Terms and Conditions

Terms and Conditions

GENERAL

These Terms and Conditions (“Terms”), including any revised terms that we may post from time to time, state the terms and conditions under which we provide you with various services on www.miragewhitsundays.com.au website (the “Site”), owned and operated by Whisper on the Water Pty Ltd and Whisper Bay Whitsundays Pty Ltd on behalf of its affiliated companies (collectively “Mirage Whitsundays”, “us” or “we”). These Terms (which also incorporate our Privacy Policy are a legally binding agreement between you and Mirage Whitsundays and govern your use of this Site as well as all accommodations, transportation, services and activities included in the Resort stays described on our Site (“Services”). BY ACCESSING, BROWSING, AND/OR USING OUR SITE AND/OR SERVICES ON THE WEBSITE AND/OR BY MAKING A CONFIRMED RESERVATION ON OUR SITE OR ANY AFILIATED WEBSITE, YOU ARE DEEMED TO ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, WHILST USING OUR SITE, SERVICES AND DURING YOUR STAY. We may make changes to these Terms from time to time in our sole discretion. Each time changes are made to these Terms, a revised set of Terms will be posted on the home page. Please check them regularly to take notice of any changes. If you have made a booking, we will provide you with an updated copy of the Terms on your arrival at the Resort. Your continued use of our Site following the posting of changes constitutes your acceptance of any such changes. These Terms do not in any way alter the terms or conditions of any other agreement you may have with us, our subsidiaries or affiliates. A. BOOKINGS, RESERVATIONS, PAYMENTS, AMENDMENTS AND CANCELLATIONS

1. Enquiries, Quotes and Reservations

a. Bookings are subject to availability as quoted at the time of enquiry. Some conditions, restrictions and exclusions might apply based on the season including but not restricted to minimum stay requirements, deposit and minimal required age.

b. Quotes issued are valid for 24 hours and are an estimate only, prices will be confirmed once a payment is made on the booking and you receive written advice from Mirage Whitsundays that the payment has been received and the booking is confirmed.

c. All quotes rates are subject to change at any time full payment is received d. Any quoted or confirmed price is subject to change if:  A payment which is due on a booking is not received by Mirage Whitsundays by the payment due date; or  There is a change in or imposition of a government charge, tax or levy which entitles or necessities Mirage Whitsundays changing the price of your booking.  Any details relating to your booking are amended, for example your dates of stay, your room type or the number of persons staying under your booking, in which case clause 17 will apply.

2. Rates and Charges

a. All rates are quoted and Australian dollars

b. All rates are inclusive of all compulsory government taxes (for example GST) where applicable

c. Quoted rates do not include additional services unless otherwise indicated in writing, including but not restricted to tours, transfers, breakfasts, housekeeping services, telephone, etc.

d. All rates are subject to minimal stay and maximum occupancy requirements and will be affected by these variables accordingly

3. Booking, Deposit and Final Payment

a. For all direct bookings to be confirmed and final a full payment of the accommodation is required at the time of booking.

i. Should the total amount of accommodation payable exceed AU$4,000, a request to management can be lodged for a 50% deposit (to a minimum of AU$2,000) made at the time of booking and the reminder of the payment taken 14 days prior to the date of arrival. Management reserves the right to refuse such an arrangement at any given time, especially for high season periods such as Christmas.

ii. Bookings being confirmed over the phone by credit card immediately entail that the credit card details are correct and valid and that the person providing the details also provides authorisation for the confirmed funds to be deducted from the credit card. TERMS AND CONDITIONS

4. Payments

a. Payments made directly to Mirage Whitsundays may be made by credit card (Visa, Mastercard, American Express), debit card, direct transfer, Australian dollars (cash), cheque or money order

b. Only payments made by credit card, debit card, Australian dollars or money order will be able to be confirmed at the time of payment. Payments made by cheque or direct transfer will require 7 business days before a confirmation will be granted

c. Mirage Whitsundays reserves the right to charge a 2% credit card surcharge on Visa and Mastercard and a 3.5% surcharge on American Express cards

d. Payments made over the phone by credit card instantaneously entail that:

i. The person providing the credit card details authorises Mirage Whitsundays to deduct the confirmed funds from the credit card; AND

ii. The credit card details are correct and valid and exempt from fraudulent transactions; AND

iii. The person providing the credit card details takes all responsibility attached to the credit card transaction and its security settings

e. Mirage Whitsundays does not take responsibility for the payments made to third party booking agents such as affiliated websites, travel agents, wholesalers and other promoting agents.

