Booking Terms and Conditions

Date: 30 October 2023

The following Terms and Conditions apply to a guest’s (You) stay at any of the hotels or properties owned, operated or franchised by Oaks Hotels & Resorts Ltd (or any of its subsidiary, or related entities) (We/Us) which includes, without limitation, any of our Oaks, Avani, NH, Anantara properties in Australia or New Zealand (Hotel).    

Please read these terms and conditions carefully as these conditions incorporate the basis on which bookings for our Hotels are accepted. The terms and conditions below are for all bookings. If you book a stay at one of our Hotels through a third party operator (such as a third party operator/website) additional terms and conditions (as notified by that third party operator) may apply.

We may revise these Terms and Conditions from time to time by updating this web page. The revised terms will take effect when they are posted.

Check-in / Check Out

  1. Unless we agree or notify you otherwise, check-in is at 2pm and checkout is at 10am.
  2. The property reserves the right to charge you an early departure fee in the event you depart earlier than the original departure date.
  3. Late checkouts may be available upon request. You must contact Reception to check availability and confirm any late checkout. Additional fees may be applied by us.
  4. A late check-out fee may apply if the property is not vacated prior to the set check-out time of the Hotel (see below).

Fees for early departures and late checkouts will be the fees notified by the Hotel to you and in all circumstances will not exceed one night’s accommodation for your booking (subject to any other charges we may be entitled to charge you under these terms and conditions, such as cancellation fees).

Guarantee Policy

Your valid Credit Card is required at time of booking and your valid Credit Card must be presented at time of check in. We will not accept a Credit Card that is not in your name (i.e. the credit card name and booking must be in the same name).  This is required to make a valid booking and check-in. We may refuse to check you into the Hotel if you do not provide this.

No Party Policy

We have a strict no party policy when you are staying with us. In the event that you (or any of your invitees) are identified as having a party (in our view), we reserve the right to immediately request all occupants of the Hotel room/apartment up to, and including, the guest who has registered for the apartment, to vacate the room/apartment and the Hotel as a whole.  See below regarding costs you will incur if you are evicted.

Your use of the Hotel

You agree to use the room in a reasonable manner in accordance with these terms and conditions during your stay and return the room to us at the end of your booking in the similar condition it was on check-in. 

You further agree to be liable to us for the cost to repair any damage you (or any of your guests) cause to the Hotel during your stay and any excessive cleaning required as a result of you leaving the room (or any part of the Hotel) in an excessively unclean state.  The cost of such charges will be the costs we incur and cleaning will be charged at commercial rates.

You authorise us to take any charges or costs from your credit card pre-authorisation (provided by you on check-in).   

You use Hotel facilities at your own risk. You also agree to comply with all signage at the Hotel (regarding your use of the Hotel) and any “House Rules” or similar rules and policies notified by us to you.  For your safety and our other guests’ comfort, you also agree to comply with all reasonable directions of our staff at the Hotel, including in particular directions by our staff.  In these terms and conditions,     “House Rules” include all of the rules we notify you that you must comply with when occupying the property as well as any applicable by-laws of the strata or body corporate scheme if applicable. Our reception staff will have a copy of these rules for inspection upon check-in.

During your stay, we reserve the right to evict you from the Hotel if you (or any of your guests) are not complying with these terms and conditions, any House Rules, any directions from staff or we otherwise form the reasonable belief that your (or your guests) continued presence at the Hotel will cause us (or others) to suffer loss or damage, put the safety of you, us or others at risk, or will bring the Hotel into disrepute. If we evict you, the cost of the accommodation at the Hotel for all of your stay is non-refundable and you will be required to settle your account in full prior to departure (as well as any other costs we are entitled to receive or recover from you under these terms and conditions or as a part of your booking).

Pay On Arrival Policy

Where you choose to book “now and pay later” with particular rates (i.e. Best Flexible Rate), a valid Credit Card is required at time of booking however the full payment is not payable until you check-in.

Cancellation and Changes to Booking Policy

Changes and cancellations are permitted up until 2pm (at the time where the Hotel is located) on or before 24 hours prior to arrival. Changes or cancellations after this time will incur a full fee equal to the value of the accommodation. No shows will also be charged in full.

For bookings that are “Best Flexible Rates” (or similar): changes and cancellations are permitted up until 2pm (at the time where the Hotel is located) within 24 hours prior to arrival. Changes or cancellations within this time will be charged in full. No shows will also be charged in full. 

For bookings that are “Non-Refundable Rates” (or similar):In order to offer you this special price, you may not make any changes or cancellations.  If you do not use your booking, you will be charged in full.

