terms and conditions

Material on our sites is mostly provided by persons other than Jodie Alderson ABN 93 496 837 730 trading as Mission Beach Booking Agent its directors and employees (us, we, our).

Currencies

All currencies shown are Australian Dollars (AUD).

Security Capabilities

All credit card transactions are subject to a 128-bit SSL ecryption process.

Reliance and Waiver

We will not accept any claim, by you in relying on any material contained in, or omitted from our sites, whether due to our negligence, or the negligence or even dishonesty of renters or owners. In return for access to or the publication of material on our site you agree not to make any claim against us.

Access To Our Sites

We do not promise that your access to our sites will be secure or uninterrupted. We will not be liable for any claim from you relying on the security or uninterrupted supply of material on or access to our sites.

Privacy Policy

Please read the privacy policy

We treat the personal information of users of our site with respect and confidentiality and take all reasonable steps to ensure that your personal information is stored securely and accurately. If at any stage you have information we have stored that you wish to change please let us know and we will not only amend it but show you we have done so.

Acceptable use: Your use of our sites

A condition of your use of our sites is that you promise not to use our sites for any purpose that is unlawful or prohibited by these terms and conditions or by other applicable laws or regulations.

You agree:

1. Not to do anything to damage or block our sites or prevent them from functioning

2. You will not include false or misleading material on our sites, or material that might be false or misleading

3. You will not 'infect" or allow the infection of any of our sites with any form of virus, worm or tracker.

4. You will not upload or provide links to any pornographic or defamatory material

5. You agree to indemnify us for any claim, direct or indirect, on a complete indemnity basis including our legal costs, whether contributed to by our own negligence or otherwise that arises from any

  • breach of copyright or intellectual property rights on material uploaded by you or someone on your behalf to our site
  • deliberate misuse by you or someone on your behalf to our site
  • any use or listing on our site by you or someone on your behalf
  • or reckless indifference to damage of our site or reputation by you or someone on your behalf.
  • or the breach of any these terms by you or someone on your behalf

We reserve the right to edit or remove any material uploaded to or on our sites at any time at our absolute discretion.

Links

The links on our sites to other sites operated by other parties are not under our control. Following a link to other sites is done at your own risk. Any advertising appearing on those sites is not an endorsement by us.

Copyright

Copyright is claimed by us to the extent we are able to claim for all material on our sites. Other than using it for your own personal use, that material may not otherwise be used or copied without our prior written approval or the prior written approval of the person or corporation who owns it, a copy which approval you will provide to us if we request it.

By placing material on our sites you give us a license to use that material, including altering it in any way, allowing us to use it as we see fit in any media anywhere in the world for the promotion of or information about our sites or business or software, and you will not make a claim against us for breach of copyright or intellectual property in that material

Governing Laws

The laws of the state of Queensland, Australia, govern these terms and conditions. Regardless of the situation of the property, or where you are located, you agree to submit to the jurisdiction of the courts of Queensland.

Terms and Conditions

A non-refundable booking fee of AU$3.85 applies to each booking. An AU$20.00 administration charge applies to each booking change or cancellation.

Cancellations

Please refer to the 'Operators Booking Policy' located on the booking form for the suppliers cancellation procedures.

ACCOMMODATION SPECIFIC TERMS & CONDITIONS

In addition to all of the above, the following terms and conditions also apply to holiday accommodation renters and owners.

We are simply a referral forum for short term holiday lets under 60 days. We are paid either a fixed advertising fee and/or a small fixed fee based on number of visitors and/or a small fee for referring a booking request from a renter to an owner (An owner as defined, may not actually be the registered proprietor of the property - they may be a manager or agent - please see the definition of owner).

We allow material to be put on our sites in good faith. Where we become aware of errors or inaccuracies we remove the material. We make some verification checks and when a complaint is made about a property we try to verify that complaint and if proven to our satisfaction we remove the material. However, any check made by us does not provide you with any promise as to the truth of the material on our sites.

By submitting your material on our sites, either as a renter or an owner you agree, you ask us to email and/or SMS your personal information to the owner or renter, as the case may be. Your personal information which we collect and retain may also be used, by us, to promote or inform you of our other products or services, which may interest you. You may notify us at any time that you no longer wish to receive marketing or promotional material by emailing info@missionbeach.com.au with REMOVE written in the subject line, and you will be removed from any e-mail lists. Your personal information will never be provided to any other party for their use.

Renters

You agree not to claim against us for the failure of a booking, for whatever reason.

If you are intending to stay at one of the properties described on our sites, you must rely entirely in your own enquiries and satisfy yourself as to the accuracy of the material on our sites. Whilst we may provide the initial means of contact between you, and the property we take no responsibility whatsoever for any transaction entered into between you and the owner.

We cannot promise that

1. The person administering a property is the owner or registered proprietor of that property.

2. That they have appropriate safety standards or insurance coverage.

The prices are fixed by the owner, we have absolutely no involvement in determining the:

1. price of or

2. value of or

3. suitability of or

4. safety for you or those accompanying you on any stay.

In return for your access to material on our site you agree not to make any claim against us. You agree to leave the property in a condition similar to that in which you found it and to report all damage and loss to the owner.

Owners

You agree to use this site only for advertising short term lets (under 60 days per stay). You agree that in return for the services specified on our site and in e-mails sent to you, you will pay the amounts specified for those services within 30 days of the invoice being forwarded to you and that if you do not pay that invoice your material may be removed from publication and we may commence proceedings against you for any money you owe us at our discretion.

You agree not to claim against us for the failure of a booking, for whatever reason.

