1. SCOPE OF APPLICATION
These Terms and Conditions apply to the use of the North Cove Waterfront Suites™ websites and all bookings of apartments via the reservation system of North Cove Waterfront Suites, 275 Lake St, Cairns Australia.
2. GENERAL USE OF THE NORTH COVE WATERFRONT SUITES™ WEBSITE
On the North Cove Waterfront Suites™ websites you can search for the availability and rates of hotels and rooms of your choice at dates defined by you for a specific number of travelers. North Cove Waterfront Suites™ reserves the right to discontinue its websites at any time.
- HOTEL CONTENT AND CATEGORIES
All information about the apartments and the descriptions of an apartment are based on the hotel’s own assessment. All content about an apartment that is displayed on the North Cove Waterfront Suites™ websites is provided by North Cove Waterfront Suites™. All apartments under the management of North Cove Waterfront Suites are privately owned, and as such are individually furnished and may appear different to the images seen on the website or on any content provided by North Cove Waterfront Suites. As far as displayed on the North Cove Waterfront Suites™ website the internationally used hotel classification into stars offers noncommittal information about the hotel’s standard, in consideration of self-assessment by the hotel which was provided by the hotel.
- PRICES AND TAXES
All prices displayed on the North Cove Waterfront Suites™ websites are current, and are valid for all bookings made via the reservation system of North Cove Waterfront Suites™ as described below in section 4. All prices have been provided by the North Cove Waterfront Suites™ and are dynamic – thus may be subject to change without notice.
Under Australian Law, as the apartments are privately owned, the accommodation does not include GST.
Complimentary room upgrades, late check-outs, early check-ins or the fulfilment of any other request including views as part of the North Cove Waterfront Suites™ are subject to availability. North Cove Waterfront Suites reserve the right to discontinue the offer at anytime.
Obvious errors and mistakes (including misprints) are not binding.
3. ACCOMMODATION CONTRACT AND PAYMENT
If you make a booking through North Cove Waterfront Suites’ reservation system the accommodation contract comes into effect. You pay the confirmed price directly in the hotel. Rates available and any booking made via the North Cove Waterfront Suites™ reservation system can’t be combined with other offers or promotions.
Bookings take place according to the best and currently lowest North Cove Waterfront Suites™ day price in each case. Available design hotels last-minute, seasonal, weekend or special prices will be considered automatically during the booking. Please be advised Converted rates using the website currency converter are based on an estimation of that days exchange rate.
- MAKING A BOOKING
If you want to make a booking after your availability search, you will have to fill in personal details about you and your credit card details. The credit card details are required to guarantee your booking, the charges will be made by the hotel at a time based on the rate and cancellation policy selected (e.g. non-refundable bookings will require immediate payment at the time of booking).
As soon as you receive the booking confirmation from the hotel via the Design Hotels™ reservation system, you have entered into a contract with the hotel and the booking is binding. You will receive a customer booking reference number together with the confirmation of your booking. The use of the North Cove Waterfront Suites™ reservation system is free of charge for you. Bookings are not transferable to any other person and can not be transferred or exchanged for cash or credit.
You do not have a statutory right of withdrawal from a booking as it is considered a legally binding contract.
North Cove Waterfront Suites highly recommends guests take out suitable travel insurance in the case of unexpected cancellations including events such as medical emergencies, weather events, cancelled events, change of plans, etc.
North Cove Waterfront Suites accepts no liability for any losses or damages experienced by the guest for reservations made.
In the unlikely event that North Cove Waterfront Suites cannot fulfil the reservations, a full refund will be provided to the guest (if payment has already been made) and every effort will be made by our staff to assist the guest in finding alternate suitable accommodation. North Cove Waterfront Suites will not provide any compensation for such events.
- STORING AND ACCESSIBILITY OF THE CONTRACT
We will store your booking information and the terms and conditions applicable to the booking (collectively referred to as “contract”). We also store older version of our terms and conditions. You can access your booking information also after the booking via your Design Hotels™ account.
– In case of intent or gross negligence on part of North Cove Waterfront Suites™ or by its agents, they shall be liable according to the provisions of applicable law. The same applies in case of breach of an essential contractual obligation (an obligation that must be fulfilled to enable the correct execution of the agreement and which the customer may usually trust and may trust that it will be fulfilled); however, to the extent such breach was unintentionally North Cove Waterfront Suites™ liability shall be limited to typical damages foreseeable under the contract.
– North Cove Waterfront Suites™ liability for culpable damage to life, body or health as well as our liability under the Product Liability Act shall remain unaffected.
– Any liability not expressly provided for above shall be disclaimed. Particularly North Cove Waterfront Suites™ disclaims any liability for the reproduction of this website through a third party website or access to this website obtained through a third party website or any user’s home page, which reproduction misstates or omits any of the information or limitations and conditions on the room rates and products offered through this website
7. INTELLECTUAL PROPERTY
All trademarks (including, but not limited to, the North Cove Waterfront Suites™ trade mark, reproductions of North Cove Waterfront Suites™ logo), copyright, database rights and other intellectual property rights in the materials on this website (as well as the organisation and layout of this website) together with the underlying software code are owned either directly by North Cove Waterfront Suites™ or by its licensors. Without North Cove Waterfront Suites™’ prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this website or the underlying software code whether in whole or in part. However, the contents of this website may be downloaded, printed or copied for your personal non-commercial use. The North Cove Waterfront Suites™ logo is a registered trademark and is the property of North Cove Waterfront Suites™ and may not be used or reproduced without Design Hotels™’ express written permission.
Data transfer into other data carriers, even part of it, or its use for a different purpose to the one designated here, is only permitted with the explicit permission of North Cove Waterfront Suites™, except where explicitly permitted by applicable law.
8. GOVERNING LAW AND PLACE OF JURISDICTION
All legal relation between you and North Cove Waterfront Suites™ shall exclusively be governed by the laws of Australia. If you act as a consumer and have entered into a contract while residing in another country, the application of mandatory law of such country shall not be affected by the previous sentence.
If you are a trader or an entity of public law, the competent courts in Australia shall have jurisdiction for all disputes. North Cove Waterfront Suites™ shall, however, also be entitled to sue you at your general venue.
The invalidity or unenforceability of any of these Terms and Conditions shall not affect, impair or invalidate any of the remaining terms and conditions.
The website is owned and operated by North Cove Waterfront Suites™.
The website can be used, registrations and bookings can be made and in the English language.