Terms Conditions - Headlands Austinmer Beach
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Terms Conditions

  • These Terms and Conditions apply to all websites operated by trading as Headlands Austinmer Beach Hotel using the domain names www.headlandshotel.com.au.
  • ABN Number: 84613875728

TICKET PURCHASES

A. The receipt received upon checkout completion is not a receipt of payment, nor does it guarantee a ticket to the event. This receipt should only be treated as confirmation that the Customer’s request has been received by the Event Organiser.

B. No money is debited from the Customer’s account until the Event Organiser has allocated the Customer with tickets.

C. Full pre-payment is required to secure tickets.

D. All prices are inclusive of GST and in Australia dollars.

E. Mastercard, VISA and AMEX is accepted with a 3% surcharge applying to all AMEX transactions.

F. Tickets are sold on a strict no refund or exchange basis.

G. In the instance where an event is cancelled, Customers will be refunded the face value of the ticket.

H. Tickets are not to be duplicated for the purpose of falsifying entry.

G. The Event Organiser reserves the right to refuse entry, and any persons who are noisy, drunk, threatening or unruly will be asked to leave the premises.

H. Venue capacity is limited. Once maximum capacity is reached there will be no further tickets available for purchase.

GIFT VOUCHERS

A. The Headlands Austinmer Beach Gift Voucher is a stored value Voucher, or packaged experience Voucher issued to the purchaser. The Voucher allows the Customer to either load a dollar value onto the Voucher at the point of purchase, or to choose a pre-determined experience Voucher.

B. The Voucher should be looked after by the Customer like cash. It cannot be replaced if lost or stolen. No credit card, credit line, overdraft protection, or deposit account is associated with the Voucher.

C. Once issued, the stored value Voucher or packaged experience Voucher can then be used by the Customer or any person in possession of the Voucher. The Voucher cannot be redeemed or refunded for cash, nor can it be used to purchase another Voucher.

D. Gift Vouchers purchased from April 1st, 2018 onward, expire 3 years after the date on which it is issued; in line with the Fair-Trading Amendment (Ticket Scalping and Gift Vouchers) Bill 2017 [NSW]. Any unused value remaining on the Voucher on its expiry is not refundable.

E. Gift Vouchers must be used in one transaction, cash refund will not be issued on any remaining portion

F. If Customer purchases multiple Gift Vouchers in the one transaction, the total dollar value will be merged together. For individual Vouchers, Customer must purchase in separate transactions.

1. ACCOMMODATION

Accommodation at Headlands Austinmer is subject to allocation and availability at the time of reservation.

Blackout dates may apply to publicly available rates, including school holidays and public holidays, or any special events periods. Room allocations fill quickly during special events, school holidays, public holidays and weekends and no guarantee can be given that an allocated room will be available at the hotel or for the days that a Holder may prefer.

All Accommodation Vouchers must be made via the hotels Accommodation department’s published telephone numbers. When making a reservation the Holder must advise Accommodation they will be using a Voucher as payment method and must quote the relevant Voucher number.

2. CANCELLING A RESERVATION

If a Holder cancels its reservation, it must do so by contacting the Service Provider and advising of the relevant cancellation. If the Holder fails to give the cancellation notice as required before the date of arrival the Service Provider will be entitled to deduct from the Voucher value a cancellation fee determined in accordance with the Service Provider’s usual policy.

3. PAYMENT

Vouchers will only be dispatched when full payment is received (including any service or delivery charges) in accordance with these Terms and Conditions. Mastercard, VISA and AMEX is accepted with a 3% surcharge applying to all AMEX transactions. Refunds and exchanges are not available after full payment is received. All stated prices are in Australian dollars and inclusive of GST. GST and any other taxes, charges, fees or duties that are, or may be, levied on the Services or other goods purchased from a Service

4. DELIVERY

The Customer is responsible for informing the Manager of the correct contact names and addresses for invoicing the Customer, and for delivery. Changes to orders must be made in writing and forwarded by mail or email to the Service Provider. Changes to orders will only be possible prior to an order form being processed by the Service Provider.

