1. Let’s get started!

1.1 We, Broadbeach Luxury Stays Pty Ltd (ACN 641 118 381) Broadbeach Luxury Stays, we, us, our), connect travellers with luxury accommodation (our Listings) including providing information to assist with your accommodation selection, facilitating reservations and payments (collectively, we’ll call this our Services).

1.2 These Terms and Conditions (we’ll call them Terms) govern the relationship between Broadbeach Luxury Stays and any individual using or accessing our website https://www.broadbeachluxurystays.com.au (Site), and any of the Services available through it as a traveller or prospective traveller (You or Your).

1.3 We own and operate our Site. We encourage you to please read these Terms and our Privacy Policy very carefully.

1.4 We’ve done our best to make these Terms as easy as possible for you to read, but if you don’t understand anything or have any questions about our Terms, feel free to reach out to us at our contact details we’ve included below.

2. Acceptance

2.1 The Terms comprise a legally binding agreement between You and Broadbeach Luxury Stays. By using or accessing the Site, our platforms or systems, or by making a Booking with us, You acknowledge that You agree to and are subject to the Terms.

2.2 We can amend these Terms at any time, by providing written notice to You. By clicking “I accept” or continuing to use our Site after the notice or 30 days after notification (whichever date is earlier), You agree to the amended Terms. If You do not agree to the amendment, You may terminate these Terms in accordance with the ‘Termination’ clause below.

3. Minimum Age

3.1 Our Services are provided to adults over the age of twenty one (21) years. By making a Booking with us, You acknowledge that You are over 21 years of age.

3.2 All minors under the age of 18 years of age must be accompanied by a parent or legal guardian.

3.3 Under no circumstances are underage people permitted to consume alcohol or partake in illicit activity at a Listing. We are not responsible for underage drinking and violations of this policy will result in immediate expulsion from the premises without refund and involvement with law enforcement.

4. How to make a Booking

4.1 Accounts

(a) You must register and create an account (Account) on our Site in order to book a Listing. You must provide the basic information we require when registering for an Account including Your legal name, email address, contact number, payment information and You must choose a password.

(b) Once You have registered an Account, Your Account information will be used to create a unique profile which You may then curate.

(c) You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

(d) Your Account is personal to You and You must not transfer it to others, or allow it to be used by others, except with our written permission.

(e) You are responsible for keeping Your Account details and Your password confidential and You will be liable for all activity on Your Account, including purchases made using Your Account details. You agree to immediately notify us of any unauthorised use of Your Account.

4.2 Bookings

(a) If You find a Listing that you are interested in, You must make a booking for Your chosen dates using Your Account via our Site (Booking).

(b) The fees indicated on the Listing are in Australian Dollars (AUD) and we will endeavour to ensure that the prices for the Listings are always up to date.

(c) Once the Booking is confirmed, we undertake to fulfil the Booking at the fees listed on the Listing at the time of the Booking. If, for any reason at our discretion, we require that the fees of the Booking be amended, we will provide reasonable notice to You of the amended fees.

(d) You understand and agree that the Booking is a limited licence granted to you to enter, occupy and use the accommodation outlined in the Listing, for the duration of your stay, during which time we retain the right to re-enter the accommodation.

(e) The owner of the Listing may impose additional terms and conditions, such as pre-arrival instructions and house rules, which will be clearly stated in the relevant Listing. By making a Booking, you accept the additional terms and conditions of the relevant Listing.

(f) We do not accept Bookings that are made by a third party on your behalf, or if You have made for another person. We may require You to produce valid Identification that relates to you upon your arrival at the Listing, and if You are not the person who made the Booking, we reserve the right to cancel the Booking immediately.

5. Terms

5.1 Payment

(a) You agree to pay the relevant fees set out in the Listing when a Booking is accepted (Booking Fee).

(b) Payment of the Booking Fee will be processed using Your Account details within 24 hours of the Booking. If your payment cannot be processed for any reason, including insufficient funds or an expired card, we will contact You by email or telephone and give you an opportunity to make payment.

