Terms and Conditions

 

  1. IMPORTANT
  2. Definitions
  3. Photographic Identification
  4. How To Book / Quotes and Reservations
  5. Payment
  6. Deposit and Final Payment
  7. Rates and Charges
  8. Amendments
  9. Cancellation & Refunds
  10. No-Shows or Terminations
  11. Booking Credit
  12. Check-in & Check-out
  13. Security Deposits & Photo Identification
  14. Room Allocation
  15. Hotel and Apartment Servicing
  16. Child Policy
  17. Extra Person Policy
  18. Facilities and Services
  19. Special Requests
  20. Maps and Images
  21. Gift Cards & Vouchers
  22. Unaccompanied Minors
  23. Third Party Booking Agency and Services
  24. Smoking & Pets
  25. Browns Management Rights
  26. Release, indemnity and proportionate liability
  27. Consumer Law
  28. Events Beyond Control
  29. Use of Information
  30. General

 

 

1. IMPORTANT

  1. Please read these terms and conditions carefully.
  2. All bookings made via Third Party Booking Agent or with Browns Motel directly are made subject to these Terms and Conditions and the person making the booking will be deemed to have accepted these Terms and Conditions on behalf of all persons who will be staying at Browns Motel once booking is confirmed.
  3. Bookings may also be governed by and subject to additional terms and conditions. These terms and conditions may relate to items such as payments, deposits and cancellations and you should confirm the exact conditions directly with Browns Motel before booking. If there is any inconsistency between the terms laid out here and that of the Third Party Booking Agency; these Terms and Conditions will prevail.
  4. On check-in, you will be required to sign this contract as evidence that you accept the Terms and Conditions at Browns Motel. This contract applies to yourself and others that will share the unit with you.
  5. If any part of your booking falls on a date which is classified as a Peak Season Booking date then your entire booking will be deemed a Peak Season Booking and any terms or conditions which apply to Peak Season Bookings will apply to your entire booking.

2. Definitions

  1. In these Terms and Conditions:
  2. “Child” or “Children” means a person or persons aged between 2 years and 11 years;
  3. “Infant” means a person under the age of 2 years;
  4. “Adult” means a person aged over 18 years. All ages will be determined from the date at which accommodation commenced.
  5. “Booking Credit” means credit which may be applied to future accommodation or accommodation package bookings with Browns Motel subject to clause 21.
  6. “Gift Card” means a gift card bearing the Browns At Broadbeach logo.
  7. “Third Party Booking Agent” means any of the following websites: www.booking.com www.lastminute.com, www.agoda.com, www.expedia.com, www.wotif.com or any other website selling rooms on behalf of Browns under commission.
  8. “Peak Season Booking” means a booking which is advertised as a Peak Season Booking or which you have been notified by Browns is a Peak Season Booking or which is listed on a Third Party Booking Agent as a Peak Season Booking.
  9. “Standard Booking” means a booking made outside of the Peak Season Booking.
  10. “You” and “Your” mean the person in which the name of the booking is held in.
  11. “Browns” or “Browns Motel” refers to Browns At Broadbeach being your place of booking.
  12. “Live@” bookings refers to a booking for 14 or more consecutive nights.
  13. “Guest” means person or persons occupying a room at Browns.
  14. “Australian Consumer Law” refers to any consumer law or Act.

3. Photographic Identification

  1. When you check-in you may be asked to provide photographic identification.
  2. If you are unable to provide such identification your booking may be cancelled and you may be liable to pay Browns an amount equal to the full booking amount plus any other costs incurred by Browns in connection with the booking. Accordingly, any pre-payment you have made in relation to the booking will be forfeited to Browns under this term.

4. How To Book / Quotes and Reservations

  1. Bookings can be made online via the Browns website or with Browns direct by calling 07 5539 9292.
  2. Only persons over the age of 18 can make a booking at Browns. Proof of Identification must be provided on check-in.
  3. Bookings are subject to the availability and applicable pricing at the time of the booking and some conditions and/exclusions may apply including but not limited to minimum stay requirements.
  4. Any quote given is an estimate only of price and the price will only be confirmed once a payment is made on the booking and you receive written advice from Browns that the payment has been received and the booking has been confirmed.
  5. Any confirmed price is subject to change if:
    • a payment which is due on a booking is not received by Browns by the date the payment is due;
    • there is a change in or imposition of a government charge, tax or levy which entitles or necessitates Browns changing the price of your booking or
    • 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 9 will apply.
  6. If the price of a booking is changed under clause 4.5 you may pay the new price for your booking or cancel your booking and receive a full refund.
  7. Bookings made with Browns is only confirmed when you receive written confirmation.
  8. Bookings made via a Third Party Booking Agent will not receive confirmation from Browns directly.
  9. All reservations made with Browns will require the collection of personal data including but not limited to: full name, residential address, email, contact number, credit card details. Your reservation will not be finalised and may be rejected if the information required is not collected.