5. EXPIRY DATE

The date of issue of each Voucher will be recorded by the Service Provider. The Fair-Trading Amendment (Ticket Scalping and Gift Vouchers) Bill 2017 [NSW] deem that Gift Vouchers purchased on or after April 1st 2018, will be valid for 3 years from the date of issue, or as per the pre-printed date of expiry (‘Validity Period’). The Voucher must be used during the Validity Period. Following expiry of the Validity Period the Voucher will expire and any unused balance will not be refunded. After the Voucher has expired it is no longer valid and all transactions will be declined.

6. LIABILITY FOR LOST/STOLEN VOUCHERS

Holders are advised to protect their Voucher as they would cash. Lost or stolen Vouchers will not be replaced.

Holders are advised to protect their Voucher as they would cash. Lost or stolen Vouchers will not be replaced.

Copies of Vouchers will not be accepted. Vouchers will be deemed void if altered in any way. The Service Provider may refuse a damaged Voucher or any Voucher it reasonably suspects has been altered, stolen or is not a valid Voucher.

7. LIABILITY

To the extent permitted by law, the Service Provider makes no representations, warranties or conditions of any kind, express or implied, with respect to the Voucher. The Service Provider does not represent or warrant that the Voucher will always be accessible or accepted.

The Service Provider is not required to carry out any of the obligations referred to in these Terms and Conditions if it is not reasonably practical for them to do so because of an event outside of their control.

To the extent permitted by law, in the event that the Service Provider is found liable to the Customer or the Holder, the Customer or Holder shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on the Holder’s Voucher.

To the extent permitted by law, in the event that the Service Provider is found liable to the Customer or the Holder, the Customer or Holder shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on the Holder’s Voucher.

The Customer and the Holder both indemnify the Service Provider against any loss, cost, claim or liability the Manager or the Service Provider might suffer arising out of or in any way connected with the Customer’s or any Holder’s use of a Voucher or a breach of these Terms and Conditions.

The Manager may cancel a Voucher at its discretion if the Customer or any Holder breaches any of these Terms and Conditions.

Where the Holder of the Voucher is not the Customer, these Terms and Conditions are not intended to create an obligation or any other rights enforceable by the Holder against the Service Provider.

Certain legislation, including the Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon the Service Providers which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to these statutory provisions.

If these statutory provisions apply, to the extent to which the Service Providers are able to do so, their liability under those provisions will be limited, at their option to:

A. in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or
B. in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.

8. DISPUTE

In the event of any problem or dispute in relation to the Voucher or any Service purchased with the Voucher, the Manager may consult with the Holder in an effort to make alternative arrangements, but this does not create an obligation on the Service Provider to do so.

9. COMPLAINTS HANDLING

If a Customer or Holder believes they have been charged in error or has any other dispute about their Voucher, the Customer or Holder must contact the Service Provider and provide details of the dispute or error.

If a Customer or Holder believes they have been charged in error or has any other dispute about their Voucher, the Customer or Holder must contact the Service Provider and provide details of the dispute or error.

The Customer or Holder must provide the Service Provider with all details requested by the acting reasonably, including their name, account details, Voucher number, date and time of transaction and contact details.

The Service Provider will make every reasonable effort to notify the Customer or Holder within 10 business days from the date the disputed charge(s) are reported as to the outcome of its investigation. If it is determined that an error has occurred, the Holder’s account will be re-credited.

If the Customer or Holder is not happy with the decision of the Gift Voucher Co-ordinator, the Customer or Holder may apply to the relevant government authority for further investigation.

10. NOTICE OF MATERIAL CHANGES TO TERMS AND CONDITIONS

The Manager will give Customers 30 days’ written notice of any material changes to these Terms and Conditions of the Voucher, via its website at www.headlandshotel.com.au, notwithstanding that it is entirely within the Manager’s discretion to make such changes.

11. ACCEPTANCE OF TERMS

The purchase of the Voucher by a Customer and any subsequent use of the Voucher by its Holder constitutes acceptance by the Customer and Holder of these Terms and Conditions.

12. RIGHT TO CHANGE, MODIFY OR AMEND

The Manager reserves the right to modify, change or amend these Terms and Conditions at any time without notice.

