This hotel reservation service is powered by Rates To Go for Last Minute Hotels (http://www.ratestogo.com).
By booking accommodation online through Rates To Go you agree to the following terms and conditions:
1. USE OF THIS SITE. Rates To Go grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. This site and the content provided in this site, including the text, graphics, button icons, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Rates To Go, and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You may not use any "robot", "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of Rates To Go. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that Rates To Go deems in its sole discretion to be unreasonable or disproportionate to the benefits Rates To Go obtains from your use of the site.
2. COPYRIGHT. Rates To Go is a division of HotelClub (ABN 85 092 445 442). You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the logo or content of this site in any way, including in advertising or publicity pertaining to distribution of materials of this site, without the prior written consent from Rates To Go.
3. AGE AND RESPONSIBILITY. You represent that you are of legal age (18)
to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all use of this website.
4. PRIVACY. You have read the Rates To Go Privacy and Security Policy, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Rates To Go and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Rates To Go Privacy and Security Policy.
5. INVENTORY CONTROL. Rates To Go sells hotel accommodation from inventory supplied directly by each hotel, and therefore cannot be held responsible for over-selling inventory. Rates To Go does not accept any liability for unavailability of rooms caused by the hotel over-selling the hotel's own room inventory.
6. HOTEL INFORMATION. Rates To Go makes its best efforts to ensure that all the information that appears on its website is accurate. However, Rates To Go does not accept liability for any errors and/or omissions and reserves the right to change the information published at any time and without notice. All hotel information that is published on this website is supplied directly by each participating hotel and is subject to change without notice. Rates To Go has made every effort to ensure that hotels are described as accurately as possible. However, Rates To Go cannot accept responsibility for facilities, which are temporarily not available, are under renovation or not suited to individual tastes and preferences. Redecoration and maintenance is necessary to the upkeep of the hotel and may take place without prior warning, whilst the hotelier or supplier will endeavour to keep inconvenience to a minimum. The effects of normal wear and tear can be expected in a hotel and these are beyond our control. Rates To Go does not accept responsibility for any disturbance or inconvenience to the client beyond their control nor for accidents in a hotel or loss caused by hotel management or staff.
7. LIMITATION OF LIABILITY. Rates To Go assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text or images from the site. In no event shall Rates To Go or any third party providers or distributors be liable for any injury, loss, claim, damage, or
any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this site for reservations or ticketing), or (iii) the performance or non performance by Rates To Go or any third party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party.
8. INDEMNIFICATION. You shall defend and indemnify Rates To Go and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.
9. RELATIONSHIP. The relationship between Rates To Go and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
10. GOVERNING LAW. The laws of the state of New South Wales, Australia, without regard to its conflict of laws provisions, shall govern this Agreement and its performance. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of New South Wales, Australia, in all questions and controversies arising out of your use of this site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within two (2) years from the date on which such claim or action arose or accrued.
11. ATTORNEY'S FEES. If Rates To Go or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
12. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Rates To Go as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Rates To Go shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions
by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Rates To Go in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
13. TERMINATION. Rates To Go may terminate this Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Rates To Go and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Rates To Go and its third party providers or distributors, as applicable.
14. MODIFICATION. Rates To Go may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use. Additional terms and conditions may apply to reservations, and other uses of portions of this site, and you agree to abide by such other terms and conditions.
15. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
16. ENTIRE AGREEMENT. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
Unauthorised use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
If, notwithstanding the foregoing, Rates To Go or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of Rates To Go and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site, or (b) USD 100.00. In its sole discretion, in addition to any other rights or remedies available to Rates To Go and without any liability whatsoever, Rates To Go at any time and without notice may terminate or restrict your access to any component of this site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
