Welcome to Eco Beach Wilderness Retreat
Eco Beach Wilderness Retreat, Broome provides its services to you at its website at www.ecobeach.com.au (‘Website’) subject to the terms set out in these Terms and Conditions (‘this Agreement’). This Agreement forms part of and should be read in conjunction with Eco Beach Wilderness Retreat’s ‘Privacy Policy’ and Reservation Form found at the Website.
By using the Website you agree, without limitation or qualification to all of the terms set out in this Agreement, the Reservation Form and the Privacy Policy.
Eco Beach Wilderness Retreat reserves the right to change from time to time any of the terms in this Agreement by general notice on the Website, and by using the Website you agree in advance to accept such changes. This Agreement may not be otherwise amended.
Patrons wanting to dine with Jacks Bar & Restaurant, will be required to sign in using the ServiceWA app and provide proof of Vaccination. Please respect all our team when asked to do so.
Services
Eco Beach Wilderness Retreat Broome provides a membership and reservation service at its Website allowing you to reserve a room at Eco Beach Wilderness Retreat Broome subject to availability and other terms and conditions set out in this Agreement and to provide offers or promotions (“Promotions”) on the Website (“Service”).
You acknowledge that the Service provided to you is not fault free and relies on factors outside the control of Eco Beach Wilderness Retreat. The Service is provided to you at such times and by such means as Eco Beach Wilderness Retreat decides from time to time.
Registration Obligations
By Eco Beach Wilderness Retreat providing the Service to you, you agree to provide accurate and up to date information as requested and keep that information up to date and accurate.
Rates & Activities
All room rates set out on the Website (‘Rates’) are per room per night based on single or double occupancy, unless otherwise stated. All Rates are inclusive of the Australian Goods and Services Tax (GST). Rates on special Promotions and hotel packages are subject to limited availability and may not be available every night. In addition, these rates may not be applicable in conjunction with other promotions, group or conference bookings. Please consult Eco Beach Wilderness Retreat Reservation Department for further clarification.
The Rates may increase without notice due to changes in, or imposition of new government charges, taxes or levies. The Rates are subject to changes without notice. The Rates only apply to reservations made at the Website.
Eco Beach Wilderness Retreat reserve the right to vary prices of activities in the event of changes in exchange rates or price rises made by wholesalers or other suppliers. If the cost of any service increases due to exchange rate fluctuations, price increases, tax changes or any other reason, you are required to pay the increase when notified by us or you may cancel the booking which may result in cancellation fees. We are not liable in any way if any increase occurs. Rates quoted are appropriate to the particular product at the time of quoting and these rates may change prior to the travel date. All prices are subject to availability and can be withdrawn or varied without notice.
Guarantee Reservation and Cancellation Policy
Once your reservation is confirmed your credit card will be used as a form of guarantee for the reservation. Any cancellation will need to be received by Eco Beach Wilderness Retreat before 6:00pm Western Australian Standard Time 7 days or more prior to the day of arrival for a full refund less any credit card surcharge. Failure to do so may result in a penalty charge processed through to your credit card to the value equal to 1 night’s room rate. Subject to Eco Beach Wilderness Retreat occupancy, reservations cancelled on the day of expected arrival may incur a cancellation fee.
50% deposit is required at the time of booking. 100% of booking is required 7 days prior to arrival. We accept Visa, Mastercard, AMEX and Direct Deposit. Visa & Mastercard will incur a 1.6% credit card surcharge, AMEX a 2.05%. (Subject to change at any time). Additional terms apply to groups of 10 Rooms or more. Eco Beach Wilderness Retreat reserves the right to cancel any bookings that do not meet our payment terms.
Promotions
Eco Beach Wilderness Retreat may make information regarding Promotions available on the Website. The Promotions are subject to any specific terms and conditions set out in each Promotion in addition to the terms and conditions set out in this Agreement. Eco Beach Wilderness Retreat reserves the right to change, modify or withdraw any Promotion at any time.
Prohibited Use
By using the Service you agree that you shall not: a. use the Website for a purpose that is unlawful or prohibited under this Agreement; b. disrupt or interfere with the Service or servers or networks connected to the Service; c. use any information for commercial reasons; and d. modify, copy, transmit, display, reproduce, publish, create derivative works from, transfer or sell any information on the Website.
Suspension of Service
Eco Beach Wilderness Retreat may from time to time without notice modify, discontinue or suspend the Service and you acknowledge that the Eco Beach Wilderness Retreat will not be liable for any suspension, modification, discontinuance or termination of the Service at any time and for any reason whatsoever.
Changes to the Service
You acknowledge that Eco Beach Wilderness Retreat reserves the right to change or modify the products, services and programs described at the Website at any time without notice and without liability.
Limitations on Liability
You acknowledge that:
Eco Beach Wilderness Retreat or its suppliers are not liable to you or any other person for any cost, loss or liability (including loss or profit or other consequential damage) arising out of or in connection with the provision of the Service, any information or material issued on the Website or for any other matter arising out of or in connection with this Agreement;
Eco Beach Wilderness Retreat provides the Service on an “as is” basis and without any warranty or condition expressed or implied. To the extent permitted by law, the Eco Beach Wilderness Retreat and its suppliers disclaim all implied warranties and conditions, including without limitation implied warranties and conditions on title, merchantability, fitness for a particular purpose and non-infringement; and
the following applies if the Australian Trade Practices Act 1974 applies to you. Where any legislation implies any term or warranty that cannot be excluded, then that implied term or warranty will be deemed to be included. However, Eco Beach Wilderness Retreat’s liability for any breach of such implied term or warranty will be limited where so permitted to:
if the breach relates to goods:
the replacement of the goods; or
the repair of such goods; or
the payment of the costs or replacing the goods; or
the payment of the costs of repairing the goods; and
if the breach relates to services:
the supplying of those services again; or
the payment of the costs of having those services supplied again.
Indemnity
You agree to indemnify Eco Beach Wilderness Retreat and its affiliates, officers, employees, and agents harmless from any claim or demand made by any third party arising out of or in connection with your breach of this Agreement.
Links
The Service may provide links to other websites. As Eco Beach Wilderness Retreat has no control over the linked website, you acknowledge that Eco Beach Wilderness Retreat is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with reliance on such information or material contained on the linked website.
Copyright
The material used and displayed on the Website for the provision of the Service including but not limited to text, software, photographs, graphics, illustrations and artwork of video, music, sound and names, logos/trademarks are the property of the Eco Beach Wilderness Retreat or its licensors and are protected under copyright and other laws and you agree not to use such materials without Eco Beach Wilderness Retreat’s prior written consent.
Assignment
You cannot assign your rights under this Agreement or any other agreement with Eco Beach Wilderness Retreat without the prior written consent of Eco Beach Wilderness Retreat.
Governing Law
This Agreement is governed by the laws of Western Australian and the parties submit to the jurisdiction of the Western Australia Courts.
No Agency
You and Eco Beach Wilderness Retreat are independent contractors and no agency, partnership, joint venture or employee-employer or any other relationship is intended or created by this Agreement.
Entire Agreement
This Agreement, the Reservation Form and the Privacy Policy sets out the entire understanding and agreement between us.
Failure to Act
The failure by Eco Beach Wilderness Retreat to act with respect to a breach by you or others does not waive Eco Beach Wilderness Retreat rights to act with respect to any other breaches.
No Guarantee
Eco Beach Wilderness Retreat does not guarantee continuous and uninterrupted access to the Services and operation of the Website due to numerous factors which may occur outside Eco Beach Wilderness Retreat’s control.