Our Locations
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Broadwater Mariner Resort, Geraldton WA, Geraldton Western Australia
Broadwater Website Terms of Use
BROADWATER WEBSITE TERMS OF USE
01. Use of the Broadwater Website
02. Broadwater Website Services
03. Registration Obligations
04. Room Rates and Other Prices
05. Reservation Guarantee and Cancellation Policy
06. Promotions
07. Prohibited Use
08. Suspension of Service
09. Changes to the Service
10. Limitations of Liability
11. Indemnity
12. Linked Websites
13. Copyright
14. Assignment
15. Governing Law
16. Severability
17. No Agency
18. Entire Agreement
19. Failure to Act
20. No Guarantee
21. Viruses
This website is owned by Broadwater Hospitality Pty Ltd ABN 79 009 470 688 trading as Broadwater Hotels and Resorts (Broadwater).
By using this website (the Broadwater Website) you agree without limitation or qualification to all of the Terms of Use set out in this document (Agreement), the Reservation Form and the Privacy Policy. Do not use the Broadwater Website if you do not agree with the Terms of Use set out in the Agreement.
Broadwater reserves the right to change from time to time any of the terms or conditions in this Agreement by general notice on the Broadwater Website. This Agreement may not be otherwise amended. By using the Broadwater Website you agree in advance to accept such changes In the event that you do not agree with such changes after they are made, cease use of this Broadwater Website.
01. Use of the Broadwater Website
The Broadwater Website is intended to provide you with information relating to Broadwater and each of the resorts Broadwater operates throughout Western Australia and to assist you in making a reservation to stay at any Broadwater resort which appears on the Broadwater Website.
To use the Broadwater Website:
- you must be 18 years of age or older;
- you must have the legal authority to enter the Agreement; and
- you agree to at all times be bound by each of the Terms of Use contained within this Agreement and any other Terms of Use shown anywhere else on the Broadwater Website.
By making a reservation via the Broadwater Website:
- you agree to make a legitimate reservation or reservations on your own behalf or for another person whom you are legally authorised to act for and for no other purpose;
- you agree to the payment terms and cancellation policy provided herein;
- you warrant that all information that you supply is true, correct and up to date; and
- you agree to pay all fees, taxes, etc. specified herein.
02. Broadwater Website Services
Broadwater provides information, membership and reservation services on the Broadwater Website, allowing you to reserve a room at any Broadwater resort that appears on the Broadwater Website subject to availability and the Terms of Use set out in this Agreement. Broadwater also provides you with information and may provide access to special offers or promotions that appear on the Broadwater Website. Collectively, these are referred to as the ‘Broadwater Website Services’.
You acknowledge and agree that Broadwater at no point guarantees that the Broadwater Website Services provided to you are fault free, and that some may rely upon factors outside the control of Broadwater. The Broadwater Website Services are provided to you at such times and by such means as Broadwater determines from time to time.
03. Registration Obligations
When providing information to Broadwater, you agree to provide complete, accurate and up to date information as requested and to keep that information complete, accurate and up to date. Broadwater may refuse to provide you with the Broadwater Website Services unless the information you provide is complete, accurate and up to date.
The information we collect from you and about you is subject to our Privacy Policy. Please refer to our Privacy Policy for more information.
04. Room Rates and Package Offers
All Room Rates shown on the Broadwater Website are shown on a ‘per room per night’ basis for single or double occupancy unless expressly stated otherwise and are shown inclusive of GST (Goods and Services Tax) where applicable.
Room Rates shown for any promotional offer or package offer (for example, prices which include accommodation plus other included and pre-booked goods or services) are subject to limited availability and may not be available every night or on a particular night or nights.
Some Room Rates may not be applicable in conjunction with other promotions or package offers, group bookings or conference bookings.
On the Broadwater Website:
- Room Rates or prices for any package or other offers shown or available on the Broadwater Webs te may increase without notice due to changes in or imposition of new government charges, taxes or levies, etc;
- Room Rates are subject to change without notice; and
- Room Rates and other offers and prices shown on the Broadwater Webs te only apply to reservations made using the Broadwater Website.
For further information or clarification, please contact Broadwater Reservations on:
- (08) 9754 1633 for Broadwater Beach Resort, Busselton WA;
- (08) 9965 9100 for Broadwater Mariner Resort, Geraldton WA; or
- (08) 9474 4222 for Broadwater Resort Apartments, Como WA.
05. Reservation Guarantee and Cancellation Policy
Once your reservation made at the Broadwater Website is confirmed, your credit card or debit card will be used as a form of guarantee for your reservation and to guarantee any other goods or services booked by you or reserved for you.
Notice of cancellation of any booking made using the Broadwater Website must be received by the Broadwater resort holding such booking a minimum of 48 hours prior to the arrival date for such booking.
Failure to provide Broadwater with at least 48 hours prior notice of cancellation will result in the total first night’s Room Rate/s and charges for other goods or services booked being charged to the credit card or debit card provided as a reservation guarantee at the time of Broadwater receiving the booking.
06. Promotions
Broadwater may make information regarding Promotions available on the Broadwater Website and all such Promotions are subject to any specific Terms of Use as shown for each such Promotion in addition to the Terms of Use set out in this Agreement.
Broadwater reserves the right to change, modify or withdraw any Promotion or the Terms of Use relating to any Promotion at any time.
07. Prohibited Use
By using the Broadwater Website Services you agree that you will not:
- use the Broadwater Website for a purpose that is unlawful or prohibited under this Agreement or under any law;
- use the Broadwater Webs te to post obscene, inappropriate, libellous, defamatory, threatening or otherwise inappropriate content or material;
- disrupt or interfere with the Broadwater Webs te Services or servers or networks connected to the Broadwater Website Services;
- use copy, or distribute any information for commercial reasons; and/or
- modify, copy, transmit, display, reproduce, publish, create derivative works from, transfer or sell any information on the Broadwater Website.