5.   Payment

  1. Payments may be made by Visa, Mastercard, Debit/Eftpos and American Express , Australian Dollar, personal or bank cheques or Direct Transfer.
  2. If you pay for your booking by cheque
    • you must ensure you include the following details with your cheque:
      • Cheque to be addressed to “Browns At Broadbeach”
      • the name your booking was made under; and
      • the dates of your stay
    • you must ensure that Browns receives your cheque 5 days before the date your payment is due to allow time for your cheque to be cleared; and
    • if your cheque has not cleared prior to your scheduled date of check-in you will not be permitted to check-in unless you provide an alternative form of payment.
  3. Browns accepts no responsibility for monies paid by you to a travel agency until cleared funds are received in the bank account of Browns At Broadbeach.

 

6.   Deposit and Final Payment

  1. For all direct bookings, a non-refundable deposit of $50 (or 30% of booking value whichever the greater) per booking must be received immediately to confirm your booking and full payment is required within 24 hours of your arrival date.
  2. For Peak Season Bookings full payment must be received at least 30 days prior to your scheduled day of arrival or, if your booking is made within 30 days of your scheduled day of arrival, at the time of booking.
  3. For “Live@” bookings, the first week of your stay must be paid in advance of arrival plus an agreed Security Deposit amount of two weeks of the value of your stay. Future payments must then be made one week in advance of your stay. Any payments made in arrears may result in immediate termination of your stay.
  4. If any deposit or final payment is not received by the due date, Browns reserves the right to cancel the booking and any monies paid by you in relation to your booking will be forfeited to Browns.
  5. Once Deposit of your booking has been made; confirmation of that payment and your booking will be sent to you via email or post (as determined by the information provided at the time of booking).

7.   Rates and Charges

  1. All rates are quoted in Australian dollars.
  2. All quoted rates are subject to change at any time without notice.
  3. Discount vouchers or promotions may not be used in conjunction with an already reduced rate such as minimum night stays.
  4. Quoted rates are inclusive of all compulsory government or regulatory charges and taxes (for example GST) where applicable.
  5. Some rates which are quoted are valid only for a minimum number of nights and if the number of nights included in your booking changes the rate may also change.
  6. For information on rates for Children, Infants and extra persons, please refer to clause 16.
  7. Please contact Browns direct for further information on specific inclusions and exclusions.

8.   Amendments

  1. All amendments are subject to availability and applicable pricing at the time the amendment is requested.
  2. Amendments for Standard Bookings may be requested up to 24 hours prior to your scheduled check-in time.
  3. Amendments for Peak Season Bookings may only be requested up to 30 days prior to your scheduled check-in time.
  4. Amendments to Live@ Bookings may only be requested up to 72 hours prior to your scheduled check-in time. If you wish to extend a Live@ Booking then subject to availability the rates for the additional nights will be the same as the rest of your booking.
  5. If amendments are requested outside the time frames specified in clause 8.2 or 8.3 or 8.4 you may be charged a 100% cancellation fee in addition to the cost of your amended booking.
  6. Amendments may be requested either directly with Browns or via a Third Party Booking Agency where the original booking was made.
  7. Where the booking was made via a Third Party Booking Agency, please see their terms and conditions relating to amending bookings online.
  8. If the rate which applies to an amended booking is greater than the rate which applied to the original booking, you must pay the difference along with any amendment fees that may apply.

