The Isla Terms and Conditions
1. DEFINITIONS
1.1 In these Terms and Conditions, unless the contrary intention appears:
i) Adult means a person aged 18 years or older.
ii) The Isla means The Isla ABN 37 129 663 420.
iii) Booking means an online reservation made through www.theisla.com.au or MEWS made for the purposes of reserving a room at the Hotel.
iv) Child or Children means a person or persons aged between 2 and 11 years.
v) Gift Card means a gift card issued by The Isla for the purposes of providing a discounted Price.
vi) Hotel means The Isla located at 222 Beach Road Batehaven NSW 2536
vii) Infant means a person under the age of 2 years.
viii) Patrons means any person or persons who attend the The Isla Hotel premises.
ix) Premises means any and all parts of the Hotel which is considered the property of The Isla.
x) Price means the total money payable by You to secure a reservation at the Hotel
xi) You or Your means a person making a booking at the Hotel, a person staying at the Hotel, and any guest or Patron at the Hotel who is subject to these Terms and Conditions.
2. IMPORTANT
2.1 Please read these terms and conditions carefully.
2.2 These terms and conditions apply to any and all bookings made in relation to using, staying and visiting the Hotel, and all Patrons are subject to the Terms and Conditions set out below.
2.3 The Isla reserves the right to terminate any booking which does not comply with these Terms and Conditions, and you authorise The Isla to retain 100% of the Price in the event that You breach these Terms and Conditions.
2.4 If a person makes a booking on behalf of another person, that person is deemed to have accepted these Terms and Conditions on behalf of the other person, and the other person will be subject to these Terms and Conditions.
2.5 Any prices, fees, monetary amounts or charges which are specified or referred to in these Terms and Conditions are in Australian Dollars (AUD).
2.6 In these Terms and Conditions, the singular includes the plural and vice versa, and the construction which conveys the best meaning of the word, phrase or clause is to be applied.
2.7 If part or all of any clause of these Terms and Conditions is found to be illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable. If this is not possible, then the clause will be severed from these Terms and Conditions and the remaining clauses of these Terms and Conditions will remain valid and enforceable.
2.8 Any heading or extrinsic marketing material contained within these Terms and Conditions will have no effect on the interpretation of these Terms and Conditions.
2.9 These Terms and Conditions are governed by and will be construed in accordance with the laws of the State of New South Wales, Australia.
3. BOOKING POLICY
3.1 Bookings can only be made through the online booking system available through www.theisla.com.au.
3.2 Bookings are subject to availability and the applicable pricing at the time of the booking and some conditions/exclusions may apply, including but not limited to minimum stay requirements.
3.3 Any Price quote provided on www.theisla.com.au is only an estimate of the Price, and the actual Price will be confirmed once a payment is made for the booking, and you receive written confirmation from The Isla that the payment has been made and that the booking is confirmed.
3.4 If You reasonably believe that the written confirmation or tax invoice provided to You after making Your booking is incorrect, You may request that The Isla reissue the written confirmation or tax invoice and You may either pay any outstanding amounts payable under the reissued written confirmation or tax invoice by the due date, or opt to cancel your booking.
3.5 Prepayment of 100% of the Price is required to secure a reservation at the Hotel, and under no circumstances will a booking be confirmed by The Isla until proof of payment of 100% of the Price is received by The Isla.
4. PAYMENT
4.1 All payments for bookings must be made by VISA, Mastercard, EFTPOS or American Express through the secure payment portal located at the secure payment portal at the time of booking.
4.2 Payments for bookings may be made using Gift Cards.
4.3 The Isla accepts no responsibility for monies paid to an online travel agency until cleared funds are received by The Isla.
5. SECURITY PAYMENTS
5.1 In order to complete Your booking, You must provide The Isla with valid credit authorisation or imprint which allows The Isla to access a reasonable amount of financial funds from Your bank account.
5.2 If You fail to provide valid credit authorisation or imprint per clause 5.1, or if for any reason The Isla is unable to access or debit funds from the nominated account in accordance with these Terms and Conditions, you authorise The Isla to access or debit any required funds using the credit card details provided to pay the Price.
5.3 The pre-authorisation process will validate your credit card and protects both the cardholder and merchants from fraudulent activity.
