Terms & Conditions Hamilton Island Private Apartments (HIPA)

By making payment, you are agreeing to the Terms and Conditions outlined below and via Airbnb.

1. DEPOSIT AND PAYMENT

• Payment terms and cancellation policy are as stated in this Airbnb listing.

2. TERMS OF OCCUPANCY • Guest numbers cannot exceed the maximum capacity for the property, as shown in the listing. If the maximum number of guests is exceeded, you may be refused entry or removed from the property. • The apartment’s bedding layout is set as per the owners wishes, and additional bedding is not available. Bedding can only be what is displayed on our website.
   • The property is exclusively rented for vacation purposes. Unless expressly approved in writing by HIPA, events, commercial photography/videography and celebrations are not permitted. Any form of event, party, or assembly exceeding the specified number of individuals outlined in the booking may result in an additional charge. The amount of this fee will be determined solely at the discretion of HIPA. Furthermore, HIPA retains the right to bill the guest for supplementary cleaning, repair, or maintenance expenses necessary after the guest's departure.

3. CHECK IN – 2:00 PM AND CHECK OUT – 10:00 AM • An email message will be sent to you on the day before check-in with your apartment’s caretaker’s contact number. Please make sure you save this number in your phone in case you require your caretaker’s assistance. • Wherever possible, an immediate check-in and late check-out will be available. This CANNOT be arranged in advance and your Valet will advise upon your arrival if it is possible. • In line with security laws throughout Australia, you will always be responsible for the care of your luggage. • Should an immediate check-in not be available, please pack a day bag so you can enjoy the beauty of the Island until such time that the property is ready. • Please note that due to unforeseen circumstances, there may be a delay in your arrival. Due to delayed flights etc., this is sometimes unavoidable. • Please note: The buggy is NOT to be used after 10am on the day of your departure and you are responsible for recharging your buggy.

4. BUGGY

A four-seater Buggy is a COMPLIMENTARY INCLUSION for your personal use only. (Excludes Whitsunday Apartments.) The buggy is owned privately by your apartment’s owners subject to the following Conditions.

Although we endeavour to provide the buggy in a good working order during your stay, as it is privately owned and a free inclusion, we are unable to offer a replacement if a break down occurs or accidental damage requires repairs, unless you have Buggy Protection. We highly recommend you take out Buggy Protection during your stay. Please see below for details.

You use the buggy at your own risk and HIPA and its entities are not responsible for any loss, damage, personal injury or death resulting from your use of the buggy. This includes the installation of any child restraints and their conditions of use.

It is the primary guest who has overall responsibility for the buggy, and to ensure the buggy is kept charged and the rules and regulations are adhered to. Please take care with the buggy to avoid any damage.

Hamilton Island rules and regulations of buggy are: • Authorized drivers must be a minimum age of 18 years and HOLD a current provisional driver’s license or above to drive the vehicle. • Holders of Learners Permits are not permitted to drive the vehicle. • Only licenced drivers who are staying in the property are permitted to operate the buggy. • Both Island Security and QLD Police actively enforce the road rules on Hamilton Island. • All occupants of the buggy must be wearing their individual seatbelts at all times. • Hamilton Island does not permit any vehicles to be driven between 1:00 am and 5:30 am. • Your Buggy is licensed to carry NO more than 4 persons. • Any cost incurred as a result of damages to the Buggy, persons or property is the responsibility of the guest once it is moved from its designated accommodation parking location. • Any accidents must be reported immediately to your Valet and to Hamilton Island Security. Any accidents resulting in any injuries must be reported to Queensland Police. An incident report must also be sent to our office. • Children are not permitted to DRIVE, STEER or SIT on the Driver’s lap. • Children are not permitted to TOUCH, STAND ON or PLAY WITH operating peddles. • Drivers are not permitted to consume alcohol while driving a Buggy. • Mobile phones are not to be used while driving. • Buggies must never be operated in neutral gear. • Failure to abide by the rules or any complaints lodged with island security may result in Immediate confiscation of the Buggy and the matter reported to the Queensland Police.