13. PRIVACY AND THE CUSTOMER’S CONSENT

This section applies to Personal Information that we collect and process through our Websites and in the usual course of our business, such as in connection with events, sales and marketing activities. In this section “you” and “your” refers to Visitors.

 

A. Information We Collect

 (i) Information you provide to us on the Websites or otherwise: Certain parts of our Websites may ask you to provide Personal Information voluntarily. For example, we may ask you to provide certain Personal Information (such as your name or contact details), in order to download content, purchase products, make bookings or submit inquiries to us. We may also collect Personal Information, such as your contact details, wedding or event information, and feedback, when you attend our events, take part in surveys, or through other business or marketing interactions we may have with you. You may choose to provide additional information when you communicate with us or otherwise interact with us, and we will keep copies of any such communications for our records.

The Personal Information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your Personal Information. We will also let you know prior to collection whether the provision of the Personal Information we are collecting is compulsory or may be provided on a voluntary basis and the consequences, if any, of not providing the information.

(ii) Information we collect automatically through the Websites: When you visit our Websites, we may also collect certain information automatically from your device. In some countries, including countries in the European Economic Area, this information may be considered Personal Information under applicable data protection laws.

 

B. Use of Personal Information

We may use the information we collect through our Websites for a range of reasons, including:

To provide, operate, optimize, and maintain our Websites.

To send you information for marketing purposes, in accordance with your marketing preferences.

To respond to your online inquiries and requests, and to provide you with information and access to resources or services that you have requested from us.

To manage our Websites and system administration and security.

To improve the navigation and content of our Websites.

To identify any server problems or other IT or network issues.

To process transactions and to set up online accounts.

To compile aggregated statistics about site usage and to better understand the preferences of our Visitors.

To carry out research and development to improve our products and services.

To customize content and layout of the Websites.

To carry out other legitimate business purposes, as well as other lawful purposes.

In addition, we may combine Personal Information with other information we collect or obtain about you (such as information we source from our third-party partners) to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, or for advertising or targeting purposes in accordance with this privacy policy. When we combine Personal Information with other information in this way, we treat it as, and apply all of the safeguards in this privacy policy applicable to, Personal Information.

 

C. Public Information and Third-Party Websites

Social media platforms. Our Websites include social media features, such as the Facebook, Instagram, and TripAdvisor link buttons. These features may collect information about your IP address and which page you are visiting on our Website, and they may set a cookie to make sure the feature functions properly.

Links to third-party websites. Our Websites include links to other websites, whose privacy practices may be different from ours. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

Contests and sweepstakes. We may, from time to time, offer surveys, contests, sweepstakes, or other promotions on our Websites or through social media (collectively, “Promotions”).

 

D. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to collect and use Personal Information about you, to serve interest-based advertising.

 

E. Other Data Protection Rights

You have the following data protection rights:

To access, correct, update, or request deletion of your Personal Information. Headlands Austinmer Beach takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date. You may contact us directly at any time about accessing, correcting, updating, or deleting your Personal Information, or altering your data or marketing preferences by emailing us at: marketing@headlandshotel.com.au We will consider your request in accordance with applicable laws.

In addition, if you are a resident of the EEA, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by emailing us at marketing@headlandshotel.com.au

Similarly, if we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.

 

A. How We Share Information

We may share and disclose your Personal Information to the following types of third parties for the purposes described in this privacy policy (for purposes of this section, “you” and “your” refer to Members, Contacts, and Visitors unless otherwise indicated):

(i) Our service providers: Sometimes, we share your information with our third-party service providers, who help us provide and support our Services and other business-related functions.

(ii) Advertising partners: We may partner with third-party advertising networks and exchanges to display advertising on our Websites or to manage and serve our advertising on other sites and may share Personal Information with them for this purpose.

(iii) Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person.

(iv) A potential buyer (and its agents and advisors) in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition.

(v) Any other person with your consent.

 

B. Legal Basis for Processing Personal Information (EEA Persons Only)

If you are from the European Economic Area, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.

However, we will normally collect and use Personal Information from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Typically, our legitimate interests include improving, maintaining, providing, and enhancing our technology, products, and services; ensuring the security of the Services and our Websites; and for our marketing activities.

If you are a Member, we may need the Personal Information to perform a contract with you. In some limited cases, we may also have a legal obligation to collect Personal Information from you.

