BOOKING TERMS AND CONDITIONS

Riviera Apartment Hotel Management Pty Ltd (ACN 604 709 864) together with its Manager (‘Riviera’) own and operate the serviced accommodation marketed as Riviera Mackay.

Riviera provides accommodation, maintenance, skills, and information technology services and facilities in connection with Riviera Mackay (‘Service’).

Riviera accepts enquiries and bookings via the website www.rivieramackay.com.au (‘Site’), via third parties, and directly from consumers for its Service, conditional on acceptance without alteration of the Terms set out below. (‘Booking’)

By making a booking, continuing to use and access the Site or use the Service you agree to such Terms. If you do not accept these Terms, you may not use and access the Site, make a Booking or use the Service.


1. Definitions

In these Terms, unless the context indicates otherwise:

‘Booking’ means an enquiry or booking made by you via the website www.rivieramackay.com.au (‘Site’), via third parties, and directly from consumers for its Service, conditional on acceptance without alteration of the Terms set out herein.
‘Riviera’ or ‘us’ or ‘we’ means Riviera Apartment Hotel Management Pty Ltd (ACN 604 709 864) together with its Manager and staff;
‘Confirmation’ means the confirmation of a Booking, by Riviera to the provided email address.
‘premise’ or ‘premises’ means the location or locations at which Riviera provides the Services, specifically the area made available in relation to the Booking, and common areas of Riviera Mackay as the context may require in clause 13.
‘Site’ means the website located at www.rivieramackay.com.au.
‘Service’ means the accommodation, maintenance, skills, and information technology services and facilities provided by Riviera under the trading name Riviera Mackay.
‘you’ or ‘your’ means a person who does or purports to use the Site and/or Services;

2. Bookings

2.1.
Riviera offers quotes for Bookings at its sole and absolute discretion, which may be varied at any time prior to acceptance.
2.2.
When making a booking for the service, you must provide your current phone number, email address,your valid credit card details, and the first night’s accommodation cost as a deposit.
2.3.
All bookings are subject to availability.Your Booking will be confirmed by email to the supplied email address (‘Confirmation’).
2.4.
The Confirmation will include the price set in respect of the Bookingwhich cannot be varied once so Confirmed.
2.5.
Any variations to bookings must be notified no later than 2.00pm on the day prior to the commencement of the stay for which the booking was made, and will be accepted at Riviera’s absolute discretion.
2.6.
You agree that you will only use the reservation/enquiry form on the Site for genuine booking enquiries or reservations.

3. Deposits and Cancellations

3.1.
The deposit is the total cost of the first night’s accommodation fee.
3.2.
You authorise Riviera to deduct the deposit from the credit card details provided.
3.3.
Cancellations must be made in writing to Riviera.
3.4.
The deposit is refundable up to 2.00pm on the day priorto the commencement of the Booking.

4. Use of Site and Services

4.1.
The Site assists Customers to make legitimate reservations for the Service, and to make payments for those transactions, and for no other purpose.
4.2.
Children under the age of 18 will only be accepted to Riviera when accompanied by a parent or guardian 18 years of age or older who is booking and accompanying the child in respect of the Booking.
4.3.
To use the Site, a Customer must provide certain information when prompted. You warrant and agree that all information supplied by you in using the Site is true and accurate and you will maintain the accuracy of such information.
4.4.
In using the Service, you covenant and agree to not engage in the following: anti-social behaviour, unreasonable damage to property, affecting the safety of Riviera and its agents employees or contractors and non-compliance with smoking restrictions.
4.5.
No domestic pets are allowed on the premises excluding registered assistance animals and animals employed by government departments e.g. customs animals, police dogs.

5. Payments

5.1.
All monies for Services are due and payable on your arrival at Riviera Mackay in Australian currency.
5.2.
Accepted methods of payment for the Service are Cash, Credit Card and Bank Transfer.
5.3.
You are responsible for all payments, and for any damage suffered by Riviera, whether caused by you or people using the Service with you.

