TERMS AND CONDITIONS – PACIFIC COAST MOTEL

1. Definitions

In these Terms and Conditions, unless inconsistent with the context or subject matter:

1. “ACL” means the Australian Consumer Law as set out in Schedule 2 of the Competition & Consumer Act 2010 (“the CC Act”);
2. “Customer” or “You” means the guest of the Motel being the person named on a booking;  
3. “Motel” means the Pacific Coast Motel, located at  101 Frank Street, Labrador QLD, being operated by the Proprietor;
4. “Proprietor” means the proprietor of the Motel, BROADWATER VISTA MOTEL PTY LTD A.C.N. 655 462 089 trading as Pacific Coast Motel. 

1. Acceptance of Terms
1. The following terms and conditions are available on the Motel website and available in reception and Customer acknowledges that it has read the terms and conditions prior to making booking. 
2. By making a booking/reservation either online directly through the Motel website or via a booking agency, via the telephone or in person, You agree to these terms and conditions.
3. Customer acknowledges that failure to comply with these terms and conditions may result in the cancellation of the booking or eviction from the Motel.
2. Bookings
1. Bookings/reservations are subject to availability and can be made via:-
1. The Motel website;
2. Telephone;
3. In person; or
4. A booking agency.
2. All bookings/reservations must be guaranteed, at the time of booking, by provision of valid credit card details and the same credit card must be presented to the Motel at the time of check in and be valid for the length of the Customer’s stay.
3. The Customer warrants to the Proprietor that Customer has the authority to use the credit card and authorizes the Proprietor to charge any costs of the booking, including cancellation penalties as set out in these terms and conditions, to the credit card. 
4. A booking/reservation shall not be made without provision of valid credit card details. 
5. Further, the person making or affecting a booking is deemed to have accepted these terms and conditions on behalf of the Customer and all persons named in the booking and on the credit card provided.
6. Minimum length of stay restrictions may apply during certain times of the year and shall be as notified from time to time.
7. Any changes to a booking must be made direct with the person through which the booking was made (ie. If a booking was made direct through the Motel, any changes must be made with the Motel or where a booking was made with a booking agency, changes must be made with the booking agency). Changes may be subject to additional charges. 
3. Cancellation
1. At the time of making a booking, all customers will be required to provide a current and valid credit card number to confirm and secure the reservation. 
2. Any cancellations (or a no show) will result in the full amount of the booking being charged to the guest credit card or in the instance of a deposit being received, such deposit will be forfeited.
4. Fees and Charges
1. All prices are quoted in Australian dollars and are inclusive of GST unless otherwise noted.
2. Prices are based on two persons occupying a room an an extra charge of |## (F12)##| $15  per person shall apply for each additional person occupying a room (subject to any occupancy limits of the Motel). The Customer acknowledges that, due to fire regulations, the Motel must be advised of and approve the number of persons occupying a room. Cots are available at an extra cost and should be arranged with the Motel directly.
3. All prices are exclusive of incidentals such as phone, internet, mini bar facilities (if any), meals etc.
4. As previously noted, all bookings must be secured with a valid and current credit card and photographic identification may be requested at time of check in.
5. Where a Customer wishes to pay in cash, arrangements may be made direct with the Motel and the Customer may be charged a bond in the amount of $200 on check in. Credit card payment is preferred. (See clause headed “Bond”).
6. In addition to the accommodation charges and bond amount, Customer acknowledges and agrees that it may incur the following charges:-
1. Where there is evidence of smoking in the room – a charge of $250 to cover the cost of steam cleaning the carpet and other soft furnishings and the laundering of all linen;
2. Where there is evidence of pets in a room (other than sight and hearing assistance dogs present with the approval of the Motel) - a charge of $200 to cover the cost of steam cleaning the carpet and other soft furnishings and the laundering of all linen and pest control where necessary;
3. Any lost or stolen key will incur a charge of $200 |## (F12)##|
4. Any damage or theft of Motel property shall be charged at the cost of replacement or repair;
5. Any mess (including bodily waste) left in the room which necessitates the need for additional cleaning services (such as professional floor cleaners) shall be charged at cost;
6. Any charges for incidental not otherwise notified to the Customer as being inclusive included but not limited to phone, internet charges and (where available) mini-bar charges, in house movies etc;
7. Any charges imposed by the Queensland Fire and Emergency Services .for attendance at unwanted alarms caused by or contributed to by the Customer where the Customer has engaged in reckless or negligent behavior;  
8. Any charges associated with the repair or replacement of smoke alarms where, in the opinion of the Proprietor the smoke alarm is damaged or has been tampered with.
7. The Customer further acknowledges that where any additional cleaning or repairs maintenance required as a result of mess or damage results in the room being unavailable to other guests, the Customer may be charged additional fees equal to the room rate per night or any other amount agreed by the Customer and the Proprietor until the room is available for occupation. 
5. Bond
1. A $200 pre authorization on any credit card supplied will be processed on all credit cards on check in. This charge is acknowledged and authorized by Customer who further acknowledges that this pre authorization amount may affect available funds.
6. No Liability for Loss 
1. The Customer acknowledges that the Traveler Accommodation Providers (Liability) Act 2001 applies to the provision of accommodation and the liability of the Proprietor (as innkeeper) is limited to the extent provided for under that Act.
2. The Customer is hereby notified that:

The Traveller Accommodation Providers (Liability) Act 2001 changes the common law about innkeepers liability.Under the Act, an accommodation provider may be liable to make good any loss of a guest’s property in certain circumstances even though the loss is not caused by the fault   of the accommodation provider, or the provider’s agent.The strict liability of the accommodation provider under the Act –

• Applies only to a quest of the accommodation provide on a day when an accommodation unit is provided for the use of the guest
• Is limited to $250 for each accommodation unit provided for the use of the guest on the day, unless the guest’s property was placed in safe custody facilities
• Does not cover motor vehicles and things owned by the gest left in or on motor vehicles

Note: Words appearing in italics and bold have a special meaning under the Traveller Accommodation Providers (Liability) Act 200.

1. Jurisdiction 
1. This contract shall be governed by and construed by the laws of the state of Queensland and the Commonwealth of Australia.
2. Severability 
1. If a provision of these Terms and Conditions is void or unenforceable then it must be severed from these Terms and Conditions and the provisions that are not void or unenforceable are unaffected by the severance.
3. Indemnity
1.  The Customer shall indemnify and keep indemnified the Proprietor against all loss, damage, costs and expenses suffered or incurred by the Proprietor due to the failure of the Customer to observe or perform any or all of the Terms and Conditions on the part of the Customer to be observed, performed or fulfilled under the Agreement.
4. House Rules
1. The Customer must adhere to any rules notified, published or on display at the Motel in respect of:-
1. Noise/parties;
2. Use of Motel Facilities including pool;
3. Check In/Check Out times;
4. Parking;
5. Visitors;
6. Designated smoking areas;
7. Cooking in rooms.
2. Failure to comply with any notified rules may result in the eviction of the Customer from the Motel, in the discretion of the Proprietor who must act reasonably.
5. Check In/Check Out Time
1. Check in time is 2pm and check out time is 10am unless otherwise agreed with the Proprietor. 
6. Privacy 
1. The Motel complies with the Privacy Act and a copy of its privacy policy is available on its website.