agreement with us…more
ACCESS CODE - Your Reservation Confirmation E-mail contains your Access Code or Key to the property. You must receive this E-mail in order to gain entry to the property…more.
MAKING THIS PURCHASE – you will have 15 minutes to complete this transaction…more
CANCELLATIONS – will incur a $30 fee with any balance being held in credit by us to be used by you within 12 months from the date of cancellation …more
CHANGING YOUR RESERVATION – is a two-step process involving first a cancellation then a re-booking of your new reservation. Fees apply…more.
UNUSED RESERVATIONS – we will not refund any monies because you did not or will not use or utilise the Possum Beach Cottage…more.
LOCKING UP the PROPERTY - You agree to lock up the Property each time you leave or depart the Property just as you would do if you were leaving your own home…more.
THEFT and PROPERTY DAMAGE - …more.
SAFETY AND SUPERVISION OF CHILDREN - You acknowledge that Possum Beach Cottage is located opposite an open body of water and that there is a public road between Possum Beach Cottage and the body of water. You acknowledge that these two features present a hazard to children…more.
RESPECTING THE RIGHTS OF NEIGHBOURS to the quiet enjoyment of their homes…more.
Full Terms and Conditions
CONDITIONS OF SALE
Purchasing via our website is the only way to procure a reservation at the Possum Beach Cottage. By using the Possum Beach website you accept and agree to be bound by these Terms and Conditions.
You must be 18 years or older to purchase a reservation from the Possum Beach Cottage website.
REFERENCES
References to the words ‘us’, ‘we’ and ‘our’ under these clauses refers to Possum Beach Cottage, its Owners, Agents and Website. ABN 55399513872
OCCUPANTS
Maximum number of occupants approved to reside at Possum Beach Cottage is eight (8).
Nightly rates are based on the hire of the house, not the number of occupants. However, the maximum number of 8 occupants shall not be exceeded.
PRICING
All purchases are non-refundable, non-transferable and name changes are not permitted.
All purchases made from the Possum Beach Cottage website are in Australian Dollars (AUD). Fluctuations in international monetary exchange rates are beyond the control of the Possum Beach Cottage and no warranty is made or liability accepted in relation to fluctuations in International exchange rates.
All purchases made on the Possum Beach Cottage website shall be debited from your account on the date of purchase, irrespective of the date of your reservation. You agree to the purchase price as at the date of purchase and the International Monetary Exchange Rate of the day. You agree not to enter into any correspondence, discussion, argument or otherwise in relation to changes in International Monetary Exchange Rates that may occur between the date of your purchase and the date of you reservation at Possum Beach Cottage, irrespective of whether the change in exchange rates either burdens or benefits you.
PURCHASING ACCOMMODATION FROM POSSUM BEACH COTTAGE
The Possum Beach Cottage website enables you to make, cancel, amend and pay for reservations online via Credit Card. Possum Beach Cottage website accepts MasterCard and Visa. You must be the credit card holder of such a Credit Card.
Credit Card purchase shall attract 2.5% Credit Card Purchase fee.
Each instruction generated to or from you or us via the Possum Beach Cottage website shall be known as an “Electronic Instruction”.
The Possum Beach Cottage may make an electronic offer to you for a reservation and you can electronically accept this offer by clicking the “PAY NOW” button on our website. By doing so the Possum Beach Cottage website shall generate a Booking Identification (ID) Number and a Reservation Confirmation Email to you. This Booking ID Number is considered by us to be your binding acceptance of our offer.
You may not receive this Booking ID Number or Email because of failures in the electronic system including but not limited to power supply failures, software malfunctions, computer malfunctions, failure of the telecommunications system, or failures or errors in the provision of Internet/E-mail services by either parties Internet Service Providers.
You acknowledge that these system failures can occur from time to time and that Possum Beach Cottage website service is provided for your use on an ‘as is, where is’ basis. You must ensure that you have alternate means of communication and plan for any contingency resulting from any inability to gain access to the Possum Beach Cottage website.
Because these system faults are beyond the control of either party, you acknowledge that Possum Beach Cottage may not receive your reservation request or that you may not receive a Booking ID Number / E-mail from the Possum Beach Cottage.