(c) If after contacting You, Your payment can still not be processed, Your Booking will be deemed to be cancelled by You and Your cancellation will be treated in accordance with our ‘Refund and Cancellation Policy’ clause below.

5.2 General

(a) We provide a number of payment methods, including our third party payment processor (currently Stripe). The payment method You choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party processor, You accept the applicable terms and conditions.

(b) In the absence of fraud or mistake, all payments made are final. If You make a payment by debit card or credit card, You warrant that the information You provide to us is true and complete, that You are authorised to use the debit card or credit card to make the payment, that Your payment will be honoured by Your card issuer, and that You will maintain sufficient funds to cover the payment.

(c) If any payment has not been made in accordance with this clause or any cancellation fees are not paid when due, we may (at our absolute discretion):

immediately suspend Your Account, and recover, as a debt due and immediately payable from You, our additional costs of doing so; and/or
charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with this clause.

5.3 Security Deposit

(a) You will be liable for any damage caused to the Listing by You and Your accompanying party. This is inclusive of any damage to the interior or exterior of the dwelling, the surrounding land, public areas, the Listing owner’s assets (including goods, furniture and fixtures), and any failure to properly exit the apartment (i.e. failure to close windows, lock the doors or leave the fob/key in the correct place as directed).

(b) You agree that we may charge You a security deposit in the amount set out in the applicable Listing (Security Deposit).

(c) In the event that the owner of the Listing makes a claim that You have damaged their property within 14 days from the end of the completed Booking, You agree to the following process:

we will communicate with You stating the alleged damage and provide any proof of such claim supplied by the owner of the Listing; and
if You agree with the claim, we will charge against Your Security Deposit and pay the amount to the owner of the Listing; or
if you disagree with the claim, we may mediate the dispute in accordance with these Terms.

(d) In the event of a dispute, we will ask You to respond to the claim in writing. If no response is given within 48 hours, You agree that we may charge against your Security Deposit and pay the amount to the owner of the Listing. If You do respond, we may decide and charge against your Security Deposit, or agree that there is no claim, at our discretion.

6. Cleaning

6.1 Every Listing is cleaned prior to each guest’s arrival. If there are any reasonable cleanliness issues when You arrive, You agree to notify us as soon as possible so that the appropriate action can be taken.

6.2 Before your departure from a Listing, You accept that You are responsible for leaving the Listing reasonably clean, as well as disposing of any rubbish in the allocated rubbish chute located in the hallway. There is also a recycling bin under the chute for your use.

7. COVID-19

7.1 The World Health Organisation declared COVID-19 a global pandemic in early 2020 and its consequences and risks are now well known to all.

7.2 As result, we do not offer an independent COVID-19 policy. Our refund and cancellation policies include any incurred as a result of COVID-19.

7.3 We urge You to consider travel insurance prior to booking.
8.1 We understand that sometimes things can change. For changes to a Booking made at least 15 days prior to arrival there is no cancellation fee and You can choose to either reschedule, receive a gift voucher or credit for the full amount, or a refund minus our processing fee.

8.2 For changes to a Booking made 7-15 days prior to arrival, there is a cancellation fee of 50% of the total booking amount.

8.3 For cancellations of a Booking within 7 days prior to arrival there will be no refund, voucher, or rebooking – partial or otherwise.

8.4 We understand that sometimes things can change. If You cancel a Booking (including if the Booking is deemed to be cancelled by You due to non-payment of the Booking Fess by the due date), any refund will be calculated based on the Listing’s cancellation policy.

8.5 All refunds incur a processing fee of 5% of the total transaction amount.

8.6 If You are eligible for a refund, we will transfer the refund amount (which is always minus our processing fee) to the payment method originally used to pay for the Booking.

8.7 If an owner of a Listing cancels a Booking, we will refund you the full Booking Fee paid by You.

9. Use of Site

9.1 Our Site is for your personal use only

You may view our Site using a web browser or your mobile device, and electronically copy and print hardcopies of parts of our Site solely for your personal (i.e., non-commercial) use.

