Terms and Conditions

Booking Terms of Conditions of Tolarno Hotel St Kilda (“Tolarno Hotel”) (“the Booking Terms”)

Acceptance of Terms

By booking at stay with Tolarno Hotel you signify you have read, understood and agree to be bound by these Booking Terms.

Bookings and Payments

All bookings are made subject to availability. We do not require pre-payment in order to secure your booking. We require a cash bond upon check in in the amount of $200. This cash bond is refunded once our staff have completed their room inspection. Please see “Damages” for further information. We reserve our right to release a booking without prior notice if full payment or bond is not received at the time of check in.

All rates are quoted in Australia dollars (AUD) and include 10% Good and Services tax (GST). Rates are subject to change at any time without notice. Any changes to our rates made after you are in receipt of your booking confirmation will not affect your booking. Any verbal or online quotes are given as an estimate only.

10% Surcharge on all Credit Cards apply.

Cancellations

The guest can cancel free of charge until 1 day before arrival. The guest will be charged the total price of the reservation if they cancel within 1 day before arrival.

No prepayment is needed.

Check in and Check out

You are entitled to arrive and check in to your booking between the hours of 14.00 pm and 17.00 pm on the date of check in. Arrivals after 17.00 pm must be organised with and are subject to prior consent of management.

You must check out of your booking by 11.00 am on the date of check out. Any departure after 11.00 am may be organised subject to the prior approval of management. Additional fees may apply at the discretion of management.

Numbers of Guests

The number of guests during your stay must not exceed the total number booked. Additional guests may be permitted on the premises until 10.00 pm. Subject to the prior consent of management.

Smoking

Smoking is strictly prohibited inside Tolarno Hotel and rooms. Smoking is permitted on the Balcony Rooms ONLY. The balcony door must be closed. Please ask our concierge to show you designated smoking areas, if required, upon arrival.

Travel Insurance

We reserve the right not to provide exemptions from its cancellation policy for medical or personal matters, inclement weather, or other circumstances. We strongly recommend you purchase adequate travel insurance prior to confirmation and acceptance of these Booking Terms and our Cancellation Policy.

Minimum Age

There must be at least one (1) guest over the age of eighteen (18), with a valid credit card in their name, present at the time of check in. This guest must be holding the payment for the booking against this credit card.

Damages

Any damage to the property or damage to items within Tolarno Hotel or it’s surrounds must be reported to management at the time of damage. After your booking, inspections are conducted to the property to identify evidence of damage or theft. We reserve our right to charge you for any damage to the property or theft of property during your stay.

If any damage to the property or theft of property is identified after your stay, you will be notified of such damage in writing and we will issue an invoice addressed to you for repair or replacement costs. You must attend to payment of the invoice within fourteen (14) days from the date received.

Limitation of Liability and Indemnity

To the full extent permitted by any applicable law, we:

• disclaim all representation or warranties, express implied, not expressly set out in these Booking Terms;
• make no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of Tolarno Hotel, or any goods or services requested throughout your stay, or that any event using Tolarno Hotel will be uninterrupted or error free.

We shall not be liable for any indirect, incidental, special, exemplary, equitable, punitive or consequential damages, including for lost profits, lost data, personal injury or property damage related to or in connection with or otherwise resulting from your use of, access to or inability to access or use the property, regardless of any negligence (either by act or omission) by us or by our agents, employees or representatives, even if we have been advised of the possibility of such damages.

You acknowledge and agree that we will not be liable to you for any claim, liability, loss, damages, costs or expenses, whether direct, indirect or consequential:

• for any delay in providing you with any service at Tolarno Hotel;
• if we are unable to provide you or satisfy any request for use of Tolarno Hotel, whether or not you have a booking.

You acknowledge and agree that you will indemnify us against any claims, liability, loss, damages, costs or expenses (including legal costs) in connection with the use of Tolarno Hotel and/or as a result of or in connection with any breaches by you of these Terms and Conditions.

Website Usage Terms and Conditions of Tolarno Hotel (“the Terms”)

About the Website

Welcome to www.tolarnostkilda.com.au (“the Website”).

The Website is operated by management of Tolarno Hotel and it’s authorised agents. Please read these terms and conditions (the ‘Terms’) carefully.

We reserve the right to review and change any of the Terms by updating this page at its sole discretion. When we update the Terms, we will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

Acceptance of Terms

By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by the Tolarno Hotel interface.

Copyright and Intellectual Property

The Website, the content and all of the related products of Tolarno Hotel are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Tolarno Hotel or its contributors.

Tolarno Hotel retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

• business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or

• a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or

• a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written permission of Tolarno Hotel and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

Privacy

Tolarno Hotel takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Tolarno Hotel ’s Privacy Policy, which is available on the Website.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

• all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

• Tolarno Hotel will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

• Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Tolarno Hotel make any express or implied representation or warranty about the content or any products or content (including the products or content of Tolarno Hotel ) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

i. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

ii. the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);

iii. costs incurred as a result of you using the Website, the content or any of the products of Tolarno Hotel; and

iv. the content or operation in respect to links which are provided for your convenience.

Limitation of liability

Certain statutory warranties under the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”) will be implied for the benefit of consumers. Nothing in these Terms are intended to exclude or restrict the application of the ACL. Tolarno Hotel does not, however, give any guarantee or warranties or make any representation with respect to use of the Website outside of these laws.

Subject to claims that may be made under the ACL:

• Tolarno Hotel is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential, economic or any other kind of loss) however caused, even if foreseeable, and which is suffered directly or indirectly in connection with your use or inability to use the Website.

• Tolarno Hotel is not liable for disruptions to the Website.

• Tolarno Hotel is not liable to you or anyone else if interference with or damage to your computer system occurs in connection with use of this Website or any Linked Sites. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

Termination of Contract

You acknowledge and agree that these Terms and your access to this Website may be terminated at any time by us without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. All clauses in these Terms which are stated or intended to continue after termination will continue to apply. Tolarno Hotel will not be liable to you or any third party for any termination of your access to the Website

Indemnity

You agree to indemnify Tolarno Hotel, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with, directly or indirectly, your use of the use of the Website and/or breach of these Terms.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Changes to these Terms

We reserve the right to change these Terms at any time. The current version of the Terms will always be posted on this Website and will cancel and replace any previous version(s). By continuing to use this Website after the posting of such changes, you agree to be bound by the changes.

Contact Information

If you have any concerns about material that appears on the Website, please contact Tolarno Hotel in accordance with the details set out below.

Tolarno Hotel St Kilda
Address: 42 Fitzroy Street, St Kilda, VIC 3182
Telephone: +61 03 9537 0200
Email: info@tolarnohotel.com.au