Terms of Use
Terms of Use
This Site
Neue Pty Ltd as trustee for The Brosnan Investment Trust trading as Sun Apartments (ABN 45 429 759 583) (Sun Apartments) operates this Site and these Terms of Use (including the Conditions of Sale) govern your use of this Site.
Use of this Site
By accessing this Site, irrespective of the method or platform by which you access and use this Site, you irrevocably agree to be bound by these Terms of Use including the Conditions of Sale.
Children under the age of 18 may not purchase any product or service from this Site and must obtain the permission and assistance of their parent or guardian to do this. You must use this Site in compliance with all applicable laws and these Terms of Use. Sun Apartments reserves the right to deny access to this Site for any conduct that it has reasonable grounds to consider is unlawful or breaches these Terms of Use.
In using this Site, you must not:
- Disrupt the operation or security of this Site or any accounts, servers, or networks connected or accessible through this Site.
- Use this Site in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of this Site.
- Submit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise breaches any applicable law.
- Submit any material of any kind which infringes the rights of any other person, including material which is an invasion of any privacy rights, which is protected by copyright, trade mark or any other intellectual property right without first obtaining the permission of the owner or relevant right holder.
- Submit any material of any kind which contains a virus or other harmful component.
- Delete any author attribution, legal notices, or proprietary designations or labels in any material that is submitted.
- Modify or delete any content on this Site or add any content to this Site.
- Attempt to gain unauthorised access to any part of this Site.
- Use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy any material on this Site without the prior express consent from an authorized Company representative (however such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to our Site).
Sun Apartments reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which breach any applicable or relevant law.
Conditions of Sale
If you purchase any product or service through this Site, you agree to be bound by Sun Apartments’s Conditions of Sale.
Privacy Policy
Sun Apartments respects your right to privacy and has policies and procedures in place to ensure that all personal information collected by Sun Apartments is handled sensitively, securely and in accordance with regulatory requirements. Sun Apartments’s Privacy Policy is available at www.sunapartments.com.au/privacy. By using this Site or by purchasing any products or services from this Site, or by submitting any information to this Site, you agree to the collection, handling and use by Sun Apartments of your personal information in accordance with Sun Apartments’s Privacy Policy.
Competitions
From time to time, Sun Apartments will run competitions on this Site and you agree to review and be bound by the terms and conditions of each competition you enter.
Advertising and Other Links
This Site may contain links to third party controlled websites (Linked Websites) including for advertising which, unless expressly stated on those Linked Websites, are not controlled by Sun Apartments. Sun Apartments is not responsible for the content, nor does Sun Apartments warrant the accuracy of the content on Linked Websites and you agree that your use of Linked Websites and the content contained is entirely at your own risk. You also agree that Sun Apartments is not liable or responsible for any goods or services provided by third parties that operate Linked Websites.
Promotional Offers
From time to time, promotional offers (Offers) may be available on this Site. You acknowledge that these may not be able to be used at all the Hotels and your use of these Offers is subject to availability of the goods or services offered as well as any other additional conditions attached to the Offers.
Accommodation Information
This Site may contain accommodation information such as accommodation facilities which Sun Apartments understands is correct at the time of posting however is subject to change. Sun Apartments will use its reasonable efforts to keep the details of accommodation Information accurate.
Intellectual Property Rights
As between you and Sun Apartments, you agree that all intellectual property rights (including trade marks, logos, brands, graphics, images, text, software, computer programs, film clips, videos and other media) displayed on or relating to this Site are owned by Sun Apartments (or its licensors, sponsors, suppliers or related bodies corporate). Apart from the personal, non-commercial use of the content of this Site, you must not do any of the following unless you have received the prior written permission of Sun Apartments:
- Reproduce, reformat, reuse, transmit (including broadcast), communicate, adapt, distribute, sell, modify, store in a retrieval system or publish or otherwise use any of the material on this Site (including without limitation any underlying source code or other data);
- Interfere with, or attempt to interfere with, the proper working of this Site, (including, for example, by making excessive traffic demands on this website); or
- Reproduce Sun Apartments’s trademarks or logos on another website.
Material You Upload onto Site
For any material you upload onto this Site or submit to Sun Apartments through this Site including on forums, review websites or participation in competitions, you warrant that you are the owner of this material or have obtained all necessary licences to use this material and that your use of this material complies with all applicable laws, for instance the material will not defame or vilify any person. You grant Sun Apartments a perpetual, irrevocable and royalty free licence to use this material for the purposes it was provided to Sun Apartments and consent to any acts by Sun Apartments which would otherwise be an infringement of your moral rights.
Severability
If any part of these Terms of Use is held to be illegal or unenforceable by a court of law, you agree to allow Sun Apartments to amend that part to the minimum extent necessary to make that part legal and enforceable. If that is not possible, that part will be severed from the Terms of Use with all other parts remaining in full force and effect.
Security and Anti-Fraud Measures
From time to time Sun Apartments may use techniques designed to identify fraudulent activities on this Site. If you or any others acting on your behalf have engaged in fraud, illegal conduct or any other breach of these Terms of Use, Sun Apartments may immediately terminate your right to access and use this Site and, where appropriate, cancel any associated accommodation reservations.
Cookies
Sun Apartments uses cookie and other technology to track your use of this Site and to enhance your online experience. You can disable cookies via your browser settings.
Limitation of Liability
You acknowledge and agree that unless required by law, and without limiting the Australian Consumer Law or Consumer Guarantees, this Site and its content is provided “as is” without warranties of any kind, express or implied. You also acknowledge that you use this Site and the material contained on this Site at your own risk. To the extent permitted by law (and without limiting the Australian Consumer Law or Consumer Guarantees) Sun Apartments and you each:
- Exclude liability for any indirect or consequential loss or damage including loss of profits and loss of revenue; and
- Limit their liability to any one or more of the following: (a) in relation to goods, replacing or repairing the goods or supplying an equivalent item, or paying the costs or replacing, repairing or hiring an equivalent item; or (b) in relation to services, the re-supply of the services or payment of the cost of having the services re-supplied.
