Hotel Booking Terms & Conditions

Raes on Wategos Hotel Booking Terms and Conditions

Introduction

These Booking Terms and Conditions, together with the Reservation Form, House Rules and our House Policy the terms of a legal agreement between Raes on Wategos Pty Ltd (ACN 164 962 494) (Raes, we or us) and the person or entity (you or your) listed as the ‘Guest’ in the Reservation Form (collectively, the Agreement).

All bookings made with Raes, either in person or online, are made subject to the terms of this Agreement and you are deemed to have accepted this Agreement once you have submitted your Reservation Form or any payment is made in relation to the Booking (whichever is earlier).

Bookings and reservations

Bookings must be made at least 1 day in advance of the check-in date to guarantee the availability of a room. You may make reservations in advance via Raes’ Website, telephone or in person.

When making reservations, you will be required to provide Personal Information including your name, address, telephone number, email address and credit card details.

Reservations are subject to: (a) availability; (b) the prevailing rates at the time the Booking is made; (c) a minimum stay requirement of 1 night where a reservation is made for any day Sunday to Thursday; (d) a minimum stay of 2 nights where a reservation is made for a Friday or Saturday; and (e) varying minimum stay requirements for reservations made during public holidays as notified by Raes from time to time.

Reservations booked in advance do not constitute a legally binding agreement until Raes confirms that payment has been made on the Booking and you receive written confirmation to your nominated email address from Raes that the payment has been received and the Booking has been confirmed.

Raes does not guarantee the availability of accommodation at the Retreat or room allocation.

You must comply with the Commercial Use Terms and Conditions if your use of the Retreat includes Business Purposes.

Rates and Booking Fees

All rates quoted are in Australian Dollars and include GST.

Any quote given is an estimate only and the rates may change at any time. The Booking Fee will only be confirmed once you have submitted your Reservation Form to Raes.

New rates will apply if you wish to change your Booking (eg change your room type or dates of stay) or extend your stay at the Retreat within 30 days of the check-in date. Raes will use reasonable endeavours to accommodate such requests.

The Booking Fee or any quoted rates given by Raes do not include Additional Services, which will be payable by you, in addition to the Booking Fee (at our prevailing rates at the time) (Service Fee).

If you have been quoted a Booking Fee that includes Additional Services, you should contact us by email at contact@Raes.com.auor by telephone on +61 (2) 6685 5366 to obtain details of the Additional Services. Additional Services may be included as part of a package.

If you use the Retreat for Business Purposes without notifying us, you will be required to pay us a commercial usage fee of $7,500.00 (plus GST) per day that you use the Retreat for Business Purposes. The commercial usage fee is in addition to any Booking Fees and Service Fees paid or payable by you. You acknowledge that that the commercial usage fee is a reasonable and genuine pre-estimate of Raes’ loss in those circumstances.

Clause 3.6 is without prejudice to Raes’ other rights, whether under this Agreement, or at law.

Payments

Payments must be made by Visa, MasterCard, American Express, debit card, bank transfer or in cash. A surcharge will apply to credit cards payments and the surcharge will vary depending upon the credit card used.

Please refer to our Payment Policy for more information.

To make a Booking, a non-refundable deposit of 50% of the Booking Fee must be paid to Raes in advance. The balance of the Booking Fee is payable by you upon check-in at the Retreat.

At the time of Booking and at check-in (as the context permits), you will provide Raes with your credit card details and you expressly authorise Raes to use your nominated credit card to pay for the Booking and for any others sums that become owing to Raes as specified in, or contemplated by, this Agreement.

Raes has the right, at its absolution discretion, to require you to make full payment in advance or pay a deposit at the time you order any Additional Services.

If any deposit or final payment cannot be deducted from your credit card or is not received by us the within 2 days of you making the reservation, Raes reserves the right to cancel the Booking and/or Additional Services and any monies paid by you in relation to your Booking and/or Additional Services will be forfeited to Raes.

Cancellation and no-show

If you wish to change or cancel your Booking or any Additional Services you must contact us by email at contact@Raes.com.auor by telephone on +612 6685 5366. We cannot guarantee that changes can be made.

