These Terms and Conditions shall apply to the use of the facilities and services provided Cairns Bed & Bar PTY LTD ATF The Cairns Bed & Bar Unit Trust Trading as Gilligan's Backpackers Hotel & Resort (ABN 32 550 199 802, ACN 132 228 034) by its customers and guests.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Customer” means a paying guest of the hostel;
“Hostel” means the Gilligan’s Backpacker Hotel and Resort; and
“Rates” mean the prices payable for rooms and (where applicable) other facilities offered by the Hostel.
1.2 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.3 Words imparting the singular shall include the plural and vice versa.
1.4 References to any gender shall include the other gender.
2. Use of the Site
2.1 Bookings are subject to the Gilligan's terms and conditions and policies and you should read these before proceeding with your booking.
2.3 We make every effort to ensure all information displayed on the Site is accurate; however, we are unable to guarantee the accuracy of all information nor are we able to guarantee that the Site is free of errors or faults. We reserve the right to change information published on the Site at any time. We are not liable to you or any other person for any loss in connection with the use of a linked site.
2.4 To the maximum extent permitted by law, we are not liable for any loss or damage, however caused (including negligence) which may be directly or indirectly suffered, in connection with your use of or inability to access this site, or the purchase and use of any products and services supplied via this site. The limitation of liability (whether arising under contract, tort (including negligence or statute), applies to all damages or any kind including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties. Under circumstances where liability cannot be excluded, such liability is limited to the value of the purchased goods or services. These terms do not affect consumers’ statutory rights.
2.5 We may change or modify all or any part of these terms and conditions by posting changes to the Site.
3. Bookings and Reservations
3.1 Customers may make reservations in advance through Hostel website, travel agents accommodation website, telephone and in person.
3.2 When making reservations, Customers will be required to provide identification information including, but not limited to, their name, address, contact telephone number, nationality, email address and credit card details.
3.3 Payment details will be required for all reservations. Unless the reservation is expressly stated to require payment at the time of reservation, no payment will be taken until such times as indicated in Clause 4 below.
3.4 Reservations booked in advance do not constitute a legally binding contract between the Hostel and the Customer until the Hostel confirms the reservation with the Customer and provides the Customer with a booking reference.
3.5 The Hostel does not guarantee room/bed allocations.
3.6 Bookings made through a third party website must be amended or cancelled through the third party website.
3.7 Group bookings must be made by contacting the Reservations team directly.
3.8 Reservations may be changed by the Customer up to 2PM the day prior at no charge (subject to the cancellation provisions set out in Clause 5 below). The Hostel will use all reasonable endeavours to accommodate any changes requested but gives no guarantee that all changes will be accommodated.
3.9 Reservations are not required. Customers may make bookings on arrival however the Hostel cannot guarantee the availability of rooms or other facilities for such bookings.
3.10 Customers may extend their stay subject to availability; rate are subject to change. The Hostel will use all reasonable endeavours to accommodate such requests.
3.11 Prices for dorms and hotel rooms include all taxes, unless otherwise stated on the Site. Payment will be debited to your nominated credit card at the time the booking is placed in the total amount shown on the booking page.
3.12 If deemed a group booking there is a requirement for a $150 per person bond to be paid 30 days prior to stay. This is at Gilligan's discretion.
4. Fees and Payment
4.1 All rates are subject to change.
4.2 Rates and prices quoted when making reservations apply only to accommodation unless otherwise stated. Additional charges may apply for items including, but not limited to, meals and wireless internet access. Customers will be informed of the prices payable for such additional items on arrival at the Hostel.
4.3 Customers shall pay all sums due upon checking-in at the Hostel including a $30 bond. The Bond will be held for the duration of stay, to cover damages to the Hostel, linen and cleaning costs’. Proof of pre payment may be required, if applicable.
4.4 The following payment methods are accepted by the Hostel:
4.4.1 Credit and Debit Cards - Visa, Mastercard, Maestro and JCB; (Credit card surcharges apply)
4.4.2 Cash (Australian Dollars)
5.1 If you wish to change or cancel your booking you must Contact Us. We cannot guarantee that changes can be made.
5.2 All cancellations must be made in writing addressed to firstname.lastname@example.org
5.3 A valid cancellation notice must include:
i) the Product Providers name
ii) reservation name
iii) guest name
iv) email address
v) dates of stay
as these details appear on your confirmation of booking.
5.4 Guest cancelling more than 24 hours prior to 2pm on the scheduled date of arrival will be not be charged for cancellation fees. Any payment made will be refunded.
5.5 Guests cancelling within 24 hours prior to 2pm on the scheduled date of arrival of will incur a cancellation fee equal to one night's accommodation for each bed booked at the quoted rate. This will be charged to the method of payment advised at the time of booking. Any payment made for additional nights will be refunded.
5.6 Failure to arrive at the Hostel on the scheduled date or arrival will result in the charge of a No Show fee equal to one night's accommodation for each bed booked at the quoted rate. This will be charged to the method of payment advised at the time of booking. The remainder of your booking will be cancelled at this time. Any payment made for additional nights will be refunded.
5.7 Failure to advise a cancellation will result in the charge of a No Show fee equal to one night's accommodation for each bed booked at the quoted rate. This will be charged to the method of payment advised at the time of booking. The remainder of your booking will be cancelled at this time. Any payment made for additional nights will be refunded.
5.8 All cancellation charges and refunds will be processed using the credit card used by the Client to make the booking. All refunds will be processed within 10 working days.
5.9 Any requests for refunds must be made within 30 days of the arrival date, otherwise monies will be forfeited.
5.10 The Hostel may, from time to time, cancel a reservation. In the event of such cancellation, the Customer shall be informed immediately and shall be offered a full refund of any and all sums paid.
