King bed studio with Ocean view in Legend Hotel

Rental Agreement Terms and Conditions

Serain Residences

1. IMPORTANT
1. These terms and conditions apply to all bookings made with Serain Residences.
2. Please read these terms and conditions carefully.
3. All bookings made via Participating Websites or with Serain Residences directly are made subject to these terms and conditions and the person making the booking will be deemed to have accepted these Terms and Conditions on behalf of all persons who will be staying at the Participating Property under the booking once any payment is made in relation to the booking.
4. Bookings may also be governed by and subject to additional terms and conditions which are applied by individual Participating Properties. These terms and conditions may relate to items such as payments, deposits, and cancellations and are displayed as bookings. If there is any inconsistency between the Participating Property terms and conditions and these Terms and Conditions, the latter will prevail.
5. If booking via your Travel Agent the terms and conditions provided by your Travel Agent will apply to your booking and you should ask your Travel Agent for a copy of these terms and conditions.
6. Some Terms and Conditions vary according to the property type or booking type which are displayed at the time of booking. You should ensure that you carefully read the terms and conditions displayed at the time of booking together with these Terms and Conditions to ensure you are aware of all of the Terms and Conditions that apply to your particular booking.
7. Any prices, fees, deposit amounts, or charges which are specified or referred to in these terms and conditions are in the same currency as the booking to which they relate.
2. DEFINITIONS

1. In these Terms and Conditions:
1. “Best Available Rate” means the best rate available on any given day for a particular Participating Property.
2. “Child” has the meaning given in clause 21.
3. “Booking Credit” means credit which may be applied to future accommodation or accommodation package bookings with Serain Residences subject to clause 12.
4. “Gift Card” means a gift card bearing the Serain Residences.
5. “Infant” has the meaning given in clause 21.
6. “Serain Residences” means Serain Residences Pty Ltd trading as Serain Residences.
7. “Non-refundable Booking” means a booking at any Participating Property which is advertised as a booking that has Booking Conditions that states it is a non-refundable booking.
8. “PAP Booking” means a booking at any Participating Property which is advertised as a booking that has Booking Conditions that do not require a deposit or prepayment to be made to finalise the booking.
9. “Participating Properties” means any property associated with Serain Residences
10. “Participating Website” means any of the following websites: www.Serain Residences.com.au or any website owned by or pertaining to a Participating Property.
11. “Password” means, if you are a Serain Residences member, your Serain Residences password.
12. “Standard Booking” means a booking at any Participating Property other than a PAP Booking, or Non-refundable Booking.
13. “You” and “Your” mean the person who is making the booking.
14. “Username” means, if you are a Serain Residences member, your Serain Residences  username.

3. PHOTOGRAPHIC IDENTIFICATION

1. When you check-in you may be asked to provide photographic identification.
2. If you are unable to provide such identification your booking may be cancelled, and you may be liable to pay Serain Residences an amount equal to the full booking amount plus any other costs incurred by Serain Residences in connection with the booking. Accordingly, any pre-payment you have made in relation to the booking will be forfeited to Serain Residences under this term.

4. HOW TO BOOK / QUOTES AND RESERVATIONS

1. Bookings can be made online via any of the Participating Websites or with Serain Residences direct by calling Central Reservations on 02 9157 1004 or + 61 406 157 628 if calling from overseas.
2. Bookings are subject to the availability and applicable pricing of the relevant Participating Property at the time of the booking and some conditions and/exclusions may apply including but not limited to minimum stay requirements.
3. Any quote given is an estimate only of price and the price will only be confirmed once a payment is made on the booking and you receive written advice from Serain Residences that the payment has been received and the booking has been confirmed.
4. Any confirmed price is subject to change if:

1. a payment which is due on a booking is not received by Serain Residences by the date the payment is due; or
2. there is a change in or imposition of a government charge, tax or levy which entitles or necessitates Serain Residences changing the price of your booking.
3. any details relating to your booking are amended, for example your dates of stay, your room type or the number of persons staying under your booking, in which case clause 9 will apply.