For bookings that are “Long Stay 7+ day Rates” (or similar):changes and cancellations are permitted up until 2pm (at the time where the Hotel is located) within 24 hours prior to arrival. Changes or cancellations within this time will be charged a 2-night cancellation fee. No shows will also be charged a 2-night cancellation fee.

For group bookings and meeting bookings: cancellation requests will be treated on a case by case basis and will be subject to any contract or booking terms and conditions that apply to those bookings (if applicable).  

For all other Hotel bookings: changes and cancellations are considered on a case by case basis (excluding where a booking was made with an authorised third party, in which case the additional terms and conditions of that booking will apply).  

We reserve the right to cancel or modify your reservation where it appears that you (or someone making the booking) have engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

We reserve the right to cancel or amend bookings if they do not adhere to these terms and conditions (or other notified terms and conditions).

Fees for late checkouts will be the fees notified by the Hotel to you and in all circumstances will not exceed one night’s accommodation for your booking (subject to any other charges we may be entitled to charge you under these terms and conditions, such as cancellation fees).

Identification

Upon arrival at the Hotel you must provide valid and current Federal or State Government issued photographic identification for security purposes. Your booking must be under the name of the person checking in to the Hotel. In addition, the Guest must also provide a credit card that matches the name in the name of the photographic ID.

Please refer to our privacy policy for how we collect and retain personal information.   

Deposit Policy

We will charge a pre-authorisation deposit to your Credit Card to cover any incidental charges incurred by you or any damage you cause whilst staying at our Hotel (or any costs we incur in cleaning your room as a result of you leaving the room in an unreasonable condition at check-out).  We will hold $1 as a pre-authorisation (which we will take on check-in). The timing of the release of the funds is controlled by your bank and may take up to 10 working days.

The pre-authorisation will affect your available funds balance or spending limit. For more information on this practice we suggest contacting your bank for more information. Once a pre-authorisation has been made, we cannot release, remove or lower the authorised amount, until we process the final account on departure.  

We reserve the right to pre-authorise all credit cards upon check in. Cash is not an acceptable form of bond or deposit and will not be accepted. 

For any bookings made on oakshotels.com that require pre-payment made via the website, the transaction will be listed on your bank statement under the Oaks Hotels & Resorts Head Office location - ‘Oaks Hotels & Resorts Maroochydore’. Payments will not be listed under the Hotel’s location.

Child Policy

Children sleep free on existing bedding in the Hotel room/apartment, within the maximum allowed guests per room (as notified by us).

If a roll away / cot / sofa bed is required charges will apply.  Those charges are available from our reception desk at the Hotel.

Children must be accompanied by at least one Adult at all times whilst in the Hotel and a room cannot be booked in our Hotel without an adult also staying with that Child.  Only Adults may make bookings at our Hotels.

For the purposes of this clause “Child” or “Children” means a person or persons aged between 2 years and 17 years and “Adult” means a person aged 18 years or over. All ages will be verified at check-in (and will be the age of the person at check-in).

Fees

All credit / debit card payments made to us via an onsite payment system will incur a 1.5% non-refundable credit card service fee in Australia.

New Zealand onsite payments incur a 2% (VISA, MASTERCARD), 2% (AMEX) or 3.35% (DINERS) non-refundable credit card service fee.

Facilities (availability and maintenance)

From time to time, features and facilities of our Hotels are unavailable or taken offline for repairs, maintenance or as directed by the owners of the Hotels.

If any feature/facility is essential for you in choosing a particular Hotel, we recommend contacting the Hotel prior to booking to ensure that feature or facility is available at the time of your booking.

We will not be liable for omissions or errors, whether temporary or permanent, of the description of our Hotel’s facilities and services. Photos shown on our website (or any other location) are indicative only and may not specifically represent the exact room/apartment allocated to you.

Destination images featured on the our website may not represent the views offered from our locations. 

Accommodation facilities listed may not apply to all room types.

Internet Access

We offer inclusive Wi-Fi internet access allowing customers to connect to the Internet up to 3 mobile devices per booking.

Our Wi-Fi is operated by a third party and we therefore take no liability or responsibility (whilst you are using our Internet network or Wi-Fi) for:

  • the non-availability of the Internet network,
  • the speed of the Internet network;
  • the availability or access to websites;
  • external intrusion;
  • computer viruses you may obtain whilst using the network; or
  • non-authorised online transactions or losses to you whilst using the network.

Part of your accommodation booking charges may include a charge payable to us for the use of the internet. The amount of the charge will be set out in your guest registration card provided upon arrival (if any).

Pricing Errors

We reserve the right to cancel reservations based upon incorrect information being displayed in relation to price, inclusions or service at any point in time (at no cost to us).