To the maximum extent permitted by law, if you cancel:

your Booking (for any reason whatsoever, including as a result of COVID-19 or any other illness), you will forfeit the full amount of the deposit (unless otherwise specified in our Cancellation Policy; and

any Additional Services within 24 hours of the scheduled time for the provision of the Additional Services, you will be required to pay the full amount of the Service Fee less any amount which you have already paid. Any deposit paid to Raes in relation to booking the Additional Services will be forfeited.

If you:

cancel your Booking within 14 days prior to your arrival date, do not show up for your Booking, or fail to attend, accept or utilise the Additional Services; or

terminate your Booking or Additional Services early after you have checked in, for any reason whatsoever (including as a result of COVID-19 or any other illness), you will be charged a cancellation fee (by way of liquidated damages) equal to the full amount of your Booking Fee or Service Fee (as the context permits) less any amount which you have already paid. Any deposit paid to Raes in relation to your Booking and/or the Additional Services will be forfeited and retained by Raes.

Please refer to our Cancellation Policy for further information.

Raes may, at its absolute discretion and at any time, terminate, suspend or cancel your Booking or the Additional Services ordered by you upon reasonable written notice to you. You will be offered either a Booking Credit or full refund of all monies which you have already paid.

If you have been issued with Booking Credit pursuant to this Agreement, such credit will remain valid for 12 months from the day the booking is cancelled. A Booking Credit is non-transferable and may only be used by you to pay for the accommodation portion of your booking and may not be used for Additional Services or otherwise. Any Booking Credit not redeemed at the expiry of the 12 month validity date will be forfeited in its entirety to Raes.

All cancellation charges will be processed using the credit card used by you to make the Booking. All refunds will be processed within 14 days.

Please note that a separate cancellation policy applies to Event Bookings. This can be found in your Event Agreement.

Check-in and check-out

When you check-in you may be asked to provide photographic identification (ie your Driver’s Licence, Passport or Keypass). If you are unable to provide such identification your Booking may be cancelled and you may be liable to pay Raes the full amount of your Booking less any amount which you have already paid. Any deposit paid to Raes in relation to your Booking will be forfeited.

Check-in time at Raes is at 2:00pm AEST. Should you arrive prior to this, luggage storage is available.

Check-out time at Raes is at 11:00am AEST. At this time you must check-out of the room and return your room key, and bring all personal belongings, to the reception (and you will ensure that your guests do so).

If you wish to check-out later than the standard check-out time of 11:00am AEST, you must obtain the prior written approval of Raes at least 1 day prior to your scheduled check-out time.

Raes may approve a request for a late check-out, at its absolution discretion, and if approved, you will be charged a late check-out fee at our prevailing rates at the time. All late check-out requests must be made in writing addressed to contact@Raes.com.au.

If you do not arrange a late check-out with Raes and you check-out after 11:00am AEST that day, you will be charged for an additional night’s accommodation at Raes prevailing rates at the time.

House Rules

The House Rules apply to your stay at the Retreat and your access to, and use of, the Additional Services. A comprehensive list of House Rules is available when you check-in to Raes.

Should you (or any other person staying with you at the Retreat) fail to comply the House Rules, Raes reserves the right, at its absolute discretion, to cancel your Booking and the Additional Services, in which case, you will be asked to immediately leave the Retreat. Any payment which you have made to date under this Agreement will not be refunded to you.

Children’s policy

Raes is not able to accept guests under the age of 18 years of age unless staying with their parent or legal guardian. Raes, at its absolution discretion, may require you to show appropriate identification at check-in time as proof of guardianship or that you are 18 years of age.

Children must be accompanied by the parent/guardian at all times.

If a guest is found to be a person under the age of 18 who is not accompanied by a parent or legal guardian, Raes may immediately cancel your Booking and the full amount of the Booking will be forfeited.

Children sharing a room with their parents/ guardians may do so free of change if using existing beds and linen and not exceeding the maximum occupancy of the room.

You will be charged additional fees (at Raes prevailing rates at the time) if extra or children/infants bedding (eg rollaways and cots) is required.

Children may not access or use any of the spa treatments, nor attend the spa treatment facilities at the Retreat.