5. If the price of a booking is changed under clause 4.4 you may pay the new price for your booking.
6. If you reasonably believe a written confirmation or invoice which has been provided to you is incorrect, you can request that Serain Residences reissue that written confirmation or invoice and you may either pay the amount specified on the reissued written confirmation or invoice by the date which it is specified as being due, or cancel your booking.
7. If you make a booking via a Participating Website you can view details of your booking under the 'My Bookings' area once you access the Participating Website using the login details you created when you made the booking.

5. PAYMENT

1. Payments may be made by Visa, Mastercard allow 7 days transaction time. Card payment depends on availability.
2. Payments for bookings at Participating Properties in Australia and New Zealand may be made using Gift Cards. Internet banking payment is available only for bookings made online and using an Australian bank account.
3. If payment is not made for your booking by the time shown in the conditions displayed at the time of booking, then you authorise Serain Residences to charge the credit card used to confirm your booking be charged for the outstanding amount of your booking.
4. A non-refundable card surcharge will apply to payments made by Visa, Mastercard. Fees will apply to payments made by Merchant pay. The surcharge applied to these cards may vary and is displayed at the time payment for the booking is to be made. No surcharge will be applied to payment made using internet banking.
5. Serain Residences accepts no responsibility for monies paid by you to a travel agency until cleared funds are received in the bank account of Serain Residences.

6. DEPOSIT AND FINAL PAYMENT

1. For bookings details of a valid credit card must be entered to confirm your booking.
2. Full payment must be received in accordance with the conditions for payment displayed at the time of booking (“Payment Date”). If payment is not made before the Payment Date, full payment (or the remaining portion if part payment has been made) will be charged and you authorise Serain Residences to charge, the credit card entered at the time of booking.
3. If any deposit or final payment is not received by the Payment Date, Serain Residences reserves the right to cancel the booking.
4. Once final payment of your booking has been made confirmation of that payment and your booking will be sent to you via email or post to the email or postal address you provided at the time you made the booking.

7. RATES AND CHARGES

1. The currency applicable to any quoted rates will be specified with the quoted rate. All quoted rates are subject to change at any time until full payment is received.
2. Quoted rates are inclusive of all compulsory government or regulatory charges and taxes (for example GST) where applicable.
3. Quoted rates do not include transport to or from the Participating Property or items of a personal nature including but not limited to laundry, telephone, taxis, room service, meals or transfers, airport taxes), unless otherwise indicated.
4. If you have been quoted a rate that includes meals and or transport you should contact the relevant Participating Property directly to obtain details of these inclusions.
5. Some rates which are quoted are valid only for a minimum number of nights and if the number of nights included in your booking changes the rate may also change.
6. For information on rates for Children, Infants and extra persons, please refer to clauses 21 and 22.
7. Please visit the relevant Participating Property website or contact that Participating Property direct for further information on specific inclusions and exclusions.

8. REFUNDS

1. Any amount paid by you to Serain Residences for your booking (including deposits) shall be dealt with as stated in the conditions displayed at the time of booking and these Terms and Conditions.

9. AMENDMENTS

1. All amendments are subject to the availability and applicable pricing of the relevant Participating Property at the time the amendment is requested.
2. The conditions applying to amendments for bookings will be displayed at the time of booking.
3. For all Bookings, amendments may be requested in the following manner:

1. Up to 14 days prior to your scheduled check-in time: via a Participating Website or via our Central Reservation service by calling 02 9157 1004.
2. Within 7 days of your scheduled check-in time: we do not accept any amendments or change on your existing bookings.

4. If the rate which applies to an amended booking is greater than the rate which applied to the original booking, you must pay the difference along with any amendment fee in full at the time the amendment is approved.

