Accommodation Terms & Conditions

These terms and conditions regulate both the booking you make and the occupation of your room when you stay with us here at TRADE WINDS COUNTRY COTTAGES NORFOLK ISLAND which is owned and operated by Rachel Anna Wills and Ian McGregor Wills(ABN 67 964 679 189) (“Trade Winds”, “we”, “us”).

These Accommodation Terms and Conditions also incorporate our Website Terms of Use and Disclaimer and Privacy Policy, all of which can be found on our Website located at https://www.tradewindsnorfolkisland.com (“Site”).

We take every care to make sure that our online booking system is accurate and up to date, but from time to time mistakes may occur (for example, a pricing error or availability issue). We reserve the right at any time to modify or discontinue the services without any advance notice to you.

Definitions

“Room”:  means any room or cottage offered for booking by us.

“Premises”:  means our accommodation located at 242 Stockyard Road, 2899 Norfolk Island, Australia

“Services”:  means the provision by us of any accommodation and/or supply of food and drink and other services including car rental.

General Conditions

Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By checking the box marked “I Agree” or “I Accept”, or otherwise completing a booking reservation with us, you indicate that you have read, understood and agree to be bound by these conditions. You acknowledge and agree that:

• You understand exactly what is included in the Room and Services and you are satisfied that they are suitable and satisfactory for your requirements;
• When you submit a booking through the Site, no agreement is formed until we process and accept your booking and send you confirmation. Your payment does not create a contract. We may change this agreement and /or the way we provide a Room, at any time.
• One or more notices in a Room you have booked or around the Premises may contain information or our requirements as to procedures and behaviour. By accepting this agreement, you are deemed to have accepted these notices as being incorporated in this agreement.
• If you are booking on behalf of others, you have full authority to do so and you accept personal liability for any breach of this contract by any person who comes onto our property.

Price and Payment

Trade Winds is committed to accommodating your needs so we’ve streamlined our reservation system, through our Site, our preferred method for bookings.

Our Room and Service fees are listed on the Site (subject of course to the proviso above, in the case of accidental errors and omissions) and displayed at the Premises. We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice.

You agree to pay us the Room and Services fees listed on the Site as follows:

• A deposit of 25% of the total Room fees + Services is required to confirm a booking;
• The balance of the total Room fees + Services is required 30 days prior to the arrival date.

We accept payment by cash, credit/debit card (VISA, Mastercard) or direct transfer to our nominated bank account.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor or credit provider which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our Site for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our Site, please contact them directly.

If you fail to pay us for a booking, or if an insolvency event occurs in relation to you (for example, if you commit an act of bankruptcy or become insolvent), we may terminate this agreement.

Arrival and departure times

Rooms are available from 2.00pm on the arrival date. Please let us know if you are likely to arrive after 8.00pm.

Check out time is 10.00am (unless otherwise extended or agreed by us) on the day of departure. Unfortunately, if you do not vacate by this time, we may charge you an additional night.

Changes and Cancellations

We understand situations can arise in which you must cancel or change your booking. Due to limited Room availability, we request that you change or cancel with adequate notice.

If you would like to change your booking to a date, we recommend you get in touch with us as soon as possible to discuss your options. Transfer is subject to availability.

If you need to cancel your booking, the following cancellation fees will be payable:

• 30 days or more before the arrival date, a cancellation fee equal to 25% of the total accommodation booking (Room fees + Services) will be deducted from the deposit paid;
• More than 7 days but less than 30 days before the arrival date, a cancellation fee equal to 50% of the total accommodation booking (Room fees + Services) will be deducted from the deposit paid; and
• For accommodation cancelled within 7 days of arrival, or failure to show, a cancellation fee equal to 100% of the total accommodation booking (Rooms fees + Services) will be payable. (Ie no refund will be provided).

Sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services, injury or illness of key personnel or government travel restrictions) get in the way. If circumstances we can’t control affect our ability to offer Rooms or Services order, you release us from any obligation to offer them while those circumstances continue. While they continue, we may choose to cancel your booking, or otherwise to complete it once things have returned to normal.