If you violate any of these essential Prohibited Use Terms of Use express or implied permission granted to you by Broadwater to use this Broadwater Website immediately terminates without any notice being required from Broadwater.
08. Suspension of Service
Broadwater may from time to time and without notice modify, discontinue, suspend or terminate the Broadwater Website Services and you acknowledge that Broadwater will not be liable for any loss or damage caused by or relating to the modification, discontinuance, suspension, or termination of the Broadwater Website Services at any time and for any reason whatsoever.
09. Changes to the Service
You acknowledge that Broadwater reserves the right to change or modify the products, services and programs described at the Broadwater Website at any time an for any reason whatsoever without notice and without liability.
10. Limitations of Liability
To the extent permitted by law you that:
a. you will release, indemnify and hold harmless Broadwater and its current and former officers, employees, contractors, sub-contractors, consultants and agents against, from and in respect of all expenses, costs, liability, claims, actions, proceedings, damages, judgments and losses of any kind (including loss of profit or other consequential damage) whatsoever arising out of, caused by, attributable to, resulting from or occurring in connection with your use of these Broadwater Website Services and/or your reservation (made using these Broadwater Website Services or by some other means) and/or stay and/or the storage of luggage or belongings at any hotel or resort managed or owned by Broadwater;
b. all conditions, warranties, guarantees, rights, remedies, liability and other terms implied or conferred by statute, commercial practice or common law that impose any liability or obligation on Broadwater with regard to the Broadwater Website Services and/or your booking and/or your stay and/or the storage of luggage or belongings at any hotel or resort managed or owned by Broadwater are excluded under these Terms of Use; and
c. where the Competition and Consumer Act 2010 (Australian Consumer Law) applies to you and where any legislation implies any term or warranty that cannot be excluded, then that implied term or warranty will be deemed to be included. However, Broadwater’s liability under the Australian Consumer Law for any breach of such implied term or warranty will be limited where so permitted to:
i. if the breach relates to goods:
1. the replacement of the goods; or
2. the supply of equivalent goods;
3. the repair of the goods; or
4. the payment of the costs of replacing the goods;
5. the payment of the costs of supplying equivalent goods; or
6. the payment of the costs of repairing the goods; and
ii. if the breach relates to services:
1. the supply of those services again; or
2. the payment of the costs of having those services supplied again;
d. the aggregate of Broadwater’s liability to you (if any) will be limited to an amount equal to and not exceeding the amount paid by you for your reservation/stay; and
e. each indemnity and limitation on liability in these Terms of Use is a continuing and independent obligation and survives the termination or expiry of the Agreement.
Broadwater recommends that at the time of making your reservation, whether by using the Broadwater Website Services or some other means, you purchase comprehensive travel insurance that will reimburse you for any loss or damage suffered by you, including but not limited to the loss, cancellation or change of your booking, loss or damage to your luggage and/or its contents or any other personal belongings, loss of money and/or loss of medical expenses, etc.
11. Indemnity
You agree to indemnify and keep indemnified Broadwater and its affiliates, officers, employees and agents harmless from any claim or demand made by any third party arising out of or in connection with your breach of this Agreement. This indemnification clause is a continuing and independent obligation and survives the termination or expiry of the Agreement.
12. Links
The Broadwater Website Services may provide links to other websites (Linked Websites). As Broadwater has no control over the Linked Websites, you acknowledge that Broadwater is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with reliance on such information or material contained on any Linked Website.
13. Copyright
The material used and displayed on the Broadwater Website for the provision of the Broadwater Website Services including without limitation text, software, photographs, graphics, illustrations, artwork, video, music, sound, names and logos or trademarks are the property of Broadwater or its licensors and are protected under copyright and other laws and you agree not to use such materials without Broadwater’s prior written consent.
14. Assignment
You cannot assign your rights under this Agreement or any other agreement with Broadwater without the prior written consent of Broadwater.
15. Governing Law
This Agreement is governed by the laws of Western Australian and the parties submit to the jurisdiction of the Western Australian courts.
16. Severability
If any term or condition or any part of any term or condition contained within the Agreement is illegal, invalid or otherwise unenforceable then, where possible, it will be read down so that it is not illegal, invalid or otherwise unenforceable. In the event that that is not possible, the term or condition (or part thereof) will be severed from the Agreement and its remaining provisions remain legal, valid and otherwise enforceable.
17. No Agency
You and Broadwater are independent contractors and no agency, partnership, joint venture or employee-employer or any other relationship is intended or created by this Agreement.
18. Entire Agreement
This Agreement, the Reservation Form and the Privacy Policy set out the entire understanding and agreement between you and Broadwater.
19. Failure to Act
The failure by Broadwater to act with respect to a breach by you or others does not in any way waive Broadwater’s rights to act with respect to any other breaches.
20. No Guarantee
Broadwater provides these Broadwarer Website Services on an “as is” basis. Broadwater does not guarantee continuous and/or uninterrupted access to the Broadwater Website Services and operation of the Broadwater Website due to numerous factors, which may occur outside Broadwater’s control.
21. Viruses
Broadwater will not guarantee that any file and/or program available for download and/or execution from or via the Broadwater Website is free from viruses or any other condition that may damage or interfere with data or hardware or software that may be used. On agreeing to the Terms of Use within this Agreement, you release Broadwater from all responsibility for the consequences of its use and take responsibility for all risk of use of programs and files on the Broadwater Website.