9.   Cancellation & Refunds

  1. If a booking is cancelled any non-refundable deposit or payment which you have paid will not be refunded and additional cancellation charges may apply under this clause 9.
  2. For Standard Off-Peak Bookings, if you cancel your booking the following charges will apply in relation to each booking:
    • Up to 14 days prior to your scheduled check-in time: a $25 cancellation fee will be deducted from any monies which you have already paid.
    • Within 14 days but up to 48 hours of your scheduled check-in time: a $50 cancellation fee will be deducted from any monies which you have already paid.
    • Within 48 hours of your scheduled check-in time: a 100% cancellation fee will apply and you will be required to pay Browns the full amount of your booking less any amount which you have already paid.
  3. For Standard Bookings, if you cancel your booking the following charges will apply in relation to each booking:
    • Up to 14 days prior to your scheduled check-in time: a $25 cancellation fee will be deducted from any monies which you have already paid.
    • Within 14 days but up to 24 hours of your scheduled check-in time: a $50 cancellation fee or the minimum deposit will be deducted from any monies which you have already paid.
    • Within 24 hours of your scheduled check-in time: a 100% cancellation fee will apply and you will be required to pay to Browns the full amount of your booking less any amount which you have already paid.
  4. For Peak Season Bookings, if you cancel your booking the following charges will apply in relation to each room you have booked:
    • Up to 30 days prior to your scheduled check-in time: a $50 cancellation fee or the minimum deposit will be deducted from any monies which you have already paid.
    • Within 30 days of your scheduled check-in time: a 100% cancellation fee will apply and you will be required to pay to Browns the full amount of your booking fee less any amount which you have already paid.
  5. For Live@ Bookings, if you cancel your booking within 72 hours of your scheduled check-in time, a cancellation fee of two nights at the applicable standard nightly rate will apply. If you decide to vacate the premises prior to the end of your next weekly cycle. No refunds will be issued for the remaining days of that week.
  6. Any cancellation fees payable by you will be deducted from any monies paid by you to Browns and if insufficient funds are available, Browns may charge the credit card details you provided at the time of making your booking.
  7. Where applicable the balance of any monies paid by you after any applicable cancellation fee has been deducted will be refunded by Browns into the same credit/debit card used to make the booking. Or in the case where cash/direct transfer payment was made instead.
  8. If your booking is made via a Third Party Booking Agent cancellation must be made directly with that agent where by their Terms & Conditions apply.

10.       No-Shows or Terminations

  1. If you do not show up for your booking or terminate your booking after you have checked in you will be charged a 100% cancellation fee and will be required to pay to Browns Motel the full amount of your booking less any amount which you have already paid.
  2. For Live@ Bookings, if you terminate your booking early and this results in your stay being less than the weekly rate you were charged no refund will be issued for the remaining nights of your booking. Should your booking be in arrears you will be required to pay the balance owing for the remaining week.

11.       Booking Credit

  1. If you are issued with Booking Credit to be applied to future accommodation
  2. To redeem Booking Credit you must make your booking via Browns directly.
  3. Any stay to be fully or partly paid for using Booking Credit must be booked and paid for in full prior to the expiry of the 12 month validity period.
  4. Any Booking Credit not redeemed at the expiry of the 12 month validity date will be forfeited in its entirety to Browns.
  5. Where bookings are made by Booking Credit that booking is considered final and no further amendments can be made to that booking.
  6. Administration fees may apply to bookings made using Booking Credit.

12.        Check-in & Check-out

  1. Standard check-in time is between 1:00pm and 6:00pm (18:00) local time. Check-in after 6:00pm will require you to notify Browns prior to arrival date in order to arrange a late check-in.
  2. Where ever possible Browns will endeavour to admit guests earlier but if you wish to guarantee your ability to check-in prior to 1:00pm you must book an additional nights stay and pay the applicable rate for that additional night.
  3. Standard check-out time is 10:00am. Check-out at 12:00 noon will be classified Late Check-out which will incur the additional cleaning charge of $50. Check-out after 12:00noon will be classified another night’s stay and you will be charged the standard nightly rate for that unit.
  4. Where ever possible Late Check-outs must be arranged with the Browns in advance of your check-in date.

13.       Security Deposits & Photo Identification

  1. You must provide a credit card authorisation or imprint when you check-in.
  2. This authorisation may be used to cover incidental items including but not limited to telephone charges, security bond or deposit for any breakages or damage incurred during your stay or cleaning charges in excess of the normal level of cleaning.
  3. For Live@ Bookings this authorisation may also be used to settle any outstanding payments owed by you in relation to your booking including payments for the balance of your booking should you vacate the premises prior to your scheduled check-out date.
  4. The pre-authorisation process validates your credit card, and protects both the cardholder and merchant from increasing fraud incidents.
  5. The pre-authorised amount is set aside by the card issuer for a period of up to 14 days from the date of pre-authorisation and the pre-authorisation will affect your available funds balance or spending limit. For more information on this practice please contact your card issuer.
  6. Once a pre-authorisation has been made, Browns cannot release, remove or lower the authorised amount, until we process the final account on departure. This is a restriction imposed by the card issuer, and cannot be negotiated.
  7. Where a credit card is not available, a minimum $200.00 cash deposit will be required on check-in. (The actual amount required may be higher in circumstances where bookings are greater than four people.)
  8. Photo Identification demonstrating your date of birth must be provided on check-in.