10. CANCELLATION

1. The conditions applying to the cancelation of your booking will be displayed at the time of booking.
2. Any cancellation fees payable by you will be deducted from any monies paid by you to Serain Residences and if insufficient funds are available or if your booking is a PAP Booking, Serain Residences may charge, and you authorise Serain Residences to charge, the credit card the details of which you provided at the time of making your booking.
3. Any surcharge applied to credit cards at the time payment for the booking is made will not be refunded.
4. We will strictly adhere to the cancellation policy outlined on the booking platform or website where you made your reservation.

11. NO-SHOWS OR TERMINATIONS

1. If you do not show up for your booking or terminate your booking early after you have checked in you will be charged a 100% cancellation fee and will be required to pay to Serain Residences the full amount of your booking less any amount which you have already paid.
2. For PAP Booking, Serain Residences may charge, and you authorise Serain Residences to charge, the credit card the details of which you provided at the time of making your booking.

12. BOOKING CREDIT

1. If you have been issued with Booking Credit to be applied to future accommodation or accommodation package bookings with Serain Residences such credit will remain valid for six months from the day the booking is cancelled.
2. Booking Credit may only be used to pay for bookings at Participating Properties located within the same currency jurisdiction as the cancelled or refunded booking which generated the Booking Credits.
3. Booking Credit may only be used to pay for the accommodation portion of your booking and may not be used for non-accommodation items such as restaurants, car parking, transfers, laundry, telephone, spa services, tours or taxes not included in accommodation rates.
4. To redeem Booking Credit you must make your booking via Serain Residences Central Reservations by calling 02 9157 1004.
5. Any stay to be fully or partly paid for using Booking Credit must be booked and paid for in full prior to the expiry of the 6-month validity period.
6. Any Booking Credit not redeemed at the expiry of the 6-month validity date will be forfeited in its entirety to Serain Residences.
7. Administration fees may apply to bookings made using Booking Credit.

13. CHECKIN

1. Standard check-in time is 3:00pm but times may vary for particular Participating Properties, and you should confirm the check-in time with the relevant Participating Property prior to your scheduled check-in day.
2. If you wish to guarantee your ability to check-in prior to 3:00pm you must book additional night’s stay and pay the applicable rate for that additional night.

14. CHECK-OUT: STANDARD

1. Standard check-out time is 10:00am but times may vary for Participating Properties, and you should confirm the check-out time with the relevant Participating Property prior to your scheduled check-out day.

15. CHECK-OUT:Serain Residences membership

1. Serain Residences members who book via a Participating Website using their Username and Password may request a 11:00 P.M. check out time.
2. Requests for a 11:00 P.M. check-out should be made directly with the relevant Participating Property prior to or when you check-in and may be approved by that Participating Property in its absolute discretion.
3. If a 11:00 P.M. check-out time is approved, it will be provided to you at no extra charge.

16. LATE CHECK-OUT

1. If you wish to check-out later than the standard check-out time you must obtain approval from property management at least 12 hours prior to your scheduled check-out time.
2. Property management may approve a request for late check-out in their absolute discretion.
3. If you check-out of a non-capital city property after 10:00am the following additional charges will be applied to your account and will be payable by you on check-out:

1. a surcharge of $100.00 per hour for every hour after 10:00am that you fail to check-out; or
2. if you check-out after 2pm a charge equivalent to the fully daily rate which applies to your booking.

4. If you check-out of a capital city property after 10:00am the following additional charges will be applied to your account and will be payable by you on check-out:

1. if you check out before 12:00 noon with prior approval from property management no surcharge will apply.
2. if you check-out between 12:00 noon and 1:00pm a surcharge of $150.00.
3. if you check-out between 1:00pm and 2:00pm a surcharge of $200.00; or
4. if you check-out after 2pm a charge equivalent to the fully daily rate which applies to your booking.