Refund Policy and Procedure

Please note that our refund policy is limited to refunds under the Australian Consumer Law and our cancellation policy, as referred to above.

We strongly recommend you obtain travel insurance to cover cancellations, loss, damage, delays and illness.

You may cancel by contacting us by phone or email only.

Discounts

We may offer discounts from time to time. Please note that discounts are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both) and cannot be applied to existing bookings.

Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made (whichever occurs first).

Discounts are subject to availability and we reserve the right to revoke any discount offer, or any tour to which a discount is applicable, at any time without notice.

Premises Rules

During your stay with us at Trade Winds, we require all guests to adhere to the following rules:

• If you have been quoted for and have indicated the number of persons staying in your party, please note that any extra persons, including any children, who stay in our Rooms, will incur an extra fee and charge if they were not included in the original requested quote.
• Keep and leave the Premises and the furnishings, kitchen equipment, crockery, glasses, bedding, etc in good condition. You also agree to ensure all electrical equipment and white goods are left clean and in good condition. Any issues with any contents in the Rooms must be notified immediately to the Manager so that we may rectify any damage or any breakage.
• Agree to no cause any damage to the walls, doors, carpets or windows of the Premises, nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties.
• Our Rooms are non-smoking and pet free, you are asked to abide by these requirements strictly. Otherwise we may require additional payment for any cleaning of furniture, walls, carpets etc in order to extinguish any damage caused by either the smokers or pets.
• Agree to take all necessary steps to safeguard your personal property. No liability to you is accepted in respect of damage to or loss of such property, except where the damage or loss is caused by our negligence.
• Obey any signs, directions or safety notices displayed in the Premises.
• If requested by us sign waiver forms prior to participation in activities.

Advice and information

We may give you advice, recommendations, information or assistance. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability.

Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL).

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law.

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to a refund of the Room fees, or the cost of supplying the Services again.

To the extent permissible by law, we won’t, under any circumstances, be liable for negligence or any consequential loss or damage or other direct or indirect loss or damage.

Disclaimer and Limitation of Liability

Where our Services fall within the scope of the Australian Consumer Law, we limit our liability to you to the fullest extent permissible by law, including by limiting our liability under section 64A of the Australian Consumer Law. We specifically exclude liability for negligence. To the maximum extent permissible by law, we exclude liability for consequential loss or damage, including loss of business profits.

Otherwise, we exclude all liability to you (including for negligence and consequential loss or damage, including loss of business profits) and you hereby waive, release and discharge, on a continuing basis, all claims you have or may have against us relating to the provision of the services, however arising.

Indemnity

You indemnify Trade Winds against:

1. any and all losses incurred by Trade Winds.
2. any and all liabilities incurred by Trade Winds (excluding any liability by Trade Winds to you which cannot be excluded by law); and
3. any and all costs actually payable by Trade Winds to its own legal representatives (whether or not under a costs agreement) and other expenses incurred by us,

in connection with any demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal) arising directly or indirectly as a result of or in connection with any act or omission of you or any person on whose behalf of you have booked.

If for any reason the ACL doesn’t apply to a booking you place with us, then we exclude all liability to you and we’ll only refund a booking, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.

To make an ACL-related claim, please contact us at hello@tradewindsnorfolkisland.com

Severance

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

Termination

We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.

Jurisdiction

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of New South Wales, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.

Last updated: 9 August 2022.

Privacy Policy

This Privacy Policy sets out the commitment of Rachel Anna & Ian McGregor Wills trading as TRADE WINDS COUNTRY COTTAGES (“Trade Winds”, “we”, “us”) to protecting the privacy of personal information we collect about you, including through our website, located at https://www.tradewindsnorfolkisland.com, our social medial channels as well as through our other business operations or directly from you and constitutes part of our Website Terms and Conditions.

This Privacy Policy does not cover information that you submit on other websites, even if we communicate with you on those sites, eg if you post something on Instagram, Facebook, Pinterest, Twitter or YouTube, that information is governed by the privacy policies on those websites, and is not governed by this Privacy Policy.

We handle your personal information in a responsible manner in accordance with the Privacy Act 1988 and the Australian Privacy Principles.