6. Check In and Check Out

6.1.
Riviera will not check you in prior to 2pm.
6.2.
Upon arrival at Riviera:
(a)
all guests must provide valid Federal or State government issued photographic identification for security purposes;
(b)
the guest who made the Booking must provide a valid credit card whereby the cardholder is in the name of the guest who made the Booking for the purpose of indemnifying Riviera pursuant to this agreement ;
(c)
EFTPOS or cash payment of the total Booking cost must be made by cash or EFTPOS; and
(d)

A Pre-authorisation of cash bond equal to $150 per room per stay.Cheques will not be accepted without prior written consent. Any payments made by a third party, must be approved by Riviera in writing, prior to arrival at Riviera.

6.3.
You must check out by 10 am. Failure to check out by 10 am on the last day of the Booking will attract a late fee of 50% of the daily Service fee that applies, in respect of the Service, as at the date of check out.
6.4.
Any late fee payable pursuant to clause 6.2, is due on demand of Riviera.
6.5.
Whilst we attempt to satisfy all special requests, we are unable to provide a guarantee that such requests can or will be met.

7. No Tenancy and Right of Entry

7.1.
The Booking is an agreement for the Service during the Booking period only, and is not intended to create the relationship of Landlord and Tenant between you and Riviera.
7.2.
You acknowledge that you do not have exclusive possession during the Booking period.
7.3.
You acknowledge that a failure to comply with the Terms and Conditions results in Riviera’s right to terminate the agreement for Services,and immediately evict and eject you from the Property, with no damages payable to you and with immediate effect, if deemed necessary by Riviera in its absolute discretion.
7.4.
Riviera reserves the right to immediately evict guests if their behaviour is such as to endanger the safety of the property or staff.
7.5.
You acknowledge that Riviera Mackay offer a serviced apartment Service, and that Riviera retains a right of entry to all areas of the premises.

8. Privacy

8.1.
You and Riviera agree to be bound by Riviera’s Privacy Policy which is available on the Site.

9. Intellectual Property

9.1.
All intellectual property rights including, but not limited to, copyright in all of the content and/or material and/or Services provided by it via the Site or otherwise, are owned by Riviera.
9.2.
Use of theSite does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
9.3.
The rights granted to you in these Terms and Conditions are subject to the following restrictions.
You shall not:
(a)
(a)license, sell, rent, lease, transfer, assign, distribute, customize, or otherwise commercially exploit or encumber the Site;
(b)
modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site;
(c)
access the Site in order to build or promote a similar or competitive service.

10. Links to other websites

10.1.
The Site may contain links to websites, services and advertisements owned and operated by third parties (Third Party Sites) which are not under the control of Riviera.
10.2.
In relation to the Third Party Sites which are linked to the Site, Riviera:
(a)
provides links to other Third Party Sites as a convenience to you and the existence of links to Third Party Sites does not necessarily imply any endorsement, representation or authorisation by Riviera of Third Party Sites; and
(b)
is not responsible for any material contained on Third Party Sites.

11. User Content

11.1.
Riviera makes the Site available in connection with the Service.
11.2.
Users are solely responsible and assume all risk associated with use of their content, including any reliance on its accuracy, completeness or further use.
11.3.
Other than by the operation of law, Riviera is not obligated to backup any content and content may be modified or deleted at any time at the sole discretion of Riviera.

12. Disclaimers and Release

12.1.
To the maximum extent permitted by law, Riviera makes no warranty (express or implied) or guarantee any representation that the Service and any information contained or referred to on the Site:
(a)
will meet your requirements; or
(b)
will be available to you on an uninterrupted, timely, secure, or error-free basis; or
(c)
will be accurate, reliable, free of viruses or errors or defects, complete, legal or safe.
12.2.
Access to, and use of the Site is at your own discretion and risk. You accept the full cost of any necessary repair, correction and maintenance of any of your computer or mobile software or hardware, which may be necessary as a consequence of accessing and/or using the Site.
12.3.
Riviera will not be liable under any circumstances for any loss or damage of any kind recognised by law (even if it has been advised of the possibility of such loss or damage) incurred as a result of your:
(a)
acting, or failing to act, on any information contained in or referred to on the Site;
(b)
using or acquiring, or inability to use or acquire, the Service on the Site or of Bookings made; ;
(c)
any of your interactions.
12.4.
Riviera will not be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to any matter that has arisen or arises directly or indirectly out of, or relates directly or indirectly to:
(a)
your use, or inability to use, the Site or the Service;
(b)
any interactions or transactions, or any act or omission in relation to third parties;
(c)
(c)delays to, interruptions of or cessation of Services provided by Riviera;
(d)
defamatory, offensive or illegal conduct of any party;
whether caused through negligence of Riviera, its employees, agents or contractors, or through any other cause.
12.5.
To the maximum extent permitted by law, Riviera will not be responsible, and we exclude all liability, for any loss or damage whatsoever (including personal injury, and damage to or loss of property) that you or another person may suffer in connection with using the Service or using or relying on information from the Site.