Any other use, including any reproduction, modification, distribution, transmission, re-publication, display or performance of the content on our Site is not allowed (or is prohibited, in legal terms). Our intellectual property is important to us!

You also must not modify or copy the layout of our Site or any computer software and code contained in our Services.

9.2 Please don’t interfere with our Site

We ask that you do not:

interfere with or disrupt our Site, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
restrict, or attempt to restrict, another user from using or enjoying our Site; or
encourage or facilitate violations of these Terms.

10. Our Materials

We may present information and content, including articles, opinions, information and commentary about our Listings on our Site (we call these Materials). The Materials are for your personal use only and may not be:

resold or redistributed in any material form;
stored in any storage media; or
retransmitted via any media.

11. User Content

11.1 General

We don’t claim ownership of any content you add or post onto the Site, such as any reviews, comments, photos and other contributions you may make in response to the content of our Site (what we call User Content). Instead, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the User Content, whether on this Site, or on another Site we own or control or in any hardcopy form.

You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If a third party has moral rights in your User Content, you must ensure the third-party consents in the same manner.

User Content must be accurate, truthful and genuine, provided for information purposes. We do not have the ability to verify the accuracy or otherwise of the User Content.

11.2 Security of content

We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of the User Content from unauthorised access or use by a third party or misuse, damage or destruction by any person.

However, given the nature of the internet, we do not guarantee and cannot ensure the security of User Content and we expressly exclude liability for any such loss, however caused.

We recommend you take proactive means to protect your computer system from potential hazards by installing firewalls, anti-virus software and other security applications.

11.3 Don’t post any prohibited content

You must not create or generate any User Content:

unless you hold all necessary rights, licences and consents to do so;
that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
that we consider inappropriate, defamatory, offensive, abusive, indecent, illegal or disparaging;
that would bring us into disrepute; or
that infringes the rights, including intellectual property rights, of any third party.

11.4 Blocking

We reserve our right to remove or block your Account and any User Content that you post which violates our Terms.

12. Third Party Links

12.1 Our Site may contain links to other websites owned and operated by other people, businesses or organisations, and these are not under our control (Third Party Links).

12.2 Third Party Links are provided as a convenience to you and the existence of such links on our Site is not our endorsement of those Third-Party Links.

12.3 Additionally, we are not responsible for the content or material contained on any Third-Party Link.

13. Intellectual property rights

13.1 We or our licensors reserve all intellectual property rights in our Site and the Materials.

13.2 All content appearing on our Site, and the Site itself, is protected by copyright and database rights. Any reproduction of our Site, in whole or in part, including the copying of text, graphics or designs without our prior consent or agreement is prohibited.

13.3 Nothing in our Terms constitutes a transfer of any intellectual property rights. All the trade marks, trade names, business names, images and logos (Marks) identified and utilised on the Site belong to their respective owners and are either used by us because we own them or because we have gotten a licence to use them from their owner. You must not use, reproduce, copy, republish, upload, transmit, post or modify these Marks in any way, unless otherwise authorised by the owner in writing.

14. Privacy

14.1 We will collect, use and disclose any personal information you provide us when using our Site in accordance with our Privacy Policy.

14.2 If you’d like to learn more about our information collection and handling practices, we’ve provided a link to our Privacy Policy.

15. Disclaimer

15.1 Our Site, Materials, and Third-Party Links are provided to you on an ‘as is’ and ‘as available’ basis (i.e., what you see is what you get). We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of our Site, Materials or Third-Party Links.

15.2 We do not endorse or support any Materials or User Content and if you rely on any such information, you understand that this is at your own risk.

15.3 We reserve the right to change, suspend or discontinue any aspect of our Site, including removing any Materials, User Content or Third-Party Links, at any time and without notice to you.

15.4 You are responsible for considering the appropriateness of our Site for what you intend to use it for, and we give no warranty, guarantee or representation that our Site is suitable for or meets your requirements.

15.5 You alone are responsible for your User Content.

15.6 We are not responsible or liable for the conduct of any user. We reserve our right to monitor or become involved in any disagreement or dispute between you and another user.