If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information.

Where required by law, we will collect Personal Information only where we have your consent to do so.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us at marketing@headlandshotel.com.au

 

C. Your Choices and Opt-Outs

Members and Visitors who have opted in to our marketing emails can opt out of receiving marketing emails from us at any time by clicking the “unsubscribe” link at the bottom of our marketing messages.

Also, all opt-out requests can be made by emailing us at marketing@headlandshotel.com.au. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management, and Members cannot opt out of these messages unless you cancel your Headlands Austinmer Beach account.

 

D. Our Security

We take appropriate and reasonable technical and organizational measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. For further information about our security practices, please see our Security page here. If you have any questions about the security of your Personal Information, you may contact us at privacy@Headlands Austinmer Beach.com.

Headlands Austinmer Beach accounts require a username and password to log in. Members must keep their username and password secure, and never disclose it to a third party. Because the information in a Member’s Headlands Austinmer Beach account is so sensitive, account passwords are hashed, which means we cannot see a Member’s password. We cannot resend forgotten passwords either. We will only provide Members with instructions on how to reset them.

 

E. International Transfers

(i) We operate in Australia

Our servers and offices are located in Australia, so your information may be transferred to, stored, or processed in Australia. While the data protection, privacy, and other laws of Australia might not be as comprehensive as those in your country, we take many steps to protect your privacy.

(ii) Data transfers from Switzerland or the EU to Australia

Headlands Austinmer Beach is committed to protecting all Personal Information received from European Union (EU) member countries and Switzerland, respectively. Headlands Austinmer Beach is responsible for the processing of Personal Information we receive under each Privacy Framework.

With respect to Personal Information received in certain situations, we may be required to disclose Personal Information in response to lawful requests by public authorities, including law enforcement.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us at marketing@headlandshotel.com.au

(iii) Members located in Australia

If you are a Member who lives in Australia, this section applies to you. We are subject to the operation of the Privacy Act 1988 (“Privacy Act”). Here are the main principles you should be aware of:

-The open and transparent management of personal information including having a privacy policy

-An individual having the option of transacting anonymously or using a pseudonym where practicable

-The collection of solicited personal information and receipt of unsolicited personal information including giving notice about collection

-How personal information can be used and disclosed (including overseas)

-Maintaining the quality of personal information

-Keeping personal information secure

-Right for individuals to access and correct their personal information

 

F. Retention of Data

We retain Personal Information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we’ll refer to these criteria in order to determine retention period:

Whether we have a legal or contractual need to retain the data.

Whether the data is necessary to provide our Services.

Whether our Members would reasonably expect that we would retain the data until they remove it or until their Headlands Austinmer Beach accounts are closed or terminated.

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

 

G. Changes to this Policy

We may change this privacy policy at any time and from time to time. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this privacy policy or other notice on the Website. We encourage you to review this privacy policy often to stay informed of changes that may affect you. Our electronically or otherwise properly stored copies of this privacy policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this privacy policy that was in effect on each respective date you visited the Website.

 

H. Questions & Concerns

If you have any questions or comments, or if you have a concern about the way in which we have handled any privacy matter, please contact us via
email: marketing@headlandshotel.com.au
Or post: PO Box 3045, Austinmer NSW 2515

 

Headlands Wedding Open Day September 2019

A – Offer cannot be used in conjunction with any other offer or special
B – Must have attended the Wedding Open Day on Sunday the 8th of September and registered your details through our online booking portal
C – Must book your wedding between the 8th of September 2019 – 30th of September 2019
D – Offer cannot be substituted for any other product
E – Offer entitles you to a complimentary premium beverage package upgrade only