You must ensure that the material uploaded to our site by you or someone on your behalf is the truth.

We take reasonable care to transcribe your material into an online format. However, we reserve the right to edit or condense material in any way we see fit and you agree not to claim against us for any change we make. In consideration of the publication of material you supply to us you agree not to make any claim against us including anything caused by our negligence. We reserves the right to refuse any material based completely on our own discretion.

In renting out your property you must rely entirely on your own enquiries and satisfy yourself as to the accuracy of the material sent to you by our site or appearing on our site, including your records and bookings kept on our site. Whilst we may provide the initial means of contact between you, and the renter we take no responsibility whatsoever for any transaction entered into between you and the renter. You agree to make no claim for:

1. the conduct or behaviour of renters,

2. anything from a failed booking

3. the non-payment of a tariff or rent

4. the state in which the property is left, or

5. damage which may be done to the property or neighbours

6. the loss of any data or records stored by us.

In consideration for the publication of your material on our site you agree not to make any claim against us.

By placing material on our sites you give us a license to use that material, including altering it in any way, allowing us to use it as we see fit in any media anywhere in the world. (see copyright section)

You agree to provide material that is truthful about the property, that is quiet, clean and safe to use as a rental property and that you have appropriate insurance cover for your own losses and claims that might be made against you by renters their guests and your neighbours. Where renters do not have exclusive use of the property or facilities this should be clearly explained.

Definitions

Material: means Text, graphics, photos, other media and or any information on our sites

Us, we, our: means Jodie Alderson ABN 93 496 837 730 trading as Mission Beach Booking Agent its directors and employees

Truth: Means reliability, accuracy or completeness

Claim: means a demand for payment, or rectification, or publication whether by litigation or otherwise and includes the loss or damage claimed and legal costs incurred

Promise: means a guarantee, warranty or representation

Negligence: wherever used includes our negligence as well as the deliberate or negligent acts of others

Sites: means all websites, Internet access portals, URL's capable of being accessed by a browser, including WAP and other formats operated and maintained by us

Renter(s): means person seeking to enquire about or stay at properties referred to in material on our sites

Owner(s): the person or company who represents themselves to us as the registered proprietors, agent, or administrator of the property

Stay: means the period of the rental of the property, to be under 60 days per stay.

Privacy PolicyOur Commitment to Privacy

This Policy must be read in conjunction with our Terms and Conditions, some of the words used here, for example owner, renter and material, are defined in those Terms and Conditions.

Jodie Alderson ABN 93 496 837 730 trading as Mission Beach Booking Agent its directors and employees (us) are committed to your privacy in accordance with the Privacy Act, the National Privacy Principles under that Act and requirements of the QLD Fair Trading legislation.

Our business is that of a web forum where property owners and renters can go online and exchange information to allow renters to enquire about stays at owner's properties. Most of our business concerns accommodation, many of our owners offer their holiday homes for short or casual stays. We therefore need to maintain a database of information and images of available properties and we need to record booking requests from renters.

Information collected by Us

If you are an Owner we collect the following information

  • Property Name
  • Contact Name
  • Your Email
  • Your Username and password for administration of your property
  • The Location and Street Address of you and your property
  • Your Contact Telephone numbers
  • The Accommodation Type
  • your URL your website if you have one
  • Authority type; ie are you an owner or a manager
  • images and descriptions of the property you supply (material)
  • Statistics about what numbers of people look at your property and booking requests you receive.
  • A database is maintained that will print this out for you and any comments or questions you record when a booking is made, detailed information to your cleaner, their password and username.

If you are a Renter we collect the following information

  • Your Name
  • Your Email address
  • Your Street address
  • Your Home, Work and Mobile Phone
  • The number of Adults and Children staying
  • Booking Type ie general or serious
  • Your age Range
  • Any comments or questions you leave when you book

Cookies are employed during the time you are visiting our site. We use Cookies so when you next visit you do not need to re-enter your details. We generate statistics for ourselves and our owners about how many people visit our sites and what they look at. We use databases, logfiles and cookies. Mostly the data retained will not be able to identify you as an individual in any meaningful way. If you breach our acceptable use policy or our Terms and Conditions we may take steps to identify you more accurately and we may seek information from your ISP or others to identify you.

If you do not wish to receive cookies you may set the security settings on your internet browser to refuse to give out cookies or tell you when this is happening. We may be able to assist you in this regard. If you send us an e-mail we can send you instructions for commonly used browsers.

Security Our sites are maintained in secure premises. Our employees and providers are required not to disclose your personal information in their contracts with us.

What we do with your Personal Information

We need to collect personal information to run our business which is to provide a meeting place for renters and owners and to help owners promote their properties, providing these services is our business. We also collect your personal information so that we can promote our services and special offers to you as a user of our site. Our policy is only to use your personal information for these purposes.

Your Personal Information and Others

Apart from giving the information your provided to us for the purpose you provided it ie to the particular renter or owner to access as you requested we do not sell or give your personal information to any other parties. We will only give your personal information if we are obliged to or permitted as set out under the Privacy Act or the national Privacy Principles.

Accessing or Changing your Personal Information

If at any stage you have information we have stored that you wish to change please let us know. Requests for this must be made via e-mail to info@missionbeach.com.au with PRIVACY ACCESS or PRIVACY CHANGE in the subject line of the e-mail. We will not only amend it but our Privacy Officer show you we have done so.

Links

Our site contains links to other sites. We are not responsible for Privacy of that site. You may wish to look for the privacy policy of those sites if they have one.

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