16. Warranties

You represent and warrant that:

(a) You will not use our Site, Your Account or any Listings, in any way that competes with our business or is in breach of these Terms;

(b) there are no legal restrictions preventing You from entering these Terms;

(c) if You make a Booking on behalf of additional guests, that where possible You will nominate the guests when making the Booking and, in any event, that the guests meet any requirements on the Listing and will comply with these Terms;

(d) You will comply with the reasonable instructions of the owner of a Listing which You have booked;

(e) all information and documentation that You provide to us in connection with these Terms is true, correct, and complete; and

(f) You have not relied on any representation or warranties made by us in relation to the Site or Listings, unless expressly stipulated in these Terms;

17. Australian Consumer Law

17.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Site and Service by us to You which cannot be excluded, restricted or modified (Statutory Rights).

17.2 If the ACL applies to You as a consumer, nothing in these Terms excludes Your Statutory Rights as a consumer under the ACL. You agree that our liability for the Site and Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

17.3 Subject to Your Statutory Rights, we exclude all express and implied warranties, and all material, work and Services are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

17.4 This clause will survive the termination or expiry of these Terms.

18. Indemnity

18.1 You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with Your use of our Site including but not limited to the Services, any User Content, Your entry to and stay at a Listing, Your breach of these Terms or Your breach of any rights of third parties.

18.2 We reserve the right to assume exclusive control of any matter for which You are required to indemnify us and You agree to provide assistance at Your expense for the purposes of defending and managing all such claims as is reasonably requested by us.

19. Limitations on Liability

19.1 To the fullest extent permitted by law, we are not liable to You or any other person for any loss or damage suffered or incurred in connection with:

Your access and use of the Site or Your Account;
Your entry to and use of a Listing;
any act or omission of an owner of a Listing;
any errors or inaccuracies in the information in respect of our Services or the Site; or
delays to, interruptions of or cessation of transmission to or from our Site.

19.2 To the fullest extent permitted by law, we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.

19.3 Any limitations or exclusions do not apply to our liability for loss suffered or incurred by You for an act or omission by us that amounts to:

fraud or other unlawful acts; or
gross negligence.

19.4 Our liability under these Terms will be reduced proportionately to the extent that the relevant liability was caused or contributed to by the acts or omissions of You or Your accompanying party or personnel.

19.5 Our aggregate liability arising from or in connection with these Terms will be limited to our resupply of the Services to You or, in our sole discretion, to us repaying You the amount of the Booking Fees paid by You to us in respect of the supply of the Services to which the liability relates.

20. Termination

20.1 Your Account and these Terms may be terminated by You at any time using the ‘cancel Account’ functionality (or similar) in the Account page under Account settings.

20.2 We may terminate these Terms at any time by giving 30 days’ written notice to You. We can also ban You from creating future Accounts on the Site.

20.3 We can also suspend your Account or terminate these Terms immediately upon written notice to You, if:

You breach any provision of these Terms, and that breach has not been remedied within 10 business days of being notified by us;
there is any reason outside our control which has the effect of compromising our ability to provide the Services;
You fail to produce valid Identification that relates to you on our request; or
You are unable to pay your debts as they fall due.

20.4 Upon expiry or termination of these Terms:

Your Account will be deactivated;
You agree that any payments made by You are not refundable to You;
You agree not disparage or otherwise make any unfavourable statements or comments regarding us, the Site or Listings, either directly or by implication, verbally or in writing;
we will cancel any existing Bookings and you will lose any Booking Fee and other amounts.

20.5 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

20.6 This clause will survive the termination or expiry of these Terms.

21. How you can contact us

If you’d like to contact us to ask any questions or even to make a complaint, we’d love to hear from you.

Please contact us at [email protected] and we’ll get back to you as soon as we can.

22. Severability

If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.

23. Jurisdiction

Our Terms are governed by the laws in force in Queensland Australia.
You and we both agree to submit to the exclusive jurisdiction of the courts of Queensland Australia.

Last update of these Website Terms and Conditions: April 2023

Terms & Conditions