Your non-receipt of a Booking ID Number does not necessarily mean that we have not received an Electronic Instruction from you and acted upon it. One of the system failures mentioned above may have contributed to your inability to receive the Reservation Number. Accordingly, your non-receipt of a Booking ID Number does not preclude the existence of a binding contract with us nor does it invalidate your credit card purchase.
You are responsible for ensuring that you receive a Booking ID Number /Confirmation E-mail and most importantly, an Access Code. You should contact Possum Beach Cottage if you haven’t received one. Possum Beach Cottage is not required to issue you a paper copy of any electronic correspondence but may elect to do so under certain circumstances.
We may act on and process all completed electronic instructions to Possum Beach Cottage via Possum Beach Cottage Website without further confirmation from or reference to you.
We will treat an Electronic Instruction as authentic. We are under no obligation to verify the authenticity, accuracy or authority under which such an instruction was sent to us.
ACCESS CODE
Your Reservation Confirmation E-mail contains your Access Code or Key to the property.
Each customer receives a different Access Code.
This code will not be activated until 2.00pm on the day of your arrival and will cease to function at 10.30am on the day of your departure.
You are prohibited from giving your Access Code to any other person, group of people or company, except for those relatives, friends or colleagues who are travelling with you and staying at Possum Beach Cottage with you.
You are responsible for the safe keeping of your Access Code. Without it you will not be able to gain entry to the Property.
You will be held liable for any loss incurred by Possum Beach Cottage where it is proven that the loss resulted from you divulging your Access Code to any other unauthorised person whether intentionally or not. An unauthorised person is anyone other than those relatives, friends or colleagues who are staying at Possum Beach Cottage with you.
You agree to hold harmless Possum Beach Cottage from any claim or loss, (including theft of your own valuables), that you incur as a result of your misplacement, loss, destruction or you forgetting your Access Code or from you intentionally or unintentionally divulging your access code to an unauthorized person, whether verbally or otherwise or as a result of careless or lazy efforts by you to keep your Access Code secure and safe from unauthorised persons.
Possum Beach Cottage recommends that you print your Reservation Confirmation E-mail, which contains you Access Code, and bring it with you to the Possum Beach Cottage. Possum Beach Cottage draws your attention to these clauses and recommends you keep any printed copy of your Access Code secure from unauthorised persons.
SYSTEM PROCESSING TO AVOID BEING GAZUMPED WHILST MAKING A PURCHASE
Pressing the ‘BOOK NOW” button will reserve your requested dates for a period of 15 minutes to allow you time to complete the transaction. E.g. input your personal details, Credit Card numbers etc. Other customers who are browsing our site will see your nominated dates as BOOKED (or not available to them) for this 15 minute period and therefore will not be able to double book or ‘Gazump’ you. If you do not complete the transaction within this time frame, you forfeit your bid for the requested dates and those dates are returned for sale and will show as AVAILABLE on the availability calendar. Other customers will then be free to purchase those dates.
Our secure server processes all transactions in real time. All updates to our availability calendar are also processed in real time. Any action that you perform on our website that normally would be expected to update our availability calendar should automatically refresh the information that you see on your screen. However, if you leave our website or leave it idle for a time you may need to refresh your screen in order to see the latest information. Do so by clicking the 'Check Availability" button at the bottom of the "Availability and Bookings" page.
EXAMPLE: Our calendar will show up to date information as at the time at which you ‘opened’ our calendar page. If you leave this page open but then spend the next 20 minutes browsing other internet sites or pages, the original calendar information you viewed will of course be 20 minutes out of date. You must use the 'Check Availability" button at the bottom of the "Availability and Bookings" page to refresh the calendar page in order to see any changes in availability that may have occurred during that 20-minute interval.
CANCELLATIONS
Cancellations can only be made on-line via our website. You must Log On using your nominated E-mail address and original Access Code.
Cancellations will incur a AUD $30 fee.
When cancelling a reservation, any balance is held in credit by us to be used by you within 12 months from the date of Cancellation.