Amendment
Sun Apartments may amend these Terms of Use including the Conditions of Sale from time to time and you agree to be bound by that variation from when it appears on this Site for any bookings made after the relevant amendment. You understand and agree that if you use the Site after the date on which the Terms of Use have changed, Sun Apartments will treat your use as acceptance of the updated Terms of Use provided that any existing bookings will be governed by the Terms of Use and Conditions of Sale at the time that booking was made.
Governing Law
The Terms of Use are governed by and interpreted according to the laws of the State of Queensland, Australia and you submit to the exclusive jurisdiction of the courts of Queensland, Australia.
Complaints and Dispute Resolution
If you have a complaint about these Terms of Use including the Conditions of Sale, please contact us at manager@sunapartments.com.au.
Accommodation Booking Terms and Conditions
Rates Policy
Rates quoted are based on the number of occupants and length of stay and any alterations to these details may affect the nightly rate charged.
Guaranteed Reservations
Online bookings require a valid credit card number to guarantee your reservation. Your card will be held as security for your reservation and utilised for any applicable cancellation or non-arrival fees. Unless an alternative valid card or accepted method of payment is provided upon check-in, this card will be used for all outstanding accommodation and ancillary costs and for any damage to the room during the stay. Advance purchase or prepaid rates will be charged at the time of booking, as marked on the rate description.
Credit Card Pre-Authorisation
Sun Apartments reserves the right to pre-authorise your credit card at the time of online booking on this Site and/or at the time of check-in, to check for validity and sufficiency of funds. The pre-authorised amount is set aside by the credit card company and may affect the available funds balance or spending limit.
Pre-authorised cards are held as security for your reservation and may be utilised by the Hotel for the same purposes set out in the Guaranteed Reservations section above.
Credit Cards
A valid credit card is required for online bookings on this Site and will also be requested from the occupant of the room when checking in. Payment via third party credit cards may be arranged by contacting the Hotel directly. Please note that guests are required to pay the confirmed charges for their reservation in full at the time of check-in at the Hotel. For guests without a credit card, photo ID will be requested and full cash payment of the confirmed charges for their reservation in full, plus a bond for ancillary costs, will be required at check-in. Bonds vary by Hotel and length of stay.
By agreeing to these terms and conditions you acknowledge that unless we come to an alternative arrangement with you or the named guest, then the credit card provided will be used for payment of all accommodation and ancillary costs charged to the room, and for any damage to the room during the stay.
Payments by Credit Card will incur a transaction fee. Current fees and the accepted list of Credit Cards is displayed on this Site at the time of booking and is also outlined in your booking confirmation email.
Payments by Cash or EFTPOS do not incur transaction fees. Guests may elect to change method of payment to Cash or EFTPOS to avoid these fees.
Please note, allowable methods of payment vary by Hotel and some Hotels do not accept payment of guest rooms by cash. Accepted methods of payment by the Hotel are specifically noted in the booking confirmation email. You may also contact the Hotel directly for confirmation of accepted methods of payment.
Cancellation
For 1 and 2 bedroom apartments you may generally cancel your reservation up to 2pm one day prior to arrival with no cancellation fee. For penthouse apartments you may generally cancel 30 days prior to arrival with no cancellation fee. For instances where the cancellation fee applies, the cancellation fee will be 50% of the total booking value.
Additional terms and conditions may apply for cancellation of advance purchase or prepaid individual rooms, group and conference & event bookings and are subject to special event block out dates.
Cancellation terms may also vary for certain special offers. Please check your booking confirmation email for details.
Check-in and Check-out
Check-in is at 3pm and check-out is at 10 am. Earlier arrival and later departure times can be arranged, subject to availability, however applicable day-use charges may also apply.
GST
GST applies to the purchase of goods and services from this Site and will be charged at the time of purchase.
Force Majeure
Each party will not be in breach of these Terms and Conditions and will not have any liability to the other party if it is prevented from complying with any of its obligations under these Terms and Conditions by reason of Force Majeure. “Force Majeure” means any act, event or circumstance beyond the reasonable control of the party affected by Force Majeure, and includes, without limitation, casualties, war, rebellion, revolution, blockades, riots, insurrection, strikes, lockouts, labour or industrial problems, civil unrest, embargoes, domestic or international disturbance, acts of terrorism, outbreak of disease, virus, pandemics or epidemics, world and/or regional health threats, loss or substantial reduction in major airline services, governmental actions or delays, fire, hurricanes, earthquakes, storms, floods, other natural catastrophes or severe weather conditions or acts of God, travel or health advisories, orders or recommendations issued by any relevant government authorities or international bodies or agencies, or damage or destruction of accommodation
In the event of Force Majeure which prevents Sun Apartments from being able to provide you with accommodation and/or related services as set out in your booking confirmation, Sun Apartments has the right to terminate your booking upon written notice and will refund any deposits paid by you.
No Re-Sale or Promotional Use
Products or services obtained from this Site (including vouchers and gift cards) may not be re-sold, on-supplied or transferred for commercial, consumer or promotional purposes, bundled with other goods and services or used for promotional purposes without Sun Apartments’s prior written consent.
Terms of Use
These Conditions of Sale form part of the Terms of Use and clauses in the Terms of Use apply in the Conditions of Sale as the context requires. If there is any contradiction between the Conditions of Sale and the Terms of Use, then the Terms of Use shall take precedence.
Privacy Policy
Sun Apartments’ Privacy Policy is available at www.sunapartments.com.au/privacy