Parking services

If during your stay at the Retreat you choose to use our parking services as an Additional Service, Raes will park your vehicle in a parking space in the near vicinity of the hotel for the duration of your stay or such shorter period as directed by you (Parking Period).

You warrant that the vehicle being parked by Raes is:

your own property; or

that you are using the vehicle with the owner’s permission.

The vehicle must be in a roadworthy condition, failing which Raes may refuse to accept the vehicle.

You are liable for any and all damage caused prior to placing the vehicle in Raes’ possession.

During the Parking Period, if your vehicle fails to start due to a technical defect, you must take appropriate measures (eg road assistance) to resolve the matter. Raes is not liable for any costs of a return journey or hotel accommodation.

Raes will be responsible for any parking fees applicable when it parks your vehicle.

To the extent permitted by law, Raes is not liable for:

damage to or theft of vehicles parked by Raes during the Parking Period;

your personal items left in the vehicle;

keys or key fobs, other than the vehicle key handed over to Raes.

Additional Services

During your stay at the Retreat, Raes may provide you with Additional Services, which may incur additional fees.

In the event Raes fails to provide the Additional Services in accordance with clause 1, Raes will use reasonable endeavours to correct any such non-performance, or provide you with an alternative means of accessing and using the Additional Services. To the fullest extent permitted by law, the foregoing constitutes your sole and exclusive remedy for any breach of clause 10.1.

No warranties

To the fullest extent permitted by law, Raes excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) in connection with your Booking, your stay at the Retreat, the provision or use of the Additional Services, or this Agreement.

Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.

No warranty is given and Raes will not be liable for:

acts and omissions of any person (including any other guests) who stay or reside at, visit, rent, occupy, or who are otherwise present at, the Retreat (or neighbouring areas);

the availability, continuity, reliability, security or accuracy of the accommodation and amenities at the Retreat and the Additional Services;

the suitability of the Retreat or the Additional Services for any particular purpose, or use under any specific conditions;

any loss of monies, valuables, goods, vehicles or other property (whether tangible or not) that belong to you or any third person, that are brought into or onto the Retreat. You (and not Raes) are responsible at all times for your own monies, valuables, goods, vehicles or other property; or

any loss or damage caused by a Force Majeure Event.

You are responsible for all acts or omissions of any person staying in, residing at, visiting or occupying the room you have booked at the Retreat (whether such act or omission occurs in the room, or anywhere else in the Retreat or neighbouring areas).

Limitation of liability

To the maximum extent permitted by law, Raes will not be liable to you or any third party for:

indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or

loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, downtime costs, loss of use, failure to realise anticipated savings, loss of opportunity or expectation loss or loss of production; or

loss of or damage to any property or any personal injury or death to you, or any third person,

arising out of, relating to or in connection with, the stay at and use of the Retreat and its facilities, the occupation at the Retreat, the use of the Additional Services, and this Agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.

Under no circumstances will Raes’ aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Booking Fees paid by you to Raes under this Agreement.

You agree to defend, indemnify and hold Raes and its Personnel (Indemnified) harmless from and against any and all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of or arising out of:

the stay at the Retreat or the use of, the accommodation and amenities at, the Retreat by you or any third party;

the use of, and access to, the Additional Services by you or any third party; and

any breach by you or any third party of this Agreement (including the House Rules).

Proprietary rights

You agree that there is no tenancy or other proprietary rights created under any laws, whether arising under this Agreement or otherwise and regardless of your length of stay at the Retreat.

Raes grants you a non-exclusive, revocable and non-sublicensable licence to stay at the Retreat and we reserve the right to terminate the licence at any time (without any liability).

Using the Additional Services does not give you (or anyone else) ownership of, or any right, title or interest in, the Additional Services (or any Intellectual Property Rights contained therein) or any information that may be provided to, or accessed by, you (or anyone else) in connection with your (or anyone else’s) use of the Additional Services, all of which is owned by Raes or our licensors.

Third Party Providers

You acknowledge that Raes may use Third Party Products and Additional Services and Third Party Providers to enable us to provide you with access to, and use of, the Additional Services and that your use of and reliance on them is solely at your own risk.

Raes makes no representation or commitment and shall have no liability or obligation whatsoever to you or anyone else in relation to the performance, reliability or use of any such Third Party Products and Services (or any content therein), or any transactions contemplated or completed or any contract entered into by you, with the owner, licensor or operator of such Third Party Products and Services.