5. Amendments

a. Amendments to a booking include the change of dates, occupancy, room type and inclusions

b. In low and standard seasons, or unless advised otherwise (excluding Christmas and Easter) any amendment to a booking can be made up to 48hrs prior to arrival

c. For any amendments made in low and standard seasons within 48 hours of arrival date, Mirage Whitsundays reserves the right to charge an amendment fee of minimum AU$50 and up to 3% of the total amount of accommodation in addition to the cost of your amended booking. Any reduction in the resulting amount payable cannot be assured and will be at Mirage Whitsundays’ discretion

d. Amendments during high season such as Christmas and Easter can only be made 14 days prior to arrival; such amendments will incur a 100% cancellation free as described in Clause 6

e. Amendments can be made by contacting Mirage Whitsundays’ reservations department directly:

i. By calling 1 300 088 988 or +61 7 4948 1940

ii. By emailing reservations@miragewhitsundays.com.au

6. Cancellation

a. If a booking is cancelled any non-refundable deposit of payment that was previously paid will not be refunded and cancellations charges might apply

b. In low and standard season, or unless advised otherwise (excluding Christmas and Easter) cancellation to a booking can be made up to 7 days prior to arrival without incurring cancellation fees; i. A booking cancelled within 7 to 2 days prior to arrival will incur a $50 cancellation fee at Mirage Whitsundays’ discretion

ii. A booking cancelled within 48hrs prior to arrival will incur a cancellation fee to the full amount of accommodation

c. In high season including Christmas and Easter, cancellation to a booking can be made up to 14 days prior to arrival without incurring cancellation fees:

i. A booking cancelled within 14 days prior to arrival will incur a 100% cancellation fee

d. If deposit was paid by credit card, upon cancellation credit card fees of 2% for Visa and Mastercard and 3.5% for American Express will be charged on refund.

e. Cancellation can be made my contacting Mirage Whitsundays’ reservation department directly:

i. By calling 1 300 088 988 or +61 7 4948 1940 ii. By emailing reservations@miragewhitsundays.com.au 7. No-Show and Termination

a. If the booking does not get checked in on the day of arrival or if the booking gets cancelled shortly after being checked in a 100% cancellation fee will be charged and the full amount of the booking (including all prepaid services such as tours, transfers, ect) less any amount already paid will have to be paid to Mirage Whitsundays.

TERMS AND CONDITIONS

8. Refunds

a. To the extent permitted by law, any amount paid by to Mirage Whitsundays for your booking is nonrefundable unless state otherwise in writing.

b. Should any monies be agreed to be refunded to you based the above clauses payment, amendment, and cancellation policies, Mirage Whitsundays reserves the right to elect the mode of payment for the refund of the monies

c. Mirage Whitsundays will only refund monies paid directly to the Mirage Whitsundays’ accounts and will not honour any refunds made to third party booking agents such as affiliated websites, travel agents, wholesalers and other promoting agents B. ARRIVALS, DEPARTURE, IN-HOUSE

9. Check-in

a. Standard check-in time is 2.00pm. Mirage Whitsundays does not guarantee in any circumstances that a room can be available before the specified check-in time

b. For a room to be guaranteed available before 2.00pm the previous’ night stay should be booked at the applicable rate

c. Personal photo identification along with credit card details (as per Clause 11) will be required at the time of check-in in all circumstances.

10. Check-out

a. Standard check-out time is 10.00am.

b. Late check-out can be requested at the best available rate quoted at the time starting at $20.00 per extra hour after 10.00am and up until 15.00pm

c. For check-out after 15.00pm a full night’s accommodation will be charged

d. All charges that have not been settled in person at reception at the time of check out will be automatically be charged to the credit card provided at the time of check-in

11. Security Deposits

a. A valid credit card must be provided to Mirage Whitsundays at the time of check-in. This procedure is to ensure that all incentives and other arising fees and charges (as per Clause 12) will be covered as determined by Mirage Whitsundays’ Terms and Conditions.

b. Mirage Whitsundays reserves the right to conduct a pre-authorization of the credit card for an amount between $50 and $500. Note that a pre-authorisation is a simple process that validates the credit card and protects both the cardholder and the merchant against fraud incidents. Once taken the preauthorized amount is frozen in the account for a period of a maximum of 5 business days and then gets released. No charges or statement apply.

c. Where a credit card is not available AU$200.00 cash deposit will be required at the time of check-in.

