These Customer Terms and Conditions apply to all customer, business and charity memberships on betterhotelroom.com and associated mobile and web sites (the betterhotelroom.com sites), and to the purchase and use of all hotel rooms and products and services on the betterhotelroom.com sites. The customer, business or charity acknowledges and accepts that by registering a membership on the betterhotelroom.com web sites, or by the purchase or use of hotel rooms and products and services on the betterhotelroom.com web sites that the customer, business or charity acknowledges, accepts and agrees irrevocably to these terms and conditions.
Definitions
“Affiliates” means a 3rd party person or entity which has a business or other relationship with BHR.
“Customer” means you, your business, the business you represent or the charity you represent.
“Hotel” means Hotel proprietor or supplier of hotel rooms, or provider or operator of accommodation, or persons or entities authorized to act on their behalf as a provider, agent, operator, manager, or by other arrangement, or a party to the agreement with you.
“Hotel rooms” means rooms located within a hotel which may from time to time be available to be sold and or booked on the BHR web site/s.
“Us” “We” “Our” “BHR” means Better Hotel Rooms Pty Ltd ACN 607 694 397 trading as the web sites betterhotelroom.com and any other hotel or booking site operated by Better Hotel Rooms Pty Ltd
“Web Site/s” means the web sites accessible through the URLs betterhotelroom.com and any other URL owned or operated by BHR.
Operative Terms
You warrant that you are at least 18 years of age. BHR does not offer to facilitate any services on the web site’s to persons who, at the time of the services offered, are less than 18 years of age.
Our terms and conditions, as may be amended from time to time, apply to the services provided by BHR either directly, or indirectly whether through our distributers, suppliers, affiliates, or any other association between BHR and services provided by a 3rd party. Our terms and conditions, as may be amended from time to time, apply online through websites, mobile devices, emails and other electronic methods of supply. By accessing the services we facilitate through any type of platform, you acknowledge that you have read our terms and conditions and have agreed irrevocably to our terms and conditions.
BHR offers to our customers, and to you, through our on-line/online booking platforms and web site/s, a booking system for reserving booking and paying for hotel and other accommodation with 3rd parties and affiliates. Hotels displayed on our web site/s are provided by a 3rd party or affiliate. By making a booking or reservation with a hotel on our web sites you agree that you have entered into a direct legally binding contractual relationship with the hotel or affiliate or 3rd party, and not with BHR. You agree that BHR role is limited to facilitating and assisting you the customer in identifying and selecting the hotel you wish to book. By booking or reserving a Hotel on the BHR web site/s you agree that there is no contractual or any other relationship between you and BHR. You agree that BHR has facilitated the transaction and agreement between you and the hotel, but has no legal interest in the agreement between you and the hotel, or in the services and or accommodation or room/s provided by the hotel to you. At the time that you book a hotel or service, BHR acts as a facilitator between you and the hotel and will send you a confirmation email on behalf of the hotel.
You agree that all information provided on the web site/s is based on the information provided by a hotel to BHR. BHR uses its best endeavors to ensure that the information provided by hotels to us is correct. However, you agree that when using the booking service on the Web Site/s you indemnify BHR with regard to any claim whether in tort or contract or for loss of profits in relation to the booking agreement between you and the hotel, 3rd party or affiliate, and or in relation to the booking or services provided to you by a hotel the 3rd party or affiliate.
Indemnity
You, the customer irrevocably agrees to indemnify BHR, or servants and agents, or its employees, 3rd parties and affiliates in relation to:
- Any express or implied breach of the agreement between you and the hotel
- Any errors in relation to information provided on the web site/s by the Hotel and or BHR
- Any breach by you in relation to intellectual property rights
- Any loss or damage or injury, or loss of life
- Any quiet enjoyment in relation to the rooms and services provided to you the customer by the Hotel
- The use of the BHR web site/s
- Any other regulatory breach in relation to the hotel
Limited Liability
To the extent to which any liability may lie against BHR under the Competition and Consumer Act 2010, or under State or Territory consumer legislation in relation to services facilitated by BHR, liability against BHR is limited to the cost of supplying the services again or to paying the cost of providing the services again. You further agree the aggregate cap on liability for any action against BHR is limited to $200 Australian dollars.
Legal Relationship
Nothing in this agreement means that there is a relationship or partnership or joint venture between BHR and the Hotel and or Hotel proprietor.
You, the customer agree that:
- You will not reproduce copy or publish any information or images on the web site/s without first obtaining permission from BHR
- You will not use an electronic robot or spider to access the web site/s
- You will not attempt to modify, adapt edit translate or copy any part of the web site/s without first obtaining permission in writing from BHR
You agree that any action taken against BHR is subject to the laws of the Australian Capital Territory, and that any claim or action can only be commenced in the Australian Capital Territory.
You agree that these terms are the entire terms and condition and that any oral representation by BHR or any other party or affiliate do not form part of this agreement.
You agree that we may vary the terms and conditions at any time without notice to you.
You agree that you assume all risks in relation to the use of the web site/s including the use of any information provided within the web site/s and in relation to any agreement between you and a hotel or 3rd party or an affiliate in relation to services offered by hotels on the web site/s.
