1. Terms and Conditions
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly made available online, through any mobile device, by email, or by telephone. By accessing, browsing, and using our website through whatever platform (hereafter collectively referred to as the “Website”) and/or by completing a reservation, you acknowledge and agree to have read, understood, and agreed to the terms and conditions set out below (including the privacy statement).
“Budget Motels”, “us,” “we,” or “our” means National Budget Referral Chain Limited, a company incorporated in Australia.
“Provider” means the professional provider of accommodations as from time to time available for Reservation on the Website.
“Reservation” means the order, purchase, payment, booking, or reservation of a Stay.
“Service” means the online payment or reservation service as offered or enabled by Budget Motels (or its related bodies corporate) in respect of Reservations as from time to time made available by Providers on the Website.
“Stay” means the accommodation that can be reserved by you with a Provider.
“Website” means the website on which the Service is made available owned, controlled, managed, maintained, and/or hosted by Budget Motels.
3. Scope of Service
a. Through the Website, we provide an online platform through which Providers can advertise their products for Reservation. By using or utilising the Service (e.g. by making a Reservation through the Service), you enter into a direct (legally binding) contractual relationship with the Provider with which you make a reservation.
b. From the point at which you make your Reservation, we act solely as an intermediary between you and the Provider, transmitting the relevant details of your Reservation to the relevant Provider(s) and sending you a confirmation email for and on behalf of the Provider.
c. When rendering our Service, the information that we disclose is based on the information provided to us by Providers. As such, the Providers that market and promote their Stay on the Website are fully responsible for updating all rates/fees/prices, availability, policies and conditions, and other relevant information which is displayed on our Website.
d. Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) maintenance, upgrade, or repair of our Website or otherwise), inaccurate, misleading, or untrue information or non-delivery of information.
e. Each Provider remains responsible at all times for the accuracy, completeness, and correctness of the (descriptive) information (including the rates/fees/prices, policies and conditions, and availability) displayed on our Website. Our Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, or rating of any Provider (or its facilities, venue, vehicles, (main or ancillary) products or services) made available.
f. Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep link, use, copy, monitor (e.g. spider, scrape), display, download, or reproduce any content or information, software, reservations, tickets, products, or services available on our Website for any commercial or competitive activity or purpose.
4. Payments and Fees
a. Additional charges may be levied by Providers during your Stay for goods and services over and above the accommodation which is the subject of your Reservation. These charges may also be subject to additional merchant fees at point of sale.
b. We are entitled to collect payment on behalf of Providers in relation to a Reservation. A non-refundable 2.2% service and handling fee applies to all payments made through the Website.
c. Budget Motels throughout Australia & New Zealand accept MasterCard, Visa and American Express. Payments are processed in Australia and your bank statement will note the payee as “Budget Motel Chain Frankston”.
d. Budget Motels has stringent fraud detection and prevention mechanisms in place and has achieved PCI DSS compliance certification. When processing payment we may have to verify:
(i) the validity of the payment of the card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the travel supplier), and
(ii) the availability of funds on the payment card (to be confirmed by the bank issuing your credit card). Many bank and credit/debit card companies charge their account holders a transaction fee when the card issuer and the “merchant location” (as defined by the card brand (e.g. Visa, MasterCard, American Express)) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a booking made on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
e. In the event of credit card fraud or unauthorised use of your credit card by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorised use. If you suspect an unauthorised or fraudulent booking was made via Budget Motels, please contact us immediately by telephone on 03 9784 4111 or by email at email@example.com.
f. We retain records of transactions conducted for up to 12 months. Any queries relating to older transactions should be referred to your bank or card issuer. We do not retain credit card information or details.
g. Despite our best efforts, processing errors can occur from time to time. If you suspect that an error has been made, please contact us immediately by telephone on 03 9784 4111, by email at firstname.lastname@example.org or in writing to 13 Davey Street, Frankston, VIC, 3199.
5. Currency Conversion
a. Prices displayed are in AUD. The currency and amount you see displayed at the latest on the final booking page is the amount Budget Motels will charge to your credit card.
b. You may be given the option to pay in your credit card currency if it is different from the currency displayed on the Website. Your bank may impose additional fees on the transaction, over which Budget Motels have no control. Please note that exchange rates fluctuate daily.
6. Cancellation, Amendment and Refund
a. Cancellations, amendments and requests for a refund of monies paid for any Stay booked through the Website will be governed by the terms and conditions of the relevant Provider, and Budget Motels is not responsible for, and does not have any control over, such terms and conditions.
b. The relevant terms and conditions can be obtained from the Provider. Note that certain rates, fees, or special offers are not eligible for cancellation, refund, or change. Check the details thoroughly for any such conditions prior to making your Reservation. You will not be entitled to any refund of any amount unless the Provider agrees or allows otherwise under its cancellation and refund policy.
c. The Provider may charge a fee in connection with any changes to a Reservation, which will be payable by you (if any). The price of your new arrangements will be based on the prices that apply on the day that the change is made. These prices may not be the same as when you booked the Stay.
d. If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Provider so they know when to expect you to avoid cancellation of your Reservation. Budget Motels does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged fee by the Provider.
7. Limitation of Liability
a. Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we will only be liable for direct damages actually suffered, paid, or incurred by you due to an attributable shortcoming of our obligations in respect to our Service, up to an aggregate amount of the aggregate cost of your Reservation.
b. However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the Website and its contents will be liable for:
(i) any punitive, special, indirect, or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim;
(ii) any inaccuracy relating to the (descriptive) information (including rates, availability, and ratings) of the Provider as made available on our Website;
(iii) the services rendered or the products offered by the Provider or other business partners;
(iv) any (direct, indirect, consequential, or punitive) damages, losses, or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use, or delay of our Website; or
(v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential, or punitive) damages, losses, or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors, or affiliated companies) whose products or service are (directly or indirectly) made available, offered, or promoted on or through the Website, including any cancellation, overbooking, strike, force majeure event, or any other event beyond our control.
c. Budget Motels is not responsible for the use, validity, quality, suitability, fitness, and due disclosure of the Stay and makes no representations, warranties, or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose. You acknowledge and agree that the relevant Provider is solely responsible and assumes all responsibility and liability in respect of the Stay, including any warranties and representations made by the Provider. Budget Motels is not a (re)seller of the Stay. Complaints or claims in respect of the Stay are to be dealt with by the Provider. Budget Motels is not responsible for and disclaims any liability in respect of such complaints, claims, and (product) liabilities.
We respect your privacy and don’t share your details with any third parties other than Providers. Our Website is SSL compliant and operates on servers based in Australia.