12. Additional Charges

a. Mirage Whitsundays’ accommodation fees include only a full clean at the time of check out. Should management however deem that the accommodation requires significantly more cleaning than usually required at check-out, additional fees will be charged to the guests accordingly after check-out. These additional charges includes but are not restricted to:

i. Any air filtering, steam cleaning or other required process to remove smells and stains associated with smoking inside the accommodation.

ii. Any stain removal caused by artificial colouring such as hair dye, spay tan, etc.

iii. Any excessive cleaning of kitchen appliances including oven, refrigerator, microwave, dishwasher, stove top, and hood.

iv. Any stains on wall and features required painting or changing of wall

b. Any damage or loss of furniture, fittings and appliances in the accommodation and common property will be charged at the cost of replacement

c. Housekeeping Services: Mirage Whitsundays does include room servicing into its accommodation charges unless advised otherwise (for booking of 3 nights or more for example).

TERMS AND CONDITIONS

d. Room servicing, eco packs and full room cleaning can be pre-organised with the reservation department or arranged with the reception office during your stay.

13. Children and unaccompanied minors

a. Children are aged between 2 and 11 years old

b. Infant are under 2 years old

c. No Children and/or infant should be left unattended by a responsible adult at any time inside the room and inside the grounds of the Mirage Whitsundays property, including the pool areas, the waterfront and the driveways.

d. Minors are aged under 18 years old e. All guests under the age of 18 must be accompanied by a responsible adult (parent, guardian) at all time. Should no responsible adult be available with an unaccompanied minor Mirage Whitsunday may immediately cancel the guest’s booking and the full booking amount will forfeited to Mirage Whitsundays under this clause.

14. Public Nuisance Eviction

a. Mirage Whitsundays is proud to offer a peaceful, safe and enjoyable environment for all guests and residents on the property. Should any guests, visitors or resident be deemed a public nuisance to the respectful environment of other guests, Mirage Whitsundays reserves the right to evict the guest, visitors and residents as per this Clause, and cancel the booking instantaneously without refund.

15. Facilities and Services

a. Whilst care is taken to ensure that the description of facilities and services of Mirage Whitsundays is accurate, these are continually being changed, upgraded, and on occasion taken out of service and if any feature/facility is essential to you, it is your responsibility to confirm with the property prior to making your booking that the feature/facility will be available during your stay.

b. To the extent permitted by law Mirage Whitsundays is not liable for omissions, errors or changes to the facilities and services at the property, whether temporary or permanent.

16. Release, indemnity and proportionate liability

a. To the extent permitted by the law, you agree to release, indemnify and hold harmless, Mirage Whitsundays and its current and former officers, employees, contractors, sub-contractors/consultants (including their respective employees and contractors) and agents against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your booking or your stay, except to the extent such expense, cost, liability, claim, action, proceeding, damage, judgment or loss arose out of, was caused by, attributable to or resulted from Mirage Whitsundays negligence, wrongful act/omission or breach of these terms and conditions.

b. To the extent permitted by law the aggregate of Mirage Whitsundays liability to you is limited to an amount not exceeding the amount paid by you for your booking.

17. Event Beyond Control

a. Mirage Whitsundays is not responsible for any loss arising out of any occurrences or conditions beyond its control, including but not limited to acts of terrorism, act of God, defects in vehicles, war, strikes, theft, delay, cancellation, civil disorder, disaster, Government regulations or changes in itinerary or schedule.

18. Use of Information

a. You consent and authorise Mirage Whitsundays to collect, use and disclose your personal information for the purposes of administering your booking and providing you with any services associated with your booking.

b. Mirage Whitsundays will not provide or disclose any information you have provided to Mirage Whitsundays or to any person other than a related body corporate without your prior written consent.