5.4 The Isla will access funds using this authorisation in the event that You, or persons associated with Your booking, damage, harm or compromise the Premises in any way, including by smoking in or on the Premises and You authorise The Isla to deduct funds from this Bank Card in order to cover any reasonable costs incurred by The Isla as a result of any damage, harm or compromise to the Premises caused by You or any persons associated with Your booking.
5.5 You authorise The Isla to access these funds to cover incidental items including but not limited to telephone charges and cleaning charges in excess of the normal amounts which are reasonably caused by You or any persons associated with Your booking, along with any fees payable by You to The Isla which includes, but is not limited to, late check-out fees and extra person penalties.
5.6 The Isla warrants that the financial details provided under clause 5.1 of these Terms and Conditions will only be accessed for the purposes outlined in clause 5.4 and 5.5 of these Terms and Conditions.
5.7 If You are unwilling to provide the financial details required under clause 5.1 of these Terms and Conditions, You will not be permitted to make a booking at the Hotel.
6. RATES AND CHARGES
6.1 Quoted rates are inclusive of all compulsory government or regulatory charges and taxes (for example GST) where applicable.
6.2 Quoted rates do not include transport to and from the Hotel or items of a personal nature including but not limited to laundry, taxi services, telephone, travel insurance or meals unless specified by The Isla.
6.3 If a quoted rate includes meals and transport you will receive details of these inclusions in the written confirmation provided to you by The Isla after making Your booking.
7. BOOKING AMENDMENTS
7.1 All booking amendments are subject to availability and the applicable pricing associated with the booking amendment at the time the booking amendment is requested, and The Isla reserves the right to charge a booking amendment fee of $30.00 which is payable by You in the event that you request a booking amendment.
7.2 Booking amendments may be requested up to 1 week prior to Your scheduled check-in time, and The Isla may refuse and deny for any reason, a booking amendment which is requested less than 48 hours prior to checkin in time.
7.3 If booking amendments are requested outside of the time frame stipulated in clause 8.2 of these Terms and Conditions, You may be charged a 100% cancellation fee in addition to the cost of your amended booking, and any reduction in the amount payable by you in these circumstances will be at the absolute discretion of The Isla.
7.4 If the rate which applies to an amended booking is greater than the rate applied to the original booking, You must pay the difference between the original Price and the amended booking price along with any amendment fee in full at the time the amendment is approved.
8. CANCELLATION POLICY
8.1 If You cancel Your booking at the Hotel, charges may apply in accordance with the rate category under which You booked.
8.2 If You do not attend Your booking at the Hotel or terminate Your booking early after You have checked in, you will be charged a 100% cancellation fee wherein The Isla will retain the entire sum of the Price.
8.3 In order to cancel Your booking at the Hotel, You must either:
Notify our staff by contacting reservations@theisla.com.au between the hours of 8am and 6pm;
Utilise the cancellation method available through our booking system.
8.4 If You do not cancel Your booking via the methods outlined in clause 8.3 of these Terms and Conditions, The Isla will not consider Your cancellation to valid, and You authorise The Isla to retain 100% of the Price in accordance with clause 8.2 of these Terms and Conditions.
9. CHECK-IN
9.1 Standard check-in time is 2:00pm however this may vary from time to time, and You should confirm Your check-in time with The Isla prior to Your scheduled check-in day.
9.2 If You want to guarantee your ability to check-in prior to 2:00pm on Your scheduled check-in day, You must book an additional nights stay and pay the applicable Price for that additional night.
9.3 Check-in to the Hotel is completely remote, and You will be issued with a one-time check-in code via email or telephone which will allow You access to the Hotel.
9.4 If any technical difficulties arise in relation to these one-time codes, please contact our staff on 02 4415 1888.
10. CHECK-OUT
10.1 Standard check-out time is 10:00am.
10.2 If You wish to check-out after the standard check-out time of 10:00am, You must obtain approval from at least 24 hours prior to Your scheduled check-out time, and The Isla reserves the right to deny or refuse this request for any reason.
10.3 Unless you have obtained approval for a late check-out, your access code will expire at 10:00am on the day of your scheduled check-out.
