The following stipulations establish the general conditions of sale applicable to reservation services provided by Check-in Pty Ltd. This is a legally binding agreement between you and us. Please take the time to read through the following terms and conditions carefully. By choosing 'Confirm Now' and using the Web Site to book accommodation, you expressly agree to accept the following terms of use contained in this agreement.

1. BOOKING CONDITIONS

The prices displayed on our website according to season are negotiated between us and the participating hotels, and may differ from prices published by the hotels elsewhere. Therefore, you should accept that the prices may be different at the time of your reservation.

Subject to confirmation by the hotel concerned and also to your provision of valid and correct credit card information for payment, your reservation will be irrevocably binding upon your clicking on 'Confirm Now' on our website. Confirmation of your reservation will be made to you from us via email, so it is your duty to provide us with an accurate email address. Such confirmation will usually be made within one business hour after you submit your reservation.

The currency in which prices are displayed is based on the location from where you connect to our website, but you can always select another currency in which to see the prices of the participating hotels. However, these converted prices are based on various publicly available sources using daily spot rates and should be used as guidelines only. Rates used by Check-in Pty Ltd. are believed to be accurate, but our respective suppliers do not warrant or guarantee such accuracy and actual rates may vary. The prevailing and real rates on our website are the ones in the local currency of the hotels concerned and, where this applies, the ones in which the deposit is charged from your credit card, as clearly displayed during the booking process.

Our confirmation email will serve as proof of valid reservation and will contain relevant information about the reservation and particulars of the hotel concerned. Please read and check carefully all the information contained in our confirmation email to ensure that it conforms to your reservation. You are required to produce our confirmation email when you check-in at the hotel, as well as a valid photo ID card or passport.

2. PAYMENT & CREDIT CARD INFORMATION

When you make an online hotel reservation you will have to provide us with your credit card information, such as its number, ccv and expiry date.

For some of the participating hotels that you will find on our website, the payment of a deposit will be required to confirm your reservation, based on the conditions negotiated with these participating hotels. This will be clearly explained and displayed on our website during your reservation process before your clicking on 'Confirm Now'. When your reservation is confirmed, this deposit that is clearly displayed during the reservation process will be charged to your credit card. You can choose the currency in which you want the deposit to be charged, such as AUD, NZD, US Dollars, Euros, Pound Sterling, or any of the other payment currencies proposed on our website. This deposit will be charged by Check-in Pty Ltd. and the business name appearing on your credit card statement will be ‘CHECK IN KINGSFORD’ We accept credit and debit cards, such as VISA, MasterCard, American Express and other cards as may be specified on our website from time to time. Under no circumstances will Check-in be liable for any kind of commission or transaction fees that your bank might charge you. The outstanding balance of the retail price of the hotel room(s) reserved, as well as additional charges that may be incurred during the stay at the hotel will be settled by the guest in the local currency at the hotel. In the case of a confirmed reservation, the credit card details will be passed over securely to the hotel, which may pre-authorize or charge the card in accordance with the booking policy, as displayed on the Check-in Pty Ltd. website. In the case of a non-refundable rate with participating hotels, please note that the credit card will/may be charged upon reservation by both Check-in for the amount of the deposit in the currency you would have chosen and the hotel in its local currency for the outstanding balance. By making the reservation through our website you are deemed to have unconditionally and irrevocably authorized and consented to our release of your credit card information to the hotel concerned for this pur pose.

For some other participating hotels that you will find in our website, the payment in full will be required at the time of booking to confirm your reservation, based on the conditions negotiated with these participating hotels. This will be clearly explained and displayed on our website during your reservation process before your clicking on 'Confirm Now'. When your reservation is confirmed the full price of the hotel room(s) reserved, as well as all other charges that may be incurred during the reservation process will be charged to your credit card by Check-in Pty Ltd and the business name appearing on your credit card statement will be ‘CHECK IN KINGSFORD’. You can choose the currency in which you want the full amount to be charged, such as AUD, NZD, US Dollars, Euros, Pound Sterling, or any of the other payment currencies proposed on our website. We accept credit and debit cards, such as VISA, MasterCard, American Express and other cards as may be specified on our website from time to time. Under no circumstances will Check-in be liable for any kind of commission or transaction fees that your bank might charge you. Any additional charges that may be incurred during the stay at the hotel will be settled by the guest in the local currency at the hotel.

3. CANCELLATION POLICY

Each hotel will have its own terms and conditions for cancellation of confirmed reservations, cancellation policies will also differ between room-types for the same Hotel. You are, therefore, strongly advised to read such terms and conditions, which are displayed on our website, carefully before making your reservation. You will be bound by such terms and conditions once your reservation is confirmed. In case of cancellation, we suggest that you should promptly and directly contact us to minimize any penalty or charges payable.