Foreign Currency

Conversion into foreign currency is given as an indication and is not binding. Only the currency confirmed during the reservation process is confirmed.

Relocation 

In the event of a situation whereby we cannot provide accommodation as previously confirmed for whatever reason, Hotel staff will undertake to relocate you to a comparable alternate Hotel at its absolute discretion with no additional cost to you. Should you wish to choose a Hotel, or a room/apartment in a Hotel of a higher standard other than offered under this condition, you will be required to pay any additional price difference. Should you not wish to accept the relocation, a full refund & booking cancellation will be granted.

Limitation of Liability 

Notwithstanding anything contained in these terms and conditions to the contrary and to the extent permitted by law and any warranty or guarantee provided under the Australian Consumer Law (which cannot be excluded, restricted or modified), we shall not be responsible for indirect damage, damage arising from consequential damage or special circumstances, including but not limited to loss of revenue, loss of profit, loss of use, loss of opportunity, arising out of the performance or non-performance of obligations under these terms and conditions or as otherwise implied by law.

Nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or under any international consumer protection legislation, provided that, to the extent that such law permits us to limit our liability, then our liability is limited to:

  • In the case of services, supplying the services again or payment of the cost of having the services supplied again; and
  • In the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

Privacy

When you make a booking with us and when you stay with us, we collect certain personal information from you. By making a booking you consent to your personal information being collected by us and for us to use that information in accordance with the terms of our Privacy Policy. Access to, and correction or deletion of, the personal information we collect from you is dealt with in accordance with our Privacy Policy. The party collecting your personal information will be listed on your registration card and will be the operating entity that operates the particular Hotel.

Insurance 

We strongly recommend you purchase Comprehensive Travel Insurance that covers your accommodation costs (and any damage to the Hotel you cause). We suggest that the policy includes, but is not limited to, the following coverage – loss of payment through cancellation, loss or damage to personal baggage, damage to property, loss of money and medical expenses.

Governing Law and Jurisdiction

These terms and conditions (and any booking) are governed by the law of the jurisdiction the Hotel is located in and you agree to submit to that jurisdiction (unless we have otherwise agreed in writing).

Severability

If any part of these terms and conditions should be determined invalid by reason of the relevant laws, it shall be removed without affecting the rest of the terms and conditions. The remaining terms and conditions will continue to be valid and enforceable.

No waiver

Failure to insist upon or enforce strict performance of any of these terms and conditions shall not constitute a waiver of these terms and conditions.

 

Additional Terms and Conditions – Promotions and Campaigns

1.  Oaks DISCOVERY Campaign Terms and Conditions

Oaks GHA DISCOVERY benefits are subject to change without notice.

Early check-in is from 12pm and late check-out is before 11am, subject to availability.

Best price guarantee is only available on public advertised rates.

10% discount is off the best flexible rate and may not be valid on promotional offers or deals where a greater benefit may apply.

Kids under 5 eat free at all Oaks restaurants where a buffet meal applies. Kids aged 5-12 will receive a 50% discount of the buffet price. Where a buffet menu does not apply, a special children’s menu will be provided upon request.

Benefits are only valid when bookings are made directly with Oaks Hotels, Resorts & Suites. Please ensure you sign up to Oaks GHA DISCOVERY loyalty program. 

2. Oaks Giving Tree Terms and Conditions

Donations made by you will be collected as part of the Fundraising Initiative Oaks Giving Tree and will be made in support of the Charity Habitat for Humanity Australia (HFHA). 

The partnership between Minor Hotel Group and HFHA will be limited to Minor Hotel Group acting as an Approved Fundraiser having authority to fundraise on behalf of HFHA and will not be liable for the distribution of funds collected nor will it be responsible for the issue of tax receipts for donations of AUD $2.00 or more.

Such obligations will be the responsibility of HFHA as the beneficiary charity in compliance with any Charitable Fundraising Act and/or Regulation as applicable. More details on this Fundraising Initiative can be found at HFHA website.

3. Oaks Grocery Hamper Terms and Conditions

If you request that we provide you with a Grocery Hamper (before or during your stay with us):