13. Indemnity and Liability

13.1.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Riviera, its agents, employees and contractors or related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth) for any liabilities, claims, demands, losses, costs and expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever, resulting from:
(a)
your use of and access to the Site and Services;
(b)
loss suffered by Riviera, caused by you, including but not limited to:
(i)
all damage to the premises caused in whole or part by you;
(ii)
all repair and maintenance costs that may be required as a result of your use of the premises; and
(iii)
repair and/or replacement of damaged furniture;
(c)
any violation by you of Riviera intellectual property rights;
(d)
any breach of your obligations under these Terms;
(e)
any of your violation of any thirty party right; and
(f)
any other scenario contemplated by these Terms.
The indemnities referred to in this Clause 13 shall survive the termination of these Terms.
13.2.
You acknowledge and accept the liabilities identified in clauses 13.1(a) – (d).

14. Notice

Any notice to be given by you to Riviera shall be sent to the Riviera’s address as it appears on the Site, as otherwise notified to you by Riviera, or at the Registered Office of Riviera Apartment Hotel Management Pty Ltd (ACN 604 709 864). No notice shall be deemed to be given until it is actually received at the relevant address.
15. Duration of Terms

The covenants, conditions, provisions and warranties contained in these Terms and Conditions shall not terminate upon completion of the transactions contemplated herein but to the extent that they have not been fulfilled and satisfied shall remain in full force and effect.
16. Assignment

Your rights and obligations set out in these Terms and Conditions may not be assigned or subcontracted or otherwise transferred by you without the prior written consent of Riviera Apartment Hotel Management Pty Ltd (ACN 604 709 864).
17. Force Majeure

Riviera will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes, material shortages or any other cause which is beyond Riviera’s reasonable control.
18. Entire Agreement

These Terms and Conditions constitute the entire agreement between you and us as to the use of the Site and Service and supersede and cancel all prior agreement, understanding and negotiations in connection with use of the Site or Service.
19. Changes to Terms

19.1.
Riviera reserves the right to change these Terms and Conditions with or without further notice to you and without giving you any explanation or justification for such change.
19.2.
If we make any substantial changes, we may notify you by sending you an email to the last e-mail address you provided to us and/or by posting notice of the changes on the Site. Any changes to the Terms and Conditions will be effective upon the earlier of thirty (30) calendar days following dispatch of an email notice to you or thirty (30) days following our posting of notice of changes on the Site. These changes will be effective immediately for new users of our Site or Services.
19.3.
Continued use of the Site or Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

20. Waiver

Failure by Riviera to enforce any term, warranty or condition contained in these Terms shall not be deemed as a waiver of that right or any other right Riviera may have and no expressed waiver shall be deemed a waiver of any subsequent breach of any term, warranty or condition.
21. Governing Law

21.1.
These Terms will be governed by and interpreted in accordance with the laws of the State of Victoria, Australia.
21.2.
You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts entitled to hear appeals from these Courts, to determine any dispute arising out of these Terms.

22. Severability

You agree that all the provisions of these Terms and Conditions are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent and if any are judged invalid or unenforceable in all the circumstances, that provision(s) or portion of a provision(s) shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.
23. Limitation of Liability

To the maximum extent permitted by law, Riviera will not be responsible, and we exclude all liability, for any loss or damage whatsoever (including personal injury and damage to property) that you or another person may suffer in connection with using the Service or using or relying on information from the Site.

Published: 23 Sep 2015