All disputes relating to cancellation of reservation shall be dealt with or settled directly between you and the hotel concerned, and we will not be involved or be held responsible in any way except to arrange for the refund where applicable, to provide information needed to calculate the penalties that apply and to pass your credit card information on to the hotel concerned as aforesaid. No claim whatsoever shall be made by you against us in respect of any penalty or charges levied by the hotel concerned for your cancellation of a reservation.

In order to cancel a booking, a request via email or phone is required. Once your booking has been cancelled, you will receive a cancellation confirmation email at the email address from which you have made the original booking. When your reservation is cancelled or amended where applicable, the amount paid to Check-in Pty Ltd upon reservation is refunded less a stated administration fee.



• For reservations made when the deposit only has been paid at the time of booking to Check-in:

Should you need to cancel or amend your booking and have advised Check-in with MORE than the required notice period and therefore a cancellation or amendment is allowed to be made to the reservation (is applicable); a stated administration fee applies and the balance of your deposit payment is fully refunded, in the event your booking deposit payment is less than the stated administration fee your deposit is forfeited instead.

Should you need to cancel or amend your booking and have advised us with LESS than the required notice period and therefore a cancellation or amendment is NOT allowed to be made to the reservation (not applicable) the booking payment is forfeited in full and the relevant cancellation fee will be charged by the Hotel directly subject to the cancellation policy of the respective Hotel.



• For reservations when the payment has been made in full at the time of booking to Check-in:

Should you need to cancel or amend your booking and have advised Check-in with MORE than the required notice period and therefore a cancellation or amendment IS allowed to be made to the reservation (is applicable); a stated administration fee applies and the balance of your booking payment is fully refunded, in the event your booking payment is less than the stated administration fee your booking payment is forfeited instead.

Should you need to cancel or amend your booking and have advised us with LESS than the required notice period and therefore a cancellation or amendment is NOT allowed to be made to the reservation (not applicable) the booking payment is forfeited in full and/or a cancellation fee will be charged by Check-in on the Hotels behalf subject to the cancellation policy of the respective Hotel.



If you fail to complete any booking, or cancel it, then you will be subject to the Property's own cancellation policy, but in any event, you authorize the Property to debit a minimum of 90% of the first nights’ accommodation rate from your credit card as a cancellation fee. Please note: Check-in reserves the right to charge your credit card for any cancellation or amendment fees due on a Hotels behalf if required.

4. THE WEBSITE SERVICE

Our website, www.check-in.com.au, provides useful, updated and readily accessible information on Accommodation Providers worldwide and also facilitates a convenient way for you to make your online reservation with such Accommodation Providers (Our Services). Please note that in providing a booking service through our website we only act as the intermediary venue between our website users and the participating Accommodation Providers, we are not otherwise involved in any transaction between Properties and their guests. When you use Our Services to make a reservation, the contract is made directly between you and the hotel concerned.

The information contained on our website is provided and updated by the Properties; while we (Check-in) endeavor to ensure that such information is accurate, we cannot guarantee the accuracy or completeness of such information, we do not control, verify, support or endorse either the information made available by Properties on the Web Site or the quality or price of the accommodation offered on it.

5. ELIGIBILITY AND USE OF THE WEBSITE SERVICE

You may use our services only if you can form legally binding contracts and are over 18 years of age.

You may only use the website for your own personal use. Information you obtain from the website may be stored in computer readable form and printed out and used only for your own personal purposes. It must not otherwise be copied, published, distributed, nor commercially exploited, in any form or by any method whatsoever, nor may you authorize others to do so. For the avoidance of doubt, these restrictions prohibit unauthorized framing, linking, posting in news groups and any other form of copying.

We may, in our sole discretion, change the content of the Web Site, or our services, at any time.

You and we are independent contractors. Neither this agreement nor any use of the Web Site shall be deemed to create any relationship of agency, partnership, and joint venture, other joint business relationship, trust, or fiduciary relationship between you and us.

6. SYSTEM INTEGRITY

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activities being conducted on the Web Site.

7. PRIVACY


We take privacy issues very seriously. Our current Privacy Policy covers our use of any information provided by you. In using Our Services, you acknowledge and agree to be bound by the terms of our Privacy Policy available by clicking here: "Privacy Policy". This Privacy Policy forms part of the terms and conditions of this agreement. It explains our policies relating to its management, security, use and disclosure of personal information covered by the Australian Privacy Act (Cwth). By accepting this agreement you consent to us using and disclosing your personal information for the purposes and in the manner set out in this agreement and the Privacy Policy.

If you book accommodation through Check-in Pty Ltd we gather personal information from you which may include your full name, email address, telephone numbers, the postal code of your residential address, and credit card account details so that we can process your booking. It is important that information you provide for us to hold is complete, accurate and up to date.

Your full name and credit card details are kept by us and passed on to the particular accommodation provider with whom you apply to make a booking, for credit card processing. None of your personal information is given out to any third parties apart from the accommodation provider.

You consent to us using your information (and technical information about your use of the Web Site) to contact you in regard to advertisements on the Web Site, to facilitate your movement through the Web Site, or communicate separately with you to offer you marketing or promotional information.

