Terms & Conditions

The Whitsunday Apartments is the registered owner of the website domain www.hamiltonislandwhitsundayapartments.com.au

1. Introduction

Welcome to the Whitsunday Apartments.

Whitsunday Apartments provides its online services to you at its website at www.hamiltonislandwhitsundayapartments.com.au (the "Website") subject to the terms set out in these Terms and Conditions ("this Agreement"). This Agreement forms part of and should be read in conjunction with the Whitsunday Apartments' "Privacy Policy" and Reservation Form found on the Website.
By using the Website you agree, without limitation or qualification to all of the terms set out in this Agreement, the Reservation Form and the Privacy Policy.

The Whitsunday Apartments reserves the right to change from time to time any of the terms in this Agreement by general notice on the Website, and by using the Website you agree in advance to accept such changes. This Agreement may not be otherwise amended.

2. Services

In addition to general website amenities and other services, Whitsunday Apartments provides reservation services on its Website allowing you to reserve a room at the Whitsunday Holiday Apartments subject to availability and other terms and conditions set out in this Agreement. Whitsunday Apartments may also make special offers or promotions ("Promotions") to members on the Website. 

You acknowledge that all services provided to you on the Website are not fault free and may rely on factors outside of the control of Whitsunday Apartments. Services are provided to you at such times and by such means as Whitsunday Apartments may decide from time to time in its absolute discretion and are subject to change at short notice.

3. Registration Obligations

By the Whitsunday Apartments providing services to you, you agree to provide accurate and up to date information as requested and keep that information up to date and accurate.

4. Rate

All room rates for accommodation purposes that are set out on the Website ("Rates") are per room per night based on single or double occupancy, unless otherwise stated. 

All Rates are inclusive of the Australian Goods and Services Tax (GST). Rates on special Promotions and hotel packages are subject to limited availability and may not be available every night. In addition, these rates may not be applicable in conjunction with other promotions, group or conference bookings. Please consult the Whitsunday Apartments Reservation Department for further clarification.

The Rates may increase without notice due to changes in, or imposition of new government charges, taxes or levies. The Rates are subject to changes without notice. The Rates only apply to reservations made on the Website.

5. Guarantee Reservation and Cancellation Policy

Once your reservation is confirmed and your deposit paid your credit card will be used as a form of guarantee for the reservation. A maximum cancellation fee equal in value to the booking may apply to any cancellations. Any cancellation will need to be made in writing.

LOW SEASON: A cancellation fee equal to One Nights Accommodation cost applies if booking cancelled within 8-14 days of check in/arrival. Full Cancellation Fees apply if booking is cancelled within 7 days of arrival or in the event of a NO Show.

HIGH SEASON: A cancellation fee equal to One Nights Accommodation cost applies if booking cancelled within 15-30 days of check in/arrival. Full cancellation fees apply if booking cancelled within 14 days of arrival OR in the event of a No Show.

MID STAY / EARLY CHECK OUTS: No refund if guest checks out mid stay.

6. Promotions

The Whitsunday Apartments may make information regarding Promotions available on the Website. The Promotions are subject to any specific terms and conditions set out in each Promotion in addition to the terms and conditions set out in this Agreement. The Whitsunday Apartments reserves the right to change, modify or withdraw any Promotion at any time.

7. Prohibited Use

By using the Website and its services you agree that you shall not: a. use the Website for a purpose that is prohibited under this Agreement or is unlawful; b. disrupt or interfere with the Website in any way or the servers or networks connected to the Website; c. use, copy or distribute any information, images or anything available on the Website for commercial reasons or otherwise without the consent of the Whitsunday Apartments; and d. modify, copy, transmit, display, reproduce, publish, create derivative works from, transfer or sell any information or technology that appears on the Website.

8. Suspension of Service

The Whitsunday Apartments may from time to time without notice modify, discontinue or suspend the Website and you acknowledge that the Whitsunday Apartments will not be liable for any suspension, modification, discontinuance or termination of the services provided by the Website at any time for any reason whatsoever.

9. Changes to the Service

You acknowledge that the Whitsunday Apartments reserves the right to change or modify the products, services and programs described at the Website at any time without notice and without liability.

10. Limitations on Liability

You acknowledge that:

a. the Whitsunday Apartments or its suppliers are not liable to you or any other person for any cost, loss or liability (including loss or profit or other consequential damage) arising out of or in connection with the provision of the services offered by the Website, any information or material issued on the Website or for any other matter arising out of or in connection with this Agreement;

b. the Whitsunday Apartments provides the Website and the services it offers on an "as is" basis and without any warranty or condition expressed or implied. To the extent permitted by law, the Whitsunday Apartments and its suppliers disclaim all implied warranties and conditions, including without limitation implied warranties and conditions on title, merchantability, fitness for a particular purpose and non-infringement; and

c. the following applies if the Competition and Consumer Act 2010 applies to you. Where any legislation implies any term or warranty that cannot be excluded, then that implied term or warranty will be deemed to be included. However, the Whitsunday Apartments' liability for any breach of such implied term or warranty will be limited where so permitted to:

i. if the breach relates to goods:

• the replacement of the goods; or
• the repair of such goods; or
• the payment of the costs or replacing the goods; or
• the payment of the costs of repairing the goods; and

ii. if the breach relates to services:

• the supplying of those services again; or
• the payment of the costs of having those services supplied again.

11. Indemnity

You agree to indemnify the Whitsunday Apartments and its affiliates, officers, employees and agents harmless from any claim or demand made by any third party arising out of or in connection with your breach of this Agreement.

12. Links

The Website may provide links to other websites. As the Whitsunday Apartments has no control over the linked website, you acknowledge that the Whitsunday Apartments is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with reliance on such information or material contained on the linked website.

13. Copyright

The material used and displayed on the Website for the provision of services including but not limited to text, software, photographs, graphics, illustrations and artwork of video, music, sound and names, logos/trademarks are the property of the Whitsunday Apartments or its licensors and are protected under copyright and other laws and you agree not to use such materials without the Whitsunday Apartments' prior written consent.

14. Assignment

You cannot assign your rights under this Agreement or any other agreement with the Whitsunday Apartments without the prior written consent of the Whitsunday Apartments.

15. Governing Law

This Agreement is governed by the laws of Queensland and the parties submit to the jurisdiction of the Queensland Courts.

16. No Agency

You and the Whitsunday Apartments are independent contractors and no agency, partnership, joint venture or employee-employer or any other relationship is intended or created by this Agreement.

17. Entire Agreement

This Agreement, the Reservation Form and the Privacy Policy sets out the entire understanding and agreement between us.

18. Failure to Act

The failure by the Whitsunday Apartments to act with respect to a breach by you or others does not waive the Whitsunday Apartments rights to act with respect to any other breaches.

19. No Guarantee

The Whitsunday Apartments does not guarantee continuous and uninterrupted access to the Website or the services offered by the Website and operation of the Website due to numerous factors which may occur outside the Whitsunday Apartments' control. The Whitsunday Apartments does not guarantee any accommodation where a booking has not been confirmed in writing by the Whitsunday Apartments.