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Terms & Conditions

Pinctada Hotels & Resorts Pty Ltd trading as Pinctada Hotels & Resorts ("Pinctada Hotels & Resorts")

1. Introduction

Welcome to Pinctada Hotels & Resorts.

Pinctada Hotels & Resorts provides its services to you at its websites:

www.pinctada.com.au
www.pinctadacablebeach.com.au
www.mcalpinehouse.com.au
www.thekimberleygrande.com.au
www.pinctadahotels.com
www.pinctadahotelsresorts.com
("Websites")

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 Pinctada Hotels & Resorts' "Privacy Policy" and Reservation Form found on the Websites.

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.

Pinctada Hotels & Resorts 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

Pinctada Hotels & Resorts provides a membership and reservation service at its Website allowing you to reserve a room at Pinctada Hotels & Resorts subject to availability and other terms and conditions set out in this Agreement and to provide offers or promotions ("Promotions") on the Website ("Service").

You acknowledge that the Service provided to you is not fault free and relies on factors outside the control of Pinctada Hotels & Resorts. The Service is provided to you at such times and by such means as the Pinctada Hotels & Resorts decides from time to time.

3. Registration Obligations

By the Pinctada Hotels & Resorts providing the Service 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 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 Pinctada Hotels & Resorts 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 at the Website.

5. Credit Card Surcharge

All credit card payments will attract a 1.5% surcharge. This includes Visa, MasterCard, American Express and Diners Club Cards.  

6. Guarantee Reservation and Cancellation Policy

Once your reservation is confirmed your credit card will be used as a form of guarantee for the reservation. Any cancellation will need to be received by the Pinctada Hotels & Resorts 72 hours before the day of arrival. Failure to do so may result in a penalty charge processed through to your credit card to the value equal to 1 night's room rate.

7. Promotions

Pinctada Hotels & Resorts 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. Pinctada Hotels & Resorts reserves the right to change, modify or withdraw any Promotion at any time.

8. Prohibited Use

By using the Service you agree that you shall not: a. use the Website for a purpose that is unlawful or prohibited under this Agreement; b. disrupt or interfere with the Service or servers or networks connected to the Service; c. use any information for commercial reasons; and d. modify, copy, transmit, display, reproduce, publish, create derivative works from, transfer or sell any information on the Website.

9. Suspension of Service

Pinctada Hotels & Resorts may from time to time without notice modify, discontinue or suspend the Service and you acknowledge that the Pinctada Hotels & Resorts will not be liable for any suspension, modification, discontinuance or termination of the Service at any time and for any reason whatsoever.

10. Changes to the Service

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

11. Limitations on Liability

You acknowledge that:

a. Pinctada Hotels & Resorts 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 Service, any information or material issued on the Website or for any other matter arising out of or in connection with this Agreement;

b. Pinctada Hotels & Resorts provides the Service on an "as is" basis and without any warranty or condition expressed or implied. To the extent permitted by law, Pinctada Hotels & Resorts 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 Australian Trade Practices Act 1974 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, Pinctada Hotels & Resorts' 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.

12. Indemnity

You agree to indemnify Pinctada Hotels & Resorts 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.

13. Links

The Service may provide links to other websites. As Pinctada Hotels & Resorts has no control over the linked website, you acknowledge that Pinctada Hotels & Resorts 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.

14. Copyright

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

15. Assignment

You cannot assign your rights under this Agreement or any other agreement with Pinctada Hotels & Resorts without the prior written consent of Pinctada Hotels & Resorts.

16. Governing Law

This Agreement is governed by the laws of Western Australian and the parties submit to the jurisdiction of the Western Australia Courts.

17. No Agency

You and Pinctada Hotels & Resorts 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 sets out the entire understanding and agreement between us.

19. Failure to Act

The failure by the Pinctada Hotels & Resorts to act with respect to a breach by you or others does not waive Pinctada Hotels & Resorts rights to act with respect to any other breaches.

20. No Guarantee

Pinctada Hotels & Resorts does not guarantee continuous and uninterrupted access to the Services and operation of the Website due to numerous factors which may occur outside Pinctada Hotels & Resorts' control.