We will take reasonable steps to protect your personal information from misuse, loss and from unauthorized access, modification or disclosure.

8. INTELLECTUAL PROPERTY RIGHTS

You recognize and agree that you will not, except as otherwise permitted by this agreement, disclose, make use of or otherwise infringe our intellectual property rights in the Web Site. This promise shall survive the expiration or termination of this agreement.

With respect to information that you provide on the Web Site, we reserve the right to take any action with respect to such information we deem necessary in our sole discretion. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your use of the Web Site and cancel any booking you may make.

  9. INDEMNITY

You hereby agree to indemnify, defend and hold us harmless for all liability, claims, damages and costs, including our legal fees (on a lawyer/client basis), arising out of or in connection with a breach of your obligations, representations and warranties provided in this agreement. You also agree to hold us harmless for all liability, claims, damages and costs, including our legal fees (on a lawyer/client basis), arising out of or in connection with any errors, malfunctions or defects in connection with the Web Site.

  10. TERMINATION

We may terminate this agreement immediately without notice, if you fail to comply with this agreement in any way or if we suspect that you have, will or may do so, or if we discontinue operation of the Web Site.

  11. ASSIGNMENT

Only we are entitled to assign, in whole or in part, any of our rights or obligations under this agreement.

  12. GOVERNING LAW AND JURISDICTION

If you access the Web Site from outside of Australia then you do so at your own risk. You alone are responsible for ensuring compliance with all laws that apply to you as a result of that access.

This agreement shall be construed and enforced in accordance with the laws of New South Wales, Australia. The parties agree to submit themselves to the exclusive jurisdiction of the courts of New South Wales.

  13. SEVERABILITY

If one or more provisions of this agreement are held to be invalid, such invalidity shall not affect the other provisions hereof, and to this extent, the provisions of this agreement are intended to be, and shall be, severable.

  14. ENTIRE AGREEMENT

This agreement (including the Privacy Policy) constitutes the entire agreement between you and us and supersedes all other agreements. No other representations or warranties are made, save for those contained within this agreement.

This agreement between you and us is effective immediately upon acceptance by you. This agreement may be amended at any time by us posting the amended terms on the Web Site. It is your responsibility to regularly check these amended terms. This agreement may not otherwise be amended unless signed by our authorised representative.

  15. Definitions

Unless otherwise indicated in this agreement, the following terms shall be defined for the purposes of this agreement as follows: "We" and "us" means Accommodation Clearing House Pty Limited (ABN 84102951931) and its officers, directors, agents, affiliates, and employees; "You" means the party entering this agreement as a user of the Web Site services; “Property” means any party offering accommodation on the Web Site through the booking service we provide; and “Web Site” means the web site located at (www.check-in.com.au).

  16. LIMIT OF LIABILITY

If you have a dispute with any Property you release us (and our agents and employees) from any claims, demands and damages, actual and consequential, of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Without limitation, this expressly includes any dispute regarding negligent, misleading or deceptive claims or statements on the Web Site. To the extent permissible by law, you also waive any rights that you may have by reason of any statute applicable at the time of the dispute.

TO THE EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES IN RELATION TO THE WEB SITE OR SERVICES SUPPLIED UNDER THIS AGREEMENT, AND EXCLUDE ALL CONDITIONS, WARRANTIES AND TERMS IMPLIED BY STATUTE, GENERAL LAW, INTERNATIONAL CONVENTION OR CUSTOM.

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, IF ANY OF THE EXCLUSIONS OR LIMITATIONS SET OUT ABOVE ARE DECLARED ILLEGAL OR VOID, THEN TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY FOR BREACH OF A CONDITION OR WARRANTY IMPLIED INTO THIS AGREEMENT BY THE AUSTRALIAN TRADE PRACTICES ACT 1974 (OR OTHERWISE) IS LIMITED TO SUPPLYING AGAIN THE SERVICES, IN RESPECT OF THE BREACH.

IN NO EVENT WILL WE (INCLUDING OUR AGENTS, EMPLOYEES OR CONTRACTORS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: PROCUREMENT OF SUBSTITUTE SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE WEB SITE, EVEN IF IT IS AWARE OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE WAS OTHERWISE FORESEEABLE. IN ANY EVENT, AND WITHOUT LIMITING THE EFFECT OF THE OTHER PROVISIONS OF THIS AGREEMENT, OUR LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OR DAMAGE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US DURING THE PREVIOUS 12 MONTHS OR $100 AUSTRALIAN DOLLARS WHICH EVER IS THE LESSER.

NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY CONDITION, WARRANTY, RIGHT OR REMEDY IMPLIED OR IMPOSED BY STATUTE OR REGULATION IF IT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.

CONTACTING US: You can contact us at the following address:

Accommodation Clearing House Pty Limited, Level 2, 1a Meeks St, Kingsford, 2032, SYDNEY, NSW, AUSTRALIA