Raes recommends that you refer to the third party’s terms and conditions and privacy policy prior to using the relevant Third Party Products and Services made available via, or in connection with, the Additional Services. It is your sole responsibility to determine that the specific goods or services meet your needs and are suitable for the purposes for which they are used.

15. Force majeure

Raes shall have no liability to you (or anyone else), including in the event that we are prevented from or delayed in performing our obligations, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, fire, flood, storm, earthquake or other physicalnatural disaster or extreme weather conditions, sabotage, war, riot, civil commotion, acts of terrorism or hostilities, a quarantine, epidemic, pandemic or outbreak of a contagious disease or any derivative or mutation of such viruses, or the threat or perceived threat of any of these, computer hacking, malicious damage, compliance with any law or governmental order, rule, regulation or direction, a state of emergency has been declared by an authority,, accident, breakdown of plant or machinery, default of suppliers or sub-contractors, or shortage of suppliers, equipment or materials (Force Majeure Event).

General

A waiver of any right under this Agreement is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.

Raes may set off or deduct from any amounts due to you any amounts due from you to Raes under, or arising out of, this Agreement.

If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, then the other provisions shall remain in force.

If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, then the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

This Agreement, the Reservation Form, House Rules, Privacy Policy and other any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter which they cover.

You shall not, without the prior written consent of Raes, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.

If there are any inconsistencies between the terms contained in this Agreement and the Reservation Form, then the terms of the Reservation Form prevail.

The laws of the state of New South Wales, Australia govern this Agreement. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.

17. Definitions

The definitions in this clause apply in this Agreement:

Additional Services means any of the following, available to you during your stay at the Retreat:

laundry services;

restaurant meals, room service and bar fridge consumables;

transfers and transport to and from the Retreat;

spa treatments;

parking services;

merchandise; and

other goods and services as advertised on our Website, Google, third party websites or social media (from time to time).

Booking means the booking of rooms at the Retreat.

Booking Credit means credit which may be applied to future bookings with Raes subject to clause 6.

Booking Fee means the price payable for the Booking.

Business Purposes means the use of the Retreat directly or indirectly in connection with any business, commercial activity or other undertaking intended for profit.

Cancellation Policy means Raes Cancellation Policy located at raes.com.au/payment-and-cancellation-policy/ (as updated from time to time).

Children means children under the age of 18 years.

Commercial Use Terms and Conditions means any commercial use terms and conditions as issued by the Supplier from time to time, located at raes.com.au/commercial-use-terms-and-conditions/.

Event Agreement means the agreement to access, and use, the Retreat for special events and functions.

Event Booking means the booking of Raes for special events and functions in accordance with the Event Agreement.

Force Majeure Event has the meaning set out in clause 15.

GST means Goods and Services Tax as such phrase is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

House Policy means Raes’ policies as updated from time to time and includes Raes’ Cancellation Policy, Payment Policy and Privacy Policy.

Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information, databases or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights, and all similar rights which subsist or will subsist now or in the future in any part of the world.

Payment Policy means Raes’ Payment Policy located at [Raes Hotel Policy] (as updated from time to time).

Personal Information has the meaning in Raes Privacy Policy.

Personnel means any director, officer, employee, agent, contractor, sub-contractor, consultant or volunteer of Raes.

Privacy Policy means the Raes Privacy Policy located at Raes.com.au/privacy-policy (as updated from time to time), or any other site notified by Raes from time to time.

Retreat means the Raes on Wategos retreat and hotel situated at 6 – 8 Marine Parade, Byron Bay, New South Wales, Australia, 2481 and the accommodation and associated amenities (and if applicable, car park).

Service Fee has the meaning in clause 4.

Third Party Products and Services means the premises, facilities, goods and services (including all Intellectual Property Rights contained therein) that:

are provided by Third Party Providers;

interoperate with the Additional Services; or

may be identified as third party products or services.

Third Party Providers means providers or suppliers of Third Party Products and Services.

Website means the Raes’ website located at https://www.Raes.com.au or any other site notified by Raes from time to time.

Updated: September 2022