By using any of our products or services, visiting our website or giving us your personal information you agree to your information being collected, stored, used and disclosed as set out in this policy.

If you don’t want to provide personal information to us, then you don’t have to, however we may not be able be able to conduct business with you and this may affect your use of this website.

What is “personal information”?

The types of personal information we collect may include:

• name and date of birth;
• residential and business postal addresses, telephone/mobile and email addresses;
• bank account and/or credit card details for agreed billing purposes;
• your computer and connection information;
• information about staff as required in the normal course of human resource management and the operation of a business; and
• any information that you otherwise share with us.

Information provided to payment gateway providers

All purchases that are made through this site are processed securely and externally by one or more third party payment gateway providers. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to such third party payment gateway providers, other than information that is required in order to process your booking (eg, your name, email address and billing/postal address).

Information that you provide to us

We may collect personal information that you provide to us about yourself when you:

• purchase any products or services from us. For example, guests who reserve accommodation, functions, conference and leisure facilities and food and beverage products;
• se this site, including (without limitation) when you add reviews, forum or chat room messages or comments in any elements of this site that permit user-generated content; or complete an online contact form to contact us;
• provide a service or product to us;
• apply for employment with us;
• provide information to us by telephone or through marketing; or
• send us an email or other communication.

Cookies

We use cookies, this helps us improve the products and services we provide. 

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. Cookies can also be used to analyse traffic and for advertising and marketing purposes. They do not harm your systems and the HELP function in your browser will tell you how to restrict or block the cookies. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. If you use browser settings to block all cookies, you may not be able to access all or parts of our Site.

Web Beacons

We may use web beacons (or clear gifs) on our website and in our emails. So basically, when we send emails, we have the ability to track behaviour such as who opened the emails, who clicked the links and collection information such as your IP address, your browser or email type, we then put this information together to improve the performance of our email campaigns and provide you with better and/or services specific to your needs. You will always have the ability to opt out of any emails we send just click the link in the email that says “unsubscribe”.

Third-party cookies

In some cases, third parties may place cookies through this site. For example:

• Google Analytics, one of the most widespread and trusted website analytics solutions, may use cookies de-identified data about how long users spend on this site and the pages that they visit;
• Google AdSense, one of the most widespread and trusted website advertising solutions, may use cookies to serve more relevant advertisements across the web and limit the number of times that a particular advertisement is shown to you; and
• third party social media applications (eg, Facebook, Twitter, LinkedIn, Pinterest, YouTube, Instagram, etc) may use cookies in order to facilitate various social media buttons and/or plugins in this site.

How we may use your personal information

Your personal information may be used in order to:

• verify your identity;
• provide you with the products and services you have requested from us;
• process any purchases of products that you may make through this site, including charging, billing and collecting debts and shipment of products to you;
• respond to any queries or feedback that you may have;
• conduct appropriate checks for credit-worthiness and for fraud;
• prevent and detect any misuse of, or fraudulent activities involving, this site;
• conduct research and development in respect of our products and/or services;
• gain an understanding of your information and communication needs or obtain your feedback or views about our products and/or services in order for us to improve them; and/or
• maintain and develop our business systems and infrastructure, including testing and upgrading of these systems; and
• for any other purpose reasonably considered necessary or desirable by Trade Winds in relation to the operation of our business.

From time to time we may email our customers/clients with news, information and offers relating to our own products/services or those of selected partners. Your personal information may also be collected so that Trade Winds can promote and market products and services to you. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you choose.

When we may disclose your personal information

• In order to deliver the products and services you require or for the purposes set out above, Trade Winds may disclose your personal information to outside organisations. Your personal information disclosed to these organisations only in relation to this site, and we take reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:
• customer/client enquiries;
• mailing systems;
• billing and debt-recovery functions;
• information technology services;
• marketing, telemarketing and sales services;
• market research; and
• website usage analysis.

In addition, we may disclose your personal information to:

• your authorised representatives or legal advisers (when requested by you to do so);
• credit-reporting and fraud-checking agencies;
• credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);
• our professional advisers, including our accountants, auditors and lawyers;
• government and regulatory authorities and other organisations, as required or authorised by law; and
• the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.