10.4 If You do not check-out after a reasonable period of time has elapsed from Your scheduled check-out time, You will be charged at a rate of $100 per hour until you vacate the Hotel.
10.5 The latest possible check-out time available is 2:00pm (subject to approval for a late check-out), and you authorise The Isla to debit $100 per hour using the card details provided under clause 5 of these Terms and Conditions for each hour after 2:00pm that You do not check-out, noting that this fee of $100 will be calculated on the first minute of each hour (for example, $100 will be debited at 2:01pm AEST and another $100 would be debited at 3:01 pm AEST).
11. EVENTS BEYOND THE CONTROL OF THE ISLA
11.1 In the unlikely event that The Isla cannot provide You with the accommodation that You have booked for reasons that are beyond the control of The Isla, a full refund of the Price will be remitted to You, and You agree that upon accepting the remitted Price, You will not start or lodge any claim, suit or proceeding against The Isla on the grounds that The Isla was unable to provide You with accommodation, to the extent permitted under law.
11.2 The Isla is not responsible for any loss arising out of any occurrences or conditions beyond its control, including but not limited to acts of terrorism, acts of God, war, floods, disaster, civil disorder, theft, delay, strikes, or government regulations.
11.3 All travel documents, observance of laws and government regulations is solely Your responsibility.
12. CHILD POLICY
12.1 Children and Infants sharing a room with their parents or guardians may do so free of charge on the condition that existing beds and linen are used and the maximum occupancy of the given room type is not exceeded.
12.2 Children and Infants must not at any time be in any room without an Adult.
12.3 Additional charges will apply if extra beds or linen (including sofa beds and cots) are required, and You will be charged at a rate of $50.00 per item.
13. UNACCOMPANIED MINORS
13.1 All guests under the age of 18 must be accompanied by a responsible Adult such as a parent, guardian or other adult who has parental rights and responsibilities for the guest under the age of 18.
13.2 If a guest is found to be a person under the age of 18 and they are not accompanied by a responsible Adult, The Isla may immediately cancel the booking and retain the entire Price.
14. EXTRA PERSONS
14.1 Under no circumstances are extra persons allowed to stay in a room at the Hotel where their presence exceeds the maximum occupancy of the given room type (excluding infants).
14.2 For every person staying in a room at the Hotel whose presence exceeds the maximum occupancy of the given room type, You will be charged penalty rate of $200 per person who exceeds the maximum occupancy requirements, and you authorise The Isla to deduct the relevant funds using the details provided under clause 5.1 of these Terms and Conditions.
15. POOL POLICY
15.1 All Patrons must at all times conduct themselves in a safe and considerate manner as to ensure signposted pool safety measures and other Hotel policies as notified from time to time are adhered to at all times.
15.2 Children and Infants must at all times remain under the close supervision of an Adult whilst within the designated pool area.
16. TREATMENT OF COMMON AREA
16.1 All Patrons who attend the common areas of the Hotel, which includes but is not limited to the foyer, common lounge room and vending machine room, must conduct themselves in an orderly and proper manner, having regard for other Patrons and the state and condition of the Premises.
16.2 Patrons must not at any time cut, kick, punch or otherwise damage any property of The Isla contained within common areas, and Patrons will be liable for any loss or damage arising from such behaviour in common areas.
16.3 If there are any issues with any of The Isla’s property in the common areas of the Hotel, Patrons must not unreasonably attempt to fix, mend or otherwise alter the ordinary state and condition of The Isla’s property, and will instead notify our staff by emailing reservations@theisla.com.au.
17. SPECIAL REQUESTS AND MINI BAR
17.1 Whilst The Isla attempts to satisfy all special requests, The Isla does not guarantee any special requests will be granted.
17.2 No mini bar services will be provided at the Hotel. Please see our Cantina for items you can purchase from our carefully curated vending machines. Please note that use of the vending machines is reserved for adults only, and no persons under 18 years are permitted to purchase items from the vending machines.