14.       Room Allocation

  1. In the unlikely event that Browns cannot provide accommodation for which you have booked, Browns will at no additional expense to you relocate you into an alternative property which in the reasonable opinion of Browns is of comparable quality and in a comparable location.
  2. If a property of comparable quality in a comparable location is not available, Browns may relocate you to a property of less comparable quality or less comparable location in which case Browns will pay you an amount which it reasonably believes represents the difference between the rate payable for the alternate property and the rate paid by you at Browns.
  3. Should you wish to be relocated to an alternative property other than the property chosen by Browns under this term, you will be required to pay any difference in price between the Browns and the property you have chosen.
  4. If you and Browns cannot agree on an alternative property under this clause then you may request Browns cancel your booking and issue you with a Booking Credit for the full amount of that booking less any amounts which you owe to Browns.
  5. If you and Browns cannot agree on an alternative property under this clause and you do not wish to be issued a Booking Credit then you may request that Browns cancel your booking and provide you with a refund for the full amount of that booking less any amounts which you owe to Browns.

15.       Hotel and Apartment Servicing

  1. If your booking is for a standard booking Room Service will be every second day. If additional Room Service is required this maybe requested and additional charges will apply.
  2. If your booking is a Live@ Booking, your booking does not include Room Service. Although this maybe requested at anytime at an additional charge. A full check-out service will be required upon departure which will be charged to your booking on arrival.
  3. All Room Services include, replacing bed and pillow sheets, bin lining, general tidy, vacuum, sterilization and mop. An average clean ranges from 30 – 60 minutes. Room Service DOES NOT include washing kitchen items used by you. Any additional cleaning will incur additional cleaning charges of $20 every thirty minutes in which the Cleaners are required to work past the first 60 minutes.
  4. Upon signing this contract you agree to leave the unit you occupied, in the same condition in which you acquired it in. This means all items found damaged, broken or missing upon your departure, will be charged back to you at the full replacement cost. Some of these costs include but are not limited to the following:
    • Replacement of lost/missing room keys $50.00
    • Replacement of TV/Air conditioning remote controls $50.00
  5. For conservation reasons air conditioning units must remain SWITCHED OFF when guests are not occupying the room. In the event where this is not the case, Browns Management reserves the right to enter the room in order to SWITCH OFF unattended air-conditioners.

16.       Child Policy

  1. Children and Infants sharing a room with their parents or guardians may do so free of charge if using existing beds and linen and not exceeding the maximum occupancy for the given room type.
  2. Children and Infants may not stay in any room without an Adult.
  3. Additional charges will apply if extra beds or linen (including portable bed, sofa beds or cots) are required. These are charged at the extra person rate. Extra person rates will be charged on a Room Only basis, unless otherwise stated.

17.       Extra Person Policy

  1. Persons aged over 12 years will be charged Extra Person rates for each person staying in a room which exceeds the maximum occupancy for the room type, or where extra beds or linen are required.
  2. Extra person room rates will be charged on a Room Only basis, unless otherwise stated.

18.       Facilities and Services

  1. Whilst care is taken to ensure that the description of facilities and services of the Browns is accurate, these are continually being changed, upgraded, and on occasion taken out of service and if any feature/facility is essential to you in choosing a particular property, it is your responsibility to confirm with the property prior to making your booking that the feature/facility will be available during your stay.
  2. To the extent permitted by law Browns is not liable for omissions, errors or changes to the facilities and services at a property, whether temporary or permanent.
  3. Accommodation facilities listed may not apply to all room types.

19.       Special Requests

  1. Whilst Browns attempts to satisfy all special requests, Browns does not guarantee that special requests can be accommodated

20.       Maps and Images

  1. Map images, if shown, are for general information and may not necessarily reflect actual routings, locations or services provided.
  2. Photos and floor plans are indicative only. Actual rooms occupied may vary in decor and inclusions from those shown.

