Terms & Conditions - The Otway Retreat
Welcome to The Otway Retreat. These Terms and Conditions apply whenever you access our website, regardless of how or where you access the website.
Access to The Otway Retreat website and all bookings made from The Otway Retreat website is conditional upon your reading and accepting all of the terms and conditions in, and linked to, the Terms of Use, Terms of Service and Privacy Policy, as they exist at that time. These Terms and Conditions are subject to change at the sole discretion of The Otway Retreat.
Defined Terms
You: “You” or “Your” means the person using Our Website.
Us: “Us”, “The Otway Retreat”, “The Otway Retreat”, “theotwayretreat.com.au”, “We” or “Our” means The Otway Retreat or any of its subsidiary companies.
Our Service: “Our Service”, “The Service” means bookings and booking management at the premises.
Our Website: “Our Website”, “The Otway Retreat” or “theotwayretreat.com.au” means theotwayretreat.com.au.
Terms: “The Terms of Use”, “These Terms of Use”, “The Terms”, or “These Terms” refers to the Terms and Conditions outlined in this document.
Customer: “The Customer”, or “Customer” refers to an individual who has booked a stay with Us.
Privacy
We work hard to make sure that any personal information You share with Us remains private. For full details of how we respect your personal information, please read our privacy policy.
Licence and Website Access
The Otway Retreat grants You a limited license to access and make personal use of Our Website. You are not permitted to use Our Website for commercial purposes without written permission from Us. You are not permitted to take, or copy text, images, logos, videos, code, or data from Our Website without written permission from Us.
We also do not permit reproduction, or embedding Our Website, text, images, logos, videos, code or data into other websites or applications without Our written permission.
We definitely do not permit the use of Our Website for committing crimes, including fraud.
We reserve the right to deny permission to access Our Website at any time.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Our Website so long as the link does not portray The Otway Retreat, its affiliates, products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The Otway Retreat logos or other proprietary graphics or trademarks as part of the link without express written permission from Us.
Copyright
All content on Our Website, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Otway Retreat or its content suppliers, and is protected by Australian and international copyright and trademark laws.
Disclaimer of Warranties and Limitation of Liability
This website is provided by The Otway Retreat on an “as is” and “as available” basis. The Otway Retreat makes no representations or warranties of any kind, expressed or implied, as to the operation of Our Website.
To the full extent permissible by applicable law, The Otway Retreat disclaims all warranties. The Otway Retreat does not warrant that Our Website, its servers, or e-mails sent from The Otway Retreat are free of error, viruses or other harmful components. The Otway Retreat will not be liable for any damages of any kind arising from the use of Our Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
To the extent that liability cannot be excluded, the liability of The Otway Retreat, its directors, officers, and employees are limited to the cost of the service The Otway Retreat provides to The Customer.
To the greatest extent possible by law, The Customer must indemnify and hold harmless The Otway Retreat, its officers, employees, agents and related companies (Indemnified Persons) against all liabilities (including legal costs on a full indemnity basis) incurred by the Indemnified Persons in connection with the provision of all The Otway Retreat Services, except the liability arising from the negligence or default of any of the Indemnified Persons.
Terms of Service
Communications
When You visit Our Website or send e-mails to Us, You consent to communicating with Us electronically and agree that all such communications (including agreements, notices, disclosures, etc.) satisfy all legal requirements to be in writing.
We will communicate with You by e-mail, SMS, phone call or by posting notices on Our Website and social media channels. The Otway Retreat reserves the right not to respond to any queries that are not sent via email.
You can elect to discontinue all future correspondence from The Otway Retreat at any time by notifying Us via email or phone. The Otway Retreat will not be responsible for any loss of data that may result.
Information Provided By You
You are responsible for verifying that the information You provide when ordering from the The Otway Retreat Website. We will not check, verify or assume responsibility for the accuracy or completeness of such information. Information You provide is forwarded directly to our internal teams as part of Your booking.
