Terms and Conditions

This Site

The Palmer Collective (the Company) operates this Site and these Terms of Use (including the Conditions of Sale) govern your use of this Site. In these Terms of Use the Hotels includes The Palmer Collective, branded hotels as well as other hotels which are operated by the Company or its related bodies corporate and accessible through 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 16 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 warrant that your use of this Site complies with all applicable laws and these Terms of Use and you unconditionally indemnify the Company for any breach of this. The Company reserves the right to deny access to this Site for any conduct that in its discretion it believes 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; or
  • Attempt to gain unauthorised access to any part of this Site.

The Company 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 the Company’s Conditions of Sale.

Privacy Policy

The Company respects your right to privacy and has policies and procedures in place to ensure that all personal information collected by the Company is handled sensitively, securely and in accordance with regulatory requirements. The Company’s Privacy Policy is available at . 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 and use by the Company of your personal information in accordance with the Company’s Privacy Policy.

Competitions

From time to time, the Company 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 the Company. The Company is not responsible for the content, nor does the Company 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 the Company 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.

Hotel Information

This Site may contain Hotel information such as Hotel facilities and food and beverage outlets which the Company understands is correct at the time of posting however is subject to change. The Company does not guarantee the accuracy of the Hotel information but will use its reasonable efforts to keep the details accurate.

Intellectual Property Rights

As between you and the Company, 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 the Company (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 the Company:

  1. 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);
  2. interfere with, or attempt to interfere with, the proper working of this Site, (including, for example, by making excessive traffic demands on this website);
  3. reproduce the Company’s trademarks or logos on another website;

Material You Upload onto Site

For any material you upload onto this Site or submit to the Company 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 the Company a perpetual, irrevocable and royalty free licence to use this material for the purposes it was provided to the Company and consent to any acts by the Company 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 the Company 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 the Company may use techniques designed to identify fraudulent activities on this Site. You agree to cooperate with such efforts as the Company in its discretion deem necessary and further agree that if you or any others acting on your behalf are suspected of fraud or any other breach of these Terms of Use, the Company may immediately terminate your right to access and use this Site.

Cookies

The Company 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.

Supply of Alcohol

Certain Hotels are licensed to serve alcoholic beverages. The Company supports the responsible service of alcohol. The Company reserves the right to check the identification of any customer who wishes to purchase alcoholic beverages at the Hotels.

Limitation of Liability

You acknowledge and agree that unless required by law, and without limiting the Australian Consumer Law or the 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 and to the extent permitted by law, you agree that the Company (including its related bodies corporate and affiliates), its directors, officers, employees and agents exclude all liability to you or any other person including for any consequential loss or damage including indirect, incidental or special damages, or loss of business or profits, which results from your use or access of this Site and the material contained on it.

Amendment

The Company may amend these Terms of Use including the Conditions of Sale from time to time in its absolute discretion and you agree to be bound by that variation from when it appears on this Site. You understand and agree that if you use the Site after the date on which the Terms of Use have changed, the Company will treat your use as acceptance of the updated Terms of Use.

Complaints and Dispute Resolution

If you have a complaint about these Terms of Use including the Conditions of Sale, please contact us at  admin@thepalmercollective.com.au

Hotel Booking Terms and Conditions

Deposit 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

Guaranteed Reservations Online bookings require a valid credit card number to guarantee your reservation. Your card will not be charged in advance, unless stated on the rate at the time of booking and will be held as security for your reservation and utilised for any applicable cancellation or non-arrival fees. Unless an alternative valid card or method of payment is provided upon check-out, this card will be used for all outstanding accommodation and ancillary costs and for any loss or 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.

Payment at check-in

A valid credit card will be requested from the occupant of the room when checking in. Payment via third party credit cards may be required by contacting the hotel directly. For travellers without a credit card, photo ID will be requested and full cash payment of accommodation plus a bond for incidental charges will be required at check-in. Bonds vary by hotel and length of stay.

Cancellation

Cancel up to 2pm 24hrs prior to arrival with no cancellation fee. Cancellation after 24hrs day prior to the day of arrival, a cancellation fee of the first night’s package price will be charged. If multiple cancellation terms at the Hotel are stated, the most restrictive requirement will be applied.

Cancellation for Existing Advanced Purchase bookings

All advance purchase or prepaid individual, group, conference & event bookings, inside their cancellation period can be adjusted to a new date or held as a deposit for a 12month period from time of booking.

  • All bookings cancelling the balance of stay while in the Hotel will have the balance of their prepaid amount held for a future stay for a 12 month period from time of booking.

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 after check-in, for any loss or damage to the room during their stay, and for any cancellation or non-arrival fees.

Kindly note that check-in is from 2pm and check-out is before 10am. 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 services from this Site and will be charged at the time of purchase.

Force Majeure

The Company will not be in breach of this Agreement and will not have any liability to you whatsoever in respect of your booking 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 Company which has a substantial impact on the Hotel and/or the tourist and/or hotel industry in the geographical market in which the Hotel operates, which act could include, 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 the Hotel.

In the event of Force Majeure the Company has the right to immediately terminate your booking at the Hotel and will refund any deposits paid by you as your sole remedy.

No Re-Sale or Promotional Use

Products or services obtained from this Site (including vouchers) 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 the Company’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.

THE PALMER COLLECTIVE

12 Palmer Street, South Townsville QLD 4810
T 07 4766 9464     E bookings@thepalmercollective.com.au    ABN 97 635 731 574