17. SECURITY DEPOSITS

1. You must provide a credit card authorization or imprint when you check-in and for a PAP Booking you must make full payment for your booking at that time.
2. The authorization may be used to cover incidental items including but not limited to telephone charges, security bond or deposit for any breakages or damage incurred during your stay or cleaning charges more than the normal level of cleaning.
3. The pre-authorization process validates your credit card and protects both the cardholder and merchant from increasing fraud incidents.
4. The pre-authorized amount is set aside by the card issuer for a period of up to 14 days from the date of pre-authorization and the pre-authorization will affect your available funds balance or spending limit. For more information on this practice please contact your card issuer.
5. Once a pre-authorization has been made, Serain Residences cannot release, remove, or lower the authorized amount, until we process the final account on departure. This is a restriction imposed by the card issuer and cannot be negotiated.
6. Where a credit card is not available a minimum $300.00 internet banking transfer deposit will be required on check-in. (The actual amount required may be higher at some Participating Properties)

18. ROOM ALLOCATION
1. In the unlikely event that Serain Residences cannot provide accommodation at the Participating Property for which you have booked, Serain Residences will at no additional expense to you relocate you into an alternative property which in the reasonable opinion of Serain Residences is of comparable quality and in a comparable location.
2. If a property of comparable quality in a comparable location is not available, Serain Residences may relocate you to a property of less comparable quality or less comparable location in which case Serain Residences will pay you an amount which it reasonably believes represents the difference between the rate payable for the alternate property and the rate paid by you for the Participating Property at which you had booked.
3. Should you wish to be relocated to an alternative property other than the property chosen by Serain Residences under this term, you will be required to pay any difference in price between the Serain Residences's choice of property and your chosen property.
4. If you and Serain Residences cannot agree on an alternative property under this clause, then you may request Serain Residences cancel your booking and issue you with a Booking Credit for the full amount of that booking less any amounts which you owe to Serain Residences.
5. If you and Serain Residences cannot agree on an alternative property under this clause and you do not wish to be issued a Booking Credit under clause 18.4 then you may request that Serain Residences cancel your booking and provide you with a refund for the full amount of that booking less any amounts which you owe to Serain Residences.
19. HOTEL AND APARTMENT SERVICING

1. All bookings de not include room servicing or may include a daily or weekly room servicing depending on the rate which has been quoted and you should confirm at the time of your booking whether your booking includes room servicing.

20. CHILD POLICY

1. For the purposes of this clause “Child” or “Children” means a person or persons aged between 2 years and 11 years; “Infant” means a person under the age of 2 years; and “Adult” means a person aged over 18 years. All ages will be determined from the date at which accommodation commenced.
2. Subject to sub paragraph 21.4, Children and Infants sharing a room with their parents or guardians may do so free of change if using existing beds and linen and not exceeding the maximum occupancy for the given room type.
3. Children and Infants may not stay in any room without an Adult.
4. Additional charges will apply if extra beds or linen (including rollaway, sofa beds or cots) are required. These are charged at the extra person rate. Extra person rates will be charged on a Room Only basis, unless otherwise stated.

21. EXTRA PERSON POLICY
1. Persons aged over 12 years will be charged Extra Person rates for each person staying in a room which exceeds the maximum occupancy for the room type, or where extra beds or linen are required.
2. Extra person room rates will be charged on a Room Only basis, unless otherwise stated.
22. FACILITIES AND SERVICES

1. Whilst care is taken to ensure that the description of facilities and services of the Serain Residences is accurate, these are continually being changed, upgraded, and on occasion taken out of service and if any feature/facility is essential to you in choosing a particular property, it is your responsibility to confirm with the property prior to making your booking that the feature/facility will be available during your stay.
2. To the extent permitted by law Serain Residences is not liable for omissions, errors or changes to the facilities and services at a property, whether temporary or permanent.
3. Accommodation facilities listed may not apply to all room types.

23. SPECIAL REQUESTS

1. Whilst Serain Residences attempts to satisfy all special requests, Serain Residences does not guarantee that special requests can be accommodated.