All future reservations utilising such credit will be charged at the going rate at the time. To make a future reservation by utilising such credit, you must do so via our website by first Logging On using your nominated E-mail address and original Access Code.
If after a cancellation you do not make a further reservation within 12months of the date of cancellation then you will forfeit your credit balance to Possum Beach Cottage.
CHANGING YOUR RESERVATION
Changes can only be made on-line via our website.
All changes to reservations will be treated as a two-step process, i.e. a cancellation of your original reservation followed by a re-booking of your new reservation. Accordingly the terms and charges applicable for such changes to your reservation will be the same as those listed under CANCELLATIONS above.
In order to change your reservation, you must first Log On to our website using your nominated E-mail address and original Access Code. You must then process a cancellation of your original reservation. Finally you must start over and re-book your preferred dates.
UNUSED RESERVATIONS
After making a reservation, Possum Beach Cottage will not refund any monies because you did not or will not use or utilise the Possum Beach Cottage including reasons in and beyond your control. E.g. illness or missed transport connections. In extenuating circumstances, representations may be made to us via e-mail and we will consider each case on its merits. We may require that you submit a Statutory Declaration.
THIRD PARTIES
Third parties include but are not limited to, Cottage Caretakers and Cleaners, Travel Agents, Visitor Information Centres, Booking Agencies etc and their staff, or any other person who has received, or been granted access to, or is charged with the safe keeping of, any Customer Reservation Information.
LIABILITY OF THIRD PARTIES WHEN MAKING RESERVATIONS ON BEHALF OF CUSTOMERS
Third Parties are bound by the Terms and Conditions of this website.
Third Parties are prohibited from releasing any Customer Access Code or other Reservation details to any unauthorised person, group of people or company, other than of course the customer to which the those details apply. Third Parties will be held liable for any loss incurred by Possum Beach Cottage where the loss resulted from such a Third Party divulging any Access Code to any other unauthorised person, whether intentionally or not, or where such a third party elects to misuse such information to illegally gain access to Possum Beach Cottage. Such abuse and misuse of these privileges shall be prosecuted to the full extent permissible by law.
RESERVATIONS MADE ON YOUR BEHALF BY A THIRD PARTY
You are advised that any reservation made on your behalf by a third party will be treated as if you had made the reservation yourself. The terms and conditions contained herein apply to you equally and undiminished and you agree to abide by and unequivocally be bound by these terms and conditions irrespective of the fact that your booking was made by a Third Party.
DISABLED FACILITIES are not provided
ANIMALS are not permitted, except for Guide Dogs.
LOCKING UP the PROPERTY
You agree to lock up the Property each time you leave or depart the Property just as you would do if you were leaving your own home. This will entail closing all windows and blinds and locking the front sliding door. Exit via the rear door. The rear door locks itself automatically. You must ensure that it closes fully. Be sure to remember your access code to regain entry when you return.
RESPECTING THE RIGHTS OF NEIGHBOURS
You acknowledge that Possum Beach Cottage is located in a residential suburb, which is surrounded by the homes of local residents. You agree to respect the rights of the local residents to the quiet enjoyment of their homes and you undertake to keep noise levels to a minimum.
THEFT and PROPERTY DAMAGE
Before your arrival, cleaning contractors inspect the property for damage and inventory all items of Contents including but not limited to manchester, cutlery, crockery and furniture. Any items found to be missing, or any damage to the Property, its contents, fixtures or fittings found after your departure will be investigated. We may contact you as part of this process. Your Credit Card details will be retained pending the outcome of this investigation in the event that cost recovery measures need to be implemented. You agree that Possum Beach Cottage reserves the right to charge to your credit card or otherwise bill you for the replacement of any lost or damaged items or for the repair or replacement of any damaged property caused by you or your party including the associated costs of any such repair or replacement. Associated costs may include Call-out fees for quotations, Delivery fees, Installation Fees, and where an Insurance Claim needs to be made against our Insurance then an associated cost includes any Excess required to be paid by us against any such claim. You agree to pay us by the due date for the required repairs, replacements and any associated costs irrespective of whether the theft or damage was accidental or inadvertent. Possum Beach Cottage reserves the right to charge interest at the rate of 15%pa on all outstanding monies calculated daily from the due date.