  1. All of Coles terms and conditions (see: https://www.coles.com.au/important-information/customer-agreement) apply to the supply of the Grocery Hamper in addition to these terms and conditions. If you select a Grocery Hamper as part of your booking, these terms and conditions are incorporated into your accommodation booking terms and conditions.
  2. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Grocery Hamper and your consumption or use of it, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and similar warranties.  
  3. Cancellation: You may not cancel or amend your Grocery Hamper order once made. If you cancel your accommodation booking with us, we will endeavour to cancel the order of your hamper and if we are able to do so, your hamper order will be cancelled with your accommodation booking. Late cancellations of bookings may not result in the cancellation of your Grocery Hamper (due to the timing of when we order the hampers).
  4. You may not purchase more than one of each of the Grocery Hamper types (per accommodation booking).
  5. Please ensure dietary and allergy needs are considered before adding a hamper to your booking. We recommend that you read the label on the products you purchase or contact the manufacturer of the product for further details.
  6. Payment for your Grocery Hamper will be made with payment of the balance of the booking at the Property (upon check-in).
  7. Collection: Your Grocery Hamper will be packed and ready for you to collect from the reception of the Property at the time of check-in unless Coles has not delivered the hamper on time, in which case we will deliver it to your room as soon as reasonably possible.
  8. Amendments: You are unable to provide any alterations or amendments to the contents of each Grocery Hamper as each hamper is standardised. However, we (or Coles) may, at our (or Coles) election provide substitute products of equal or higher value (where necessary) in line with the Coles standard online grocery terms and conditions See: https://www.coles.com.au/important-information/customer-agreement .
  9. Any complaints on hampers should be directed to the Hotel Manager.

 

Website Terms and Conditions

Date: 30 October 2023

The following Terms and Conditions apply to a user of our websites (You) owned or operator by Oaks Hotels & Resorts Ltd (or any of its subsidiary, or related or associated entities) (We/Us) which includes, without limitation, oakshotels.com and avanihotels.com.au and includes any of our social media pages or sites (Websites).    

Please read these terms and conditions carefully as these conditions incorporate the basis on which you use our Websites.

We may revise these Terms and Conditions from time to time by updating this web page. The revised terms will take effect when they are posted.

Eligibility

Our Websites are intended for use by individuals who are of legal age and can enter into binding contracts as per applicable law.

By using our website, you confirm that you have the legal capacity to make hotel reservations for yourself or are legally authorised to make the reservations and purchases for another person.

You agree to be financially responsible for your activities on our Websites.

You also warrant that all information provided by you in using the website is true and accurate.

User Responsibilities

As a condition of your use of our Websites, you warrant to us that you will not use those Websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Although we may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on our Websites we are under no obligation to do so and we assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on our Websites, to the extent permitted by law.

You are prohibited from posting or transmitting (on our Websites) any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.

Content and Accuracy

We make every effort to provide accurate and up-to-date information regarding hotels, prices, and availability. However, we do not guarantee the accuracy or completeness of the content on our Websites.

The materials published on our Websites are for reference only, and we do not accept liability for the accuracy, completeness or quality of the information and materials provided on our Websites, unless the mistake occurred intentionally or through gross negligence. In particular, and without limitation, this refers to any loss, additional costs or damage of any kind suffered as a result of any use of any information and materials on the Website, to the maximum extent permitted by law.

Disclaimers

The content, services and materials on our Websites are provided “as is” and on an “as available” basis without representations or warranties of any kind, either express or implied, subject to applicable laws. We make no representation or warranty that your use of the Website will be uninterrupted, timely, or free from error.

Limitation of Liability

Notwithstanding anything contained in these terms and conditions or law to the contrary, we shall not be responsible for indirect damage, damage arising from consequential damage or special circumstances, including but not limited to loss of revenue, loss of profit, loss of use, loss of opportunity, arisen out of the performance or non-performance of obligations under these terms and conditions or your inability to access or use, our Website or any materials on our Website.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Links to Third Parties

We do not control any third-party website and, therefore are not responsible for the content of any linked website or any link contained in a linked website. We will provide such links only as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by us of the linked website or any information contained in it.

Intellectual Property

All content, trademarks, and intellectual property displayed on our Websites are owned or controlled by us or our partners. You are not permitted to copy, reproduce, amend, publicly communicate, transform or distribute, by any means and under any form, all or part of the materials included on our Websites, without our consent in writing.

We consider our trademarks to be valuable assets and take any infringements very seriously.

User-generated content, such as reviews and comments, may be subject to moderation. We reserve the right to remove or edit user-generated content that violates our guidelines or is deemed inappropriate.

Governing Law & Jurisdiction

The products and/or services described in and available through our Website may not be available in your country. We make no representation that the services or products offered in the site are appropriate or available for use in any particular location.

The Website is operated from Australia and is governed by the laws of Australia, without regard to its conflict of laws rules.  You agree to submit to the laws of Australia in your use of our Website. See booking terms and conditions for the application jurisdiction for booking terms and conditions.

Severability

If any part of these terms and conditions should be determined invalid by reason of the relevant laws, it shall be removed without affecting the rest of the terms and conditions. The remaining terms and conditions will continue to be valid and enforceable.

No waiver

Failure to insist upon or enforce strict performance of any of these terms and conditions shall not constitute a waiver of these terms and conditions.