Provision of Service
Upon payment, We will endeavour to ensure that the premises is kept and ready for your stay. In the event that extra assistance is required from us, we will do our best to be on site and readily available.
However, in certain cases, we may not always be able to physically be on site on demand.
Our Service is deemed ‘complete’ when your agreed stay has finished and you have left the premises.
Types of Services
The Otway Retreat offers a simple service enabling Customers to book a place stay for family vacations, corporate events and yoga retreats.
Upon completing a booking on Our Website, Your booking will be submitted to our team who will ensure your booking is locked into the calendar and will send you additional information about the premises.
Before making a payment for a booking, You will have an opportunity to review all the details You have provided on your screen and make changes if necessary. If You have made an error, it is important that You correct it before proceeding. Once You have confirmed the details, You will be prompted to enter your credit card details for payment.
If You find out later that You have made a mistake, You must contact our team via phone or via email. If the mistake needs to be urgently fixed, then it is best to contact via telephone as our customer support staff can ensure that the error is attended to immediately.
Refund Policy
As soon as payment has been received, You are deemed to have engaged in the Services of The Otway Retreat.
You may be entitled to a refund if:
You cancel a booking at least 7 days before your agreed start date.
The premises was unkempt and unliveable upon arrival.
The premises was double booked with another customer.
In the event of a refund of a payment by credit card, funds will be returned to the credit card that was used for Your payment. If this card is no longer valid, You will be responsible for making arrangements with Your bank or credit provider to have the funds transferred.
Internal Complaints Procedure
The Otway Retreat is genuinely committed to providing Customers with the highest standard of service. Our complaint handling process is designed to ensure that Customers’ concerns are treated seriously and addressed promptly and fairly.
All complaints must be submitted in writing via email at hello@theotwayretreat.com.au. All such written complaints will be acknowledged in writing. Upon receipt of the complaint, a detailed review will be conducted and a response will be provided to You within 7 business days. All Customers will receive written notification of any investigation undertaken and the resolution achieved.
Privacy and Release of Information
The Otway Retreat is bound by the Privacy Act 1988 (Cth) (Privacy Act). Accordingly, The Otway Retreat takes reasonable steps to protect personal information (as defined under the Privacy Act) collected by The Otway Retreat from misuse and loss and from unauthorised access, modification or disclosure.
The Otway Retreat may use and disclose The Customer’s personal information for the primary purpose for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and in other circumstances authorised by the Privacy Act.
In general, The Otway Retreat will disclose The Customer’s personal information for the following purposes:
to conduct Our business;
to provide and market Our services;
to communicate with The Customer;
to comply with Our legal obligations; and
to help Us manage and improve Our services
Subject to the exceptions set out in the Privacy Act, The Customer may gain access to the personal information which The Otway Retreat holds about them by sending a message via email.
Due to privacy laws, We are unable to discuss Your personal details with any third party enquiring on your behalf (including family) unless You provide your written consent authorising Us to do so.
Please review Our Privacy Policy, which also governs your visit to The Otway Retreat, to understand Our practices.
Governing Law
The Terms shall be governed by the laws of Victoria, Australia. The Courts of Victoria shall have exclusive jurisdiction to settle any disputes (including claims of set-off and counterclaims) in connection with These Terms of Use.
General
No person has been authorised to give any representations on behalf of The Otway Retreat in regards to the subject matter or The Terms within These Terms of Use.
Headings in These Terms are for convenience only and do not affect the interpretation of These Terms.
The Otway Retreat may vary any of These Terms and any other information relating to our produce and services at any time, and your subsequent use of Our Website will be governed by the varied Terms.
In the event that any of the provisions of These Terms are or shall become invalid, illegal or unenforceable, the remainder shall survive unaffected.
Links
Our Website contains links to other sites. Please be aware that We are not responsible for the accuracy or the privacy practices of other such sites. We encourage You to be aware that when You leave Our Website, You should read the privacy statements of each and every website that collects identifiable personal information. This privacy statement applies solely to information collected on Our Website.