24. MAPS AND IMAGES

1. Map images, if shown, are for general information and may not necessarily reflect actual routings, locations or services provided.
2. Destination shots may have been supplied to Serain Residences by third parties and Serain Residences does not guarantee the accuracy of any destination shots.
3. Photos and floor plans are indicative only. Actual rooms occupied may vary in decor and inclusions from those shown.

25. TRAVEL INSURANCE

1. Serain Residences strongly recommends that at the time of booking you purchase comprehensive travel insurance to cover items including but not limited to loss of booking amount through cancellation, loss or damage to personal baggage, loss of money and medical expenses.

26. UNACCOMPANIED MINORS

1. All guests under the age of 18 must be accompanied by a responsible adult such as a parent, stepparent, guardian or other adult who has parental rights and responsibilities for the under 18 year old guest.
2. If a guest is found to be a person under the age of 18 who is not accompanied by a responsible adult Serain Residences may immediately cancel the guest's booking and the full booking amount will be forfeited to Serain Residences under this clause.

27. THIRD PARTY PRODUCTS AND SERVICES

1. Third party products or services are sometimes sold together with accommodation provided by Serain Residences. In such circumstances the third party is entirely responsible for supplying the products or services to you and any involvement Serain Residences has in facilitating your booking with the third party is as the third party's agent. Serain Residences is in no way the supplier of the products and services and to the extent permitted by law Serain Residences is not liable for any failure by the third party to provide the products or services, nor for any act, error, omission, default or negligence of the third party.
2. All third party coupons, vouchers, receipts and tickets are issued subject to the terms and conditions specified by those third parties.
3. Serain Residences does not warrant the accuracy of any information, statements or representations made by third parties

28. RELEASE, INDEMNITY AND PROPORTIONATE LIABILITY

1. To the extent permitted by the law, you agree to release, indemnify and hold harmless, Serain Residences and its current and former officers, employees, contractors, sub-contractors/consultants (including their respective employees and contractors) and agents against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your booking or your stay at the relevant Participating Property except to the extent such expense, cost, liability, claim, action, proceeding, damage, judgment or loss arose out of, was caused by, attributable to or resulted from Serain Residences's negligence, wrongful act/omission or breach of these terms and conditions.
2. To the extent permitted by law the aggregate of Serain Residences's liability to you is limited to an amount not exceeding the amount paid by you for your booking.
3. Each indemnity in these terms and conditions is a continuing and independent obligation and survives the termination or expiry of these terms and conditions.

29. CONSUMER LAW

1. To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Serain Residences are excluded under these Terms and Conditions.
2. 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 Serain Residences to limit its liability, then Serain Residences's liability is limited to:
1. in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
2. 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.

30. EVENTS BEYOND CONTROL

1. Serain Residences is not responsible for any loss arising out of any occurrences or conditions beyond its control, including but not limited to acts of terrorism, act of God, defects in vehicles, war, strikes, theft, delay, cancellation, civil disorder, disaster, Government regulations or changes in itinerary or schedule.
2. All travel documents, observance of laws and government regulations are your responsibility.

31. USE OF INFORMATION

1. You consent and authorise Serain Residences and the relevant Participating Property to collect, use and disclose your personal information for the purposes of administering your booking and providing you with any services associated with your booking.
2. You consent to information which you have provided to Serain Residences or the relevant Participating Property as part of your booking being used by Serain Residences, the relevant Participating Property or any of their related bodies corporate for the purpose of informing you about offers and promotions which relate Serain Residences, Serain Residences's related bodies corporate or Participating Properties.
3. Serain Residences will not provide or disclose any information you have provided to Serain Residences or the relevant Participating Property to any person other than a related body corporate without your prior written consent.
4. Upon request by you and to the extent permitted or required by law, Serain Residences will provide you with access to and/or the ability to correct your personal information however only the person who made the booking will be entitled to access and/or correct personal information pertaining to that booking.
5. For more information, please refer to the Privacy Policy on the website of the relevant Participating Property.

32. GENERAL

1. The Terms and Conditions are governed by and will be construed in accordance with the laws of the State of Queensland, Australia.
2. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.