6. Check-in and Check-out
6.1 Check-in time at the Hostel is at 2pm. Should you arrive prior to this, luggage storage is available.
6.2 Check-out time at the Hostel is 10am. At this time guests are required to bring their pillow case, room key and all personal belongings to reception. If no damages or further charges apply, the guest will be refunded their $30 bond.
6.3 Later check-out times for hotel rooms only may be possible by prior arrangement (and at the Hostel's discretion), and will be charged at an hourly rate. Details of charges will be provided to the customer at the time of their request.
6.4 In the absence of an arranged late check out, failure to check-out by 10am may result in the Customer being charged for an additional night's accommodation at the standard applicable Rate or the bond being absorbed.
6. Hostel Rules
6.1 A comprehensive list of House Rules is available at time of check in.
This is inclusive of but not limited to:
- Room Keys are to be shown to gain access to hostel after 10pm. Strictly no visitors are permitted after this time. Loss of room key incurs an AU$10.00 charge.
- ALCOHOL IS PROHIBITED within the hostel premise due to licensing regulations. Alcohol that is brought into the hostel will be confiscated and held until you check out.
- Noise; We ask that you respect other guest’s by limiting the amount of noise after 10.00pm.
- Smoking; The rooms and common areas within the Hostel are non-smoking – please use designated outdoor areas. If you set off a fire alarm and the fire brigade attends you will be fined. Tampering with fire equipment including extinguishers and fire hoses may result in you being asked to leave the premises.
- Belongings; We do not hold any responsibility for the safekeeping of your personal property in or around the premises. This includes all private and public areas. Rooms have lockers.
- Storage Lockers / Luggage Room; Luggage is left at owners’ risk.
- Safety; Under no circumstances are you to go over the railings on the balconies or roof. This includes jumping from room to room. Any guest’s who are found on the roof will be asked leave. No items are to be thrown from the balconies. If any items falls over the railings please see reception and we will organise for the items to be retrieved Monday to Friday during business hours.
- Lift; No more than 8 people in the lift at anyone time. In the event of the lift getting stuck due to deliberate damage you will be charged the call out fee.
- Any person deemed a risk to themselves or other guests will be removed.
- Any form of abuse towards any staff member or other guest’s will not be tolerated and you will be evicted from the premises.
- You will be held liable for any damages to the property caused by you the guest. You will be charged for the damages/call out fee which could result in you being evicted from the property.
- Eviction is at the management’s discretion and includes but is not limited to the above rules. Guests who choose not to follow the above House Rules will be asked to leave the resort with NO REFUND.
- Valid photo identification in the form of a Driver Licence or Passport is required at check-in
- Customers are required to conduct themselves in a reasonable and responsible manner at all times when on Hostel property and must not act in any way which may disturb other guests. Failure to adhere to this requirement may result in a Customer being asked to leave the Hostel in which event all sums due shall become immediately payable.
- No animals are allowed in the Hostel with the exception of guide dogs.
8. Food and Drink
8.1 Unless expressly indicated otherwise, food and drinks are not included in any rates.
8.2 Details of meals provided at the hostel will be provided to the customer upon check in.
8.3 Customers with special dietary requirements are advised to inform the Hostel of the same in advance of their arrival. The Hostel will use all reasonable endeavours to accommodate such requirements and, where this is not possible, inform the Customer of the same.
9. Disabled Customers
9.1 The Hostel fully complies with all laws regulating the treatment of, and provision for, disabled Customers.
9.2 Customers with any special requirements pertaining to a disability should inform the Hostel of the same prior to their arrival.
9.3 We do provide accommodation for guests who require disabled facilities. This option is a hotel room with a bathroom equipped to accommodate those with disabilities. Please contact us directly for further details.
10. Age Restrictions Of Guests
10.1 Gilligan’s is not able to accept guests under the age of 18 years of age unless staying with their parent or legal guardian.
10.2 Appropriate identification must be shown at check-in time as proof of guardianship. These minors must be accompanied by the parent/guardian at all times. This is due to the general licensing of the premises.
11. Limitation of Liability
11.1 To the fullest extent permissible by law, the Hostel's liability for any loss or damage suffered by Customers shall be limited to that which arises out of the negligence of the Hostel's employees, subcontractors or agents.
11.2 The Hostel shall not be liable for any indirect loss or damage which may be suffered by a Customer including, but not limited to, loss of income, loss of business, loss of profits, loss of opportunity, loss of anticipated savings, loss of data or loss of enjoyment.
11.3 Force Majeure; neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected
11.3 Nothing in these Terms and Conditions purports to limit or exclude the Hostel's liability for:
11.3.1 Death or personal injury cased by the negligence of the Hostel, its employees, subcontractors or agents;
11.3.2 Fraud or fraudulent misrepresentation; or
11.3.3 Any other matter for which it would be illegal for the Hostel to limit or exclude its liability.
12.1 The Customer's rights as a consumer under consumer protection legislation from time to time in force shall not be affected by these Terms and Conditions.
12.2 The Hostel may, from time to time, change these Terms and Conditions without notice, however it will use its reasonable endeavours to inform Customers as soon as is reasonably possible of any such changes.
13. Data Protection
13.1 The Hostel will not share Customers' personal data with any third parties for any reasons without the prior consent of the Customer concerned. Such data will only be collected, processed and held in accordance with the Hostel's rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
14. No Waiver
14.1 No failure by the Hostel to enforce any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
15.1 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
16.1 Domain name and copyright in Website under licence from Gilligan's Backpackers Hotel and Resort Pty Ltd and Christian John Hastings Ainsworth.