21.       Gift Cards & Vouchers

  1. Gift Cards & vouchers are not refundable or redeemable for cash.
  2. Gift Cards & vouchers are valid for 12 months from the date of issue unless stated otherwise.
  3. Additional values cannot be added to an existing Browns Motel Gift Card; however, additional Gift Cards can be purchased.
  4. Gift Cards and vouchers are to be treated like cash and if they are defaced, mutilated, altered, lost or stolen they will not be replaced, refunded or redeemed.
  5. Browns does not accept any responsibility for lost or stolen Gift Cards or vouchers.
  6. If a booking is made using a Gift Card or voucher no amendments can be applied to that booking.

22.       Unaccompanied Minors

  1. All guests under the age of 18 must be accompanied by a responsible adult such as a parent, step-parent, guardian or other adult who has parental rights and responsibilities for the under 18 year old guest.
  2. If a guest is found to be a person under the age of 18 who is not accompanied by a responsible adult Browns may immediately cancel the guest's booking and the full booking amount will be forfeited to Browns under this clause.

23.       Third Party Booking Agency and Services

  1. Third party booking agency or services is sometimes sold together with accommodation provided by Browns. In such circumstances the third party is entirely responsible for supplying the products or services to you and any involvement Browns has in facilitating your booking with the third party is as the third party's agent. Browns is in no way the supplier of the products and services and to the extent permitted by law Browns is not liable for any failure by the third party to provide the products or services, nor for any act, error, omission, default or negligence of the third party.
  2. All Third Party coupons, vouchers, receipts and tickets are issued subject to the terms and conditions specified by those third parties.
  3. Browns does not warrant the accuracy of any information, statements or representations made by third parties

24.       Smoking & Pets

  1. Smoking and pets are strictly prohibited in all Browns units.
  2. All units are fitted with Smoke Detectors as a requirement to meet Australian Laws. Should these Smoke Detectors incur any vandalism or malicious damage during your stay in the Brown unit. You will incur a $200 charge to replace any single damaged Smoke Detectors and/or incur the legal fine as determined by the QLD Government.
  3. Smoking is permitted on the balconies and pool area located in the premises.
  4. Due to Health & Safety requirements any pets found in the units will result in immediate termination of this contract and/or the eviction of the guest who is responsible for that pet.

25.       Browns Management Rights

  1. Browns reserves the right to evict Guests from the premises, where by Guests are deemed, at Browns absolute discretion, to be:
    • Behaving in a manner that causes discomfort, inconvenience or harm to others on the premises;
    • Noisy, offensive or unruly;
    • Causing damage or destruction to private property;
    • Demonstrating improper or unseemly conduct;
    • Verbally or physically abusive towards the onsite Manager, staff or third party contractor.
  2. In the case where eviction occurs no refund will be issued and you may be required to pay for the costs incurred by Browns, these include but are not limited to the following:
    • The hire of a security officer to escort the offender off the property;
    • Insurance or repair costs for the damages.

26.       Release, indemnity and proportionate liability

  1. To the extent permitted by the law, you agree to release, indemnify and hold harmless, Browns 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 at Browns 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 Browns negligence, wrongful act/omission or breach of these terms and conditions.
  2. To the extent permitted by law the aggregate of Browns liability to you is limited to an amount not exceeding the amount paid by you for your booking.
  3. Each indemnity in these terms and conditions is a continuing and independent obligation and survives the termination or expiry of these terms and conditions.

27.       Consumer Law

  1. To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Browns are excluded under these Terms and Conditions.
  2. Nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or under any international consumer protection legislation, provided that, to the extent that such law permits Browns to limit its liability, then Browns’ liability is limited to:
    • in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
    • in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

28.       Events Beyond Control

  1. Browns 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.
  2. All travel documents, observance of laws and government regulations are your responsibility.

29.       Use of Information

  1. You consent and authorise Browns 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.
  2. You consent to information which you have provided to Browns as part of your booking being used by Browns, for the purpose of informing you about offers and promotions.
  3. Browns will not provide or disclose any information you have provided to Browns to any person without your prior written consent.
  4. Upon request by you and to the extent permitted or required by law, Browns will provide you with access to and/or the ability to correct your personal information however only the person who made the booking will be entitled to access and/or correct personal information pertaining to that booking.

30.       General

  1. The Terms and Conditions are governed by and will be construed in accordance with the laws of the State of Queensland, Australia.
  2. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.