Access to and correction of your personal information

You may access or request correction of the personal information that we hold about you by contacting us. There are some circumstances in which we are not required to give you access to your personal information.

There is no charge for requesting access to your personal information but we may require you to meet our reasonable costs in providing you with access (such as photocopying costs or costs for time spent on collating large amounts of material).

We will respond to your requests to access or correct personal information in a reasonable time and will take all reasonable steps to ensure that the personal information we hold about you remains accurate, up to date and complete.

Complaints

If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your personal information, you should contact us. Our contact details are set out below.

We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this investigation and any subsequent internal investigation.

If you remain unsatisfied with the way in which we have handled a privacy issue, you may approach an independent advisor or contact the Office of the Australian Information Commissioner (www.oaic.gov.au) for guidance on alternative courses of action which may be available.

Changes to this policy

From time to time, we may change our policy on how we handle personal information or the types of personal information which we hold. Any changes to our policy will be published on our website.

You may obtain a copy of our current policy from our website or by contacting us at the contact details above.

Contacting us

If you have any questions about this Privacy Policy or would like further information, please don’t hesitate to get in touch.

Rachel & Ian Wills

PO Box 955 Norfolk Island 2899, Australia PO Box 955

Phone

(p) +6723 222 95

(m) +6723 522 81

(email) hello@tradewindsnorfolkisland.com

Last updated: 9 August 2022

Website Terms of Use and Disclaimer

Welcome to our website. This website (located at https://www.tradewindsnorfolkisland.com) (“Site”) is owned and operated by Rachel Anna & Ian McGregor Wills trading as TRADE WINDS COUNTRY COTTAGES (ABN 67 964 679 189) (“Trade Winds”, “we”, “us”). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms of use and disclaimer which, together with our Privacy Policy, govern our relationship with you in connection with this Site. Should you not agree with any of these terms and conditions, please do not use our website.

Please note that further terms and conditions govern the services described on our website. Please refer to our Booking Terms and Conditions.

Your use of this website is subject to the following terms of use:

Use of our Website

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

How you may use material on our Site

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the website, and is protected by copyright under the laws of Australia and through international treaties.

All designs, trade marks, service marks and trade names are owned, registered and/or licensed by us, save for any trademarks reproduced on this website which are not the property of or licensed to us, which are acknowledged on the website.

As a user of our website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our website in accordance with these terms, to copy and store the website and its content in your device’s cache memory and to print pages from the website for your own personal and non-commercial use.

If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website.

Do not rely on information on this Site

This Site is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

Limitation of liability

In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to your User Contributions, your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these terms.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services or products to you, which will be set out in our Accommodation Terms and Conditions.

We are not responsible for viruses

We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.

You are responsible for configuring your technology to access our Site. You should use your own antivirus software.

Rules about linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

Privacy

These terms also include our Privacy Policy, which is available on our website.

No Affiliation

Our Site is not a part of the Facebook website, Facebook Inc, YouTube, Instagram, Snapchat, Twitter or Google nor is it endorsed or affiliated with any of those websites or their owners in any way.

Jurisdiction

These terms of use, their subject matter and their formation, are governed by the laws of New South Wales. You and we both agree that the courts of New South Wales will have exclusive jurisdiction.

Prohibited uses

You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:

• in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
• for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these terms;
• to transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing); or
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

Additionally, you agree not to:

• use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
• use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
• use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
• use any automatic or manual process to reverse engineer or decompile any part of the Site;
• use any device, software or routine that interferes with the proper working of the Site;
• introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
• attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
• attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
• otherwise attempt to interfere with the proper working of the Site.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Online bookings

All bookings through our Site or other transactions for accommodation or services formed through the Site or as a result of visits made by you are governed by our Accommodation Terms and Conditions of sale, which are incorporated into these terms.

We may make changes to these terms

We reserve the right to change or modify these terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these terms prior to use and periodically throughout your use of our Site and services. If at any time you choose not to accept these terms, you should not use this Site.

Last updated: 9 August 2022