18. GIFT CARDS
18.1 Gift cards are not refundable and not redeemable for cash.
18.2 The maximum period for which a Gift Card will be valid is 12 months from the date of issue.
18.3 The Isla does not accept responsibility or liability for stolen or lost Gift Cards.
18.4 Additional values will not be added to existing Gift Cards, however additional Gift Cards can be purchased.
18.5 Gift Cards are to be treated like cash, and The Isla reserves the right not to accept Gift Cards if they are unreasonably defaced, altered, or mutilated and The Isla will not replace, refund or redeem lost or stolen Gift Cards
19. INDEMNITY
19.1 To the extent permitted by law, You agree to release and indemnify The Isla and its current and former employees, officers, contractors/sub-contractors (including their respective employees and contractors) and agents against, from and in respect to any and all expenses, costs, liabilities, claims, actions, proceedings, damages and losses whatsoever (including but not limited to property loss/damage, consequential and economic losses, damages for injury including personal injury and death) arising out of, caused by, or attributable to Your booking or Your stay at the Hotel except to the extent that such expense, cost, liability, claim, action, proceeding, damage and loss arose out of, was caused by, or is attributable to, The Isla’s negligence, wrongful act/omission or breach of these Terms and Conditions.
19.2 Each indemnity in these Terms and Conditions is a continuing and independent obligation which survives the termination and expiry of these Terms and Conditions.
20. CONSUMER PROTECTIONS
20.1 To the extent permitted by law, all warranties, conditions, guarantees, rights, remedies, liabilities and other terms expressed or implied by statute, common law or equity that impose any liability or obligation on The Isla are excluded from the Terms and Conditions.
20.2 Nothing within these Terms and Conditions restricts, modifies or excludes the application of any provision, the exercise of a right or remedy, or the imposition of liability under the Australian Consumer Law.
21. SMOKING
21.1 The Isla is strictly a non-smoking Hotel. Should You, or persons associated with Your booking, smoke in the Premises, we must charge a $250 AUD smoking fee to your card, plus taxes.
The Isla Privacy Policy
Please read this Privacy Policy carefully.
This Privacy Policy applies to the collection, storage, use and disclosure of Personal Information by or on behalf of The Isla ABN 37 129 663 420 (‘The Isla') or any other related entity.
We are committed to protecting your personal information and ensuring your privacy. We handle all personal information in accordance with the Privacy Act 1988 (‘Act’) and the Australian Privacy Principles (‘Principles’).
You are not required to provide us with your personal information, however refusal to provide this information may result in The Isla refusing to conduct business with you.
By using any of our products or services, which includes but is not limited to visiting our website and giving us your personal information, you agree to your information being collected, used, stored and disclosed in accordance with this Privacy Policy.
What is personal information?
For the purposes of this Privacy Policy, unless the contrary intention appears:
Personal information means any information or opinion about an identifiable individual, or an individual who is reasonably identifiable, whether true or not, and whether or not recorded in material form. Personal information may also include one or both of the following, as defined in the Act: ‘credit information’ and ‘credit eligibility information’.
Sensitive information means a type of personal information and it has the same meaning as in the Act. This definition states that it means information or an opinion about an individual’s race or ethnic origins, political opinions and associations, religious beliefs or affiliation, philosophical beliefs, sexual preferences or practices, trade or professional associations and memberships, union membership, criminal record, health or genetic information or biometric information.
Collection of personal information
The collection of personal information
We reserve the right to collect personal information from a variety of sources, including from you, business partners and government agencies, contractors and recruitment agencies. For example, we may collect your personal information when you:
a) request or acquire a service from The Isla. For example, guests who use our booking platform to reserve hotel accommodation;
b) provide a service or product to The Isla;
c) apply for employment with us; or
d) communicate with The Isla via our website, by email or by telephone or in writing.
As far as is reasonably practicable, The Isla will collect personal information from the individual to which the information pertains. If you provide personal information about someone other than yourself, you acknowledge and warrant that you have that person’s consent to provide that information to The Isla for the purpose for which you provide it. You also warrant that you have informed that person about this Privacy Policy and where to locate it.
We may also collect personal information from other people and organisations. For example, if guests reserve hotel accommodation through travel agents or agents providing a similar service, and third party accommodation reservation websites and platforms.
What personal information does The Isla collect and hold?