You will be held liable for any loss incurred by Possum Beach Cottage where the loss resulted from you divulging your Access Code to any unauthorised person whether intentionally or unintentionally. An unauthorised person is anyone other than those relatives, friends or colleagues who are staying at Possum Beach Cottage with you.
SAFETY AND SUPERVISION OF CHILDREN
You acknowledge that Possum Beach Cottage is located opposite an open body of water and that there is a public road between Possum Beach Cottage and the body of water. You acknowledge that these two features present a hazard to children. You agree that it is your sole responsibility to maintain adequate supervision of any children travelling with you to protect them from these hazards. Possum Beach Cottage accepts no liability whatsoever, whether implied or otherwise and you agree to hold harmless and absolve Possum Beach Cottage from any responsibility or liability in relation to any loss or injury suffered by any person in your travelling party, including children, in relation to these public hazards.
SECURITY and PRIVACY
Possum Beach Cottage takes the security of your personal information seriously. Your transactions are processed via secure mechanisms. We will never knowingly release your personal details to any other person, organisation, company or business.
MARKETING
From time to time you may receive marketing material from us. You agree to receive this material unless you e-mail us to the contrary.
COMPUTER VIRUSES
We utilise third party anti virus and firewall software with regular virus definition data updates. Whilst every care is taken to ensure the integrity of our website, Possum Beach Cottage cannot be held liable for computer virus infections that may occur from the use of or access to our website or email correspondence with us, or from linked website pages that appear on our website. Modern day virus outbreaks can move swiftly and often infect millions of computers worldwide before anti virus software companies can react to the threat. That period of uncertainty between detection and prevention of such threats is well beyond the control of Possum Beach Cottage. Thus whilst any infection is regrettable, we will not accept any responsibility or liability in relation to such events.
Possum Beach Cottage recommends that you maintain and keep current your own Anti Virus software and subscriptions.
LIMITATION OF LIABILITY
You acknowledge, to the extent permitted by law, that Possum Beach Cottage is not liable to you in any way and you shall hold harmless Possum Beach Cottage, its Agents and Owner for any losses, damages, claims or expenses at all (including but not limited to legal costs), arising directly or indirectly in connection with the use of our website or transmission of an Electronic Instruction through the Possum Beach Cottage Website or any failure to receive an Electronic Instruction for whatever reason.
INDEMNITY
You indemnify and hold harmless Possum Beach Cottage for any loss you may incur as a result of your breach of the Terms and Conditions of our website.
Possum Beach Cottage accepts no liability whatsoever, whether implied or otherwise and you agree to hold harmless, absolve and indemnify Possum Beach Cottage from any responsibility, liability, damages, claims or expenses at all (including but not limited to legal costs), arising from any loss or injury suffered by you or any person in your travelling party, as a result of your use of the property.
WARRANTIES
Possum Beach Cottage provides information on leisure activities in the local area of the Tasman Peninsular. Whilst every effort is made to insure that the details contained under this section of our website are correct, Possum Beach Cottage makes no warranty as to the accuracy of the information and you should rely upon them as a guide only.
Possum Beach Cottage reserves the right to amend, change or update any information on the Possum Beach Cottage website at any time and without notice to you and for any reason whatsoever. You agree that where you use the Possum Beach Cottage website after any amendment, change or update to its information, that you have been suitably notified of such amendments changes or updates.
The Possum Beach Cottage Website may contain links to or from third party websites.
Possum Beach Cottage makes no warranties or representations regarding the substance, quality or accuracy of information contained in any linked website.
Possum Beach Cottage does not make any warranty that the information contained in our website is free from error however every endeavour will be made to insure that the information presented is accurate.
LEGAL
Should any clause or part thereof of these Terms and Conditions be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.
© Possum Beach Cottage 2005
All material on this website remains the property of Possum Beach Cottage and may not be copied, duplicated, plagiarised, paraphrased nor follow the structure or order of the information without the written consent of Possum Beach Cottage.