Momentum Bike Competition – NSW PERMIT NUMBER LTPS/19/37855

  1. This competition is a promotion run by Headlands Resort PTY LTD ABN 84 613 875 728 (“Promoter”).
  2. Entries and information on prizes and how to enter form part of these terms and conditions (“Terms”). Entries not completed in accordance with these Terms are ineligible.  Participation in this competition constitutes acceptance of these Terms.
  3. The competition is open to persons over the age of 18 years of age only. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence).
  4. Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter and its related entities and agents are ineligible to enter.
  5. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe breached any of these conditions, or engaged in any unlawful or otherwise improper misconduct calculated to jeopardise the fair and proper conduct of the competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  6. The competition commences at 11am on Sunday September 1st, 2019 and closes at 6:30pm on Friday November 1st 2019.
  7. Entrants are entitled to one (1) entry to the competition per purchase of any Little Creatures Elsie or Pale Ale during the promotional period per day.
  8. To enter the competition, entrants are required to write their name, email address, phone number and post code on the entry form and place the entry form in the barrel.
  9. All entries become the property of the Promoter. No responsibility is accepted for late, lost or misdirected entries.
  10. The competition will be drawn at Headlands Austinmer Beach on Friday November 1st 2019 at 6:30pm. The winner will be drawn at random from the entries in the barrel.
  11. Times quoted are local times.
  12. There will be one (1) prize winner and the winner must present themselves to the staff member conducting the draw within three (3) minutes of the draw.
  13. If the first person announced does not present themselves within three (3) minutes time, there will be subsequent draws in the same fashion until a winner presents themselves to the staff member conducting the draw within the three (3) minutes of the entry being drawn
  14. The Promoter’s decisions are final and no correspondence will be entered into.
  15. The prize’s consists of the following components: A momentum iNeed Street Mid Step bicycle valued at $449.00 and a Basil bicycle bag valued at $199. This is a total prize pool value of $648
  16. Prize values are correct at the time of publishing and are subject to change without notice.
  17. The prize is not transferable, exchangeable or redeemable for cash. The promoter reserves the right to substitute the prize for another prize of similar value (to be determined by the promoter) should the prize become unavailable for any reason.
  18. The Promoters accept no responsibility for any tax liability incurred as a result of participating in this Promotion or winning the prize. Any tax liability arising as a result of accepting any prize is the responsibility of the winner.
  19. The information that entrants provide will be used by the Promoter for the purpose of conducting the competition, and to periodically keep entrants informed about the goods and services provided by the Promoter. By entering this competition entrants consent to the use of their contact details for the purposes described in this clause.
  20. In participating in the prize activity, the winner agrees to participate and cooperate as required in all editorial activities relating to this promotion, including but not limited to being interviewed, video-recorded and photographed. The winner agrees to grant the Promoter and its related entities a perpetual, non-exclusive licence to use such audio, footage and/or photographs in all media worldwide and the winner will not be entitled to any fee for such use.
  21. Entrants consent to the Promoter, its related entities and service providers using their name, likeness, image and/or voice in the event they are a prize winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the promotion (including any outcome), and promoting products manufactured, distributed and/or supplied by the Promoter, its related entities, or service providers.
  22. The Promoter will use its best endeavours to provide the prize as listed. If the prize (or any element of the prize) is unavailable, the Promoter, in its absolute discretion, reserves the right to substitute the prize (or that part of the prize) with a prize of equivalent value and/or specification subject to any written directions from a regulatory authority.
  23. If for any reason this competition is not capable of being conducted by the Promoter as intended, whether because of computer virus, mobile phone failure, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other cause beyond the reasonable control of the Promoter which in the Promoter’s opinion affects the administration of the competition, security, fairness or integrity, the Promoter may in its sole discretion, cancel, modify or suspend the competition, subject to the approval of the relevant regulatory authorities.
  24. Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this competition or these terms, subject to applicable laws and subject to the approval of the relevant regulatory authorities.
  25. The Promoter, its related bodies corporate, and the directors, officers, management, employees and other staff of the Promoter and its related entities (Promoter’s Agents) will not be liable for any loss or damage or for any personal injury sustained as a result of taking the prize(s) or entering into this competition. The Promoter and the Promoter’s Agents make no representations or warranties as to the quality, suitability or merchantability or any goods or services offered as prizes. To the extent permitted by law, the Promoter and the Promoter’s Agents are not liable for any loss suffered to person or property by reason of any act or omission, deliberate or negligent, by the Promoter or the Promoter’s Agents, in connection with the arrangement for the supply, or the supply, of goods and services by any person to the prize winner and, where applicable, to any persons accompanying the prize winner.
  26. The laws of New South Wales govern the Promoter’s competitions.