The personal information collected and held by The Isla includes:
a) addresses, names, email addresses, phone numbers, other contact details, payment details including credit card information, accommodation preferences, guest identification, occupation details and other information which can assist us when conducting our business or for marketing our products. This may include personal information collected from guests who reserve and utilise The Isla’s hotel accommodation or related facilities;
b) credit information, repayment history information, the type and amount of credit, information regarding court proceedings, default information, personal insolvency information, any credit worthiness information in the public domain and any other personal information pertaining to an individuals credit worthiness, which includes but is not limited to credit scores and ratings;
c) information regarding staff and directors which is required for the normal course and operation of The Isla. For example, information regarding employment history and bank details for PAYG purposes;
d) information about current and previous Isla suppliers and clients with whom The Isla has dealt.
We will only collect your sensitive information where you authorise us to do so or where required or permitted by law. We may seek to collect such information in the event we require limited health information, such as to ascertain the dietary requirements of guests.
Whose personal information is collected?
We will only collect personal information using fair and lawful means, and we usually collect personal information from the following classes of people:
a) guests making reservations for accommodation at the The Isla Hotel;
b) individuals or entities engaging in electronic communications with The Isla;
c) the booking portal on the website;
d) third parties – for example travel agents and recruitment agencies
Why do we collect personal information?
The Isla requires personal information in order to provide relevant information to guests about our products and services upon request. It is also necessary to inform The Isla’s marketing strategies, and inform prospective guests of the products and service which may interest them. By obtaining personal information in accordance with this Privacy Policy, The Isla can continue to improve these products and services and conduct the business in manner which complies with all relevant legal and regulatory obligations. If you do not provide The Isla with your personal information, we may not be able to fulfill these obligations, and reserve the right to not conduct business with you on these grounds.
Acquisition of unsolicited personal information
If at any time The Isla acquires unsolicited personal information which could not have been lawfully acquired under the Principles had we requested it, this information will be destroyed as soon as reasonably practicable if it is lawful to do so.
Use of personal information
The Isla will only use the personal information for the purpose and related purposes for which it was provided, and where required or permitted by law. These purposes include:
a) for the ordinary course of conducting the business of The Isla. This may include providing products and services to customers and guests, responding to enquiries and supplying marketing information about any products and services which may be of interest to prospective guests;
b) research related to markets, products, and service development which seeks to enable The Isla to tailor and amend its services to ensure guest experiences are enhanced and optimised
c) performing general administration tasks and duties, including but not limited to invoicing and account management, credit and risk management, payment processing, training and quality assurance;
d) employment related purposes, such as to employ and recruit staff;
e) to sell any part of The Isla should The Isla choose to do so; and
f) any other purposes related to or in connection with the business of The Isla, and this includes meeting any legal or contractual obligations which The Isla may have.
Disclosure of personal information
The Isla may disclose your personal information to third parties in the following circumstances, and you consent to The Isla disclosing such information:
a) where such parties are engaged by The Isla to provide products and services, and this includes but is not limited to research and marketing purposes, debt collection, payment processing information and database management;
b) where such parties are The Isla’s business partners, agents or joint ventures;
c) where such parties must facilitate the sale of all or part of The Isla;
d) where such disclosure is required for the purposes of The Isla and/or any of its related entities to inform legal proceedings;
e) as required or permitted by law.
We reserve the right to use and disclose your personal information in order to market our products to you, and to provide you with personalised information about our services. We will not use or disclose any sensitive information in these circumstances. If you wish to opt out of these promotional materials, you may unsubscribe by clicking the ‘Unsubscribe’ button or contacting us via email.
Any sensitive information which is collected by The Isla will only be used or disclosed;
a) for the purposes for which it was collected;
b) where you provide consent to use and disclose the sensitive information; or
c) as required or permitted by law
Complaints
The Isla takes all complaints seriously and is committed to resolving all issues regarding alleged breaches of privacy. We will review all complaints that are received and respond promptly. All complaints should be directed to reservations@theisla.com.au and we ask that when lodging a complaint, you outline the particulars of your claim, along with all supporting evidence.
Amendments to the Privacy Policy
We reserve the right to amend this Privacy Policy from time to time, and amendments will often follow periodic reviews conducted by The Isla. If you use the website, products or services provided by The Isla or provide further personal or sensitive information, this will constitute an acceptance of the revised Privacy Policy.
Contact us
If you have any queries regarding this Privacy Policy, please contact our staff on info@theisla.com.au.