The Queensland Department of Transport and Main Roads has set out the following conditions for use for all buggies operating on Hamilton Island: • A passenger less than six months old must be restrained in a rearward-facing infant restraint, located in the front seat and secured to an engineered anchor point and fitted seatbelt. • A passenger at least six months old, but less than four years old must be restrained in an approved forward-facing child restraint and secured to an engineered anchor point and fitted seat belt. • Children are not permitted to travel on the lap of another passenger. • A passenger at least four years old, but less than seven years old must be restrained in an approved forward-facing child restraint or by a seatbelt. • A passenger four years old and above must not occupy the front passenger seating position if there is another passenger who is less than four years old. • All passengers in your vehicle must always wear a seatbelt or child restraint when driving. • It is illegal to hold a mobile phone in your hand while driving. (You can be fined and have demerit points recorded against your traffic history.)

CHILD SEATS/CAPSULES –

Queensland legislation states that all children under the age of 6 months are to be seated in a baby capsule facing towards the seat it is mounted to. A child 6 months to 4 years is to be in a child seat facing the same direction as the seat it is mounted to. This is subject to the amount of engineer approved restraint mounting points the buggy comes equipped with.

HIPA does not hire or provide child seats and is not responsible for child seats placed in the buggy.

If the seat is hired through Hamilton Island Buggy Hire the seats will be fitted by a trained staff and should remain secured to the buggy for the duration of the rental. Securing and adjustment of straps in the capsule to fit the child is the responsibility of the parent or guardian (hirer). Capsule covers should be fitted when the capsule is not in use to prevent weather damage.

IMPORTANT SAFETY NOTICE: The hirer is responsible to recheck capsule anchorage points and adjust straps securing the capsule to the seat each time the child is placed in the capsule restraint. Capsule covers cannot be used when the child is positioned in the capsule.

5. BUGGY PROTECTION

If you have taken out Buggy Protection you will then be covered for accidental damage with a zero excess. Acceptance of the Buggy Protection removes financial liability for accidental or non-negligent related damages to all licenced drivers (conditions apply). The Buggy Protection DOES NOT apply to damage caused by the driver to third-party property or third-party injury. Buggy Protection will be deemed void if the driver is found to have been in breach of the Hamilton Island rules and regulations, and Queensland Road rules or have been considered to have acted in a negligent manner.

All incidents and or accidents are to be reported using the phone numbers provided, and an incident report is to be emailed to our office. Failure to report an incident/accident will result in the damage waiver being void.

In the case of an incident resulting in damage, if the Buggy Protection is deemed void the licenced driver will be held liable for the full cost of repairs to the buggy. The repair costs will be charged to the credit card provided for the bond.

You are not covered by buggy protection if you fail to charge the Buggy overnight. • If you fail to charge the Buggy overnight and you break down as a result, a towing fee will apply. • You will not be provided with a replacement Buggy whilst your Buggy is recharging. • Your Buggy will need a FULL 8-hour charge before you can use it again.

6. BOND FORM In the case of any damage occurring to the property or buggy, then HIPA has the right to make a claim for the repair costs. We require a bond form to be completed, signed and returned prior to your arrival, and credit card to be provided and held on file, in case a claim is required. A link to this form and our secure payment gateway (to enter your credit card) will be sent in an email approximately 30 days prior to your arrival. Please note we will only process monies on your credit card if there is reported damage to the Property, or the 'Terms and Conditions' are not adhered to. (Please see further details below). *If you do not hold a credit card and cannot provide one as a bond, we will require a $1000 cash bond to be paid. This payment will be refunded once we receive your departure inspection report, and no charges are required. (Please inform our office via email if you wish to pay the required bond via this method).

7. CLEANING EXCESS If the unit is not left in a tidy condition, an excess fee of up to $250.00 may apply (e.g., rubbish not being removed, dishes not washed and put away). Please report any existing damage to the buggy or unit upon your arrival. Please also report any damage that occurs during your stay.

8. CHANGES AND RESPONSIBILITIES HIPA is not liable for and is not required to honour any pricing displayed that is quoted in error. Confirmation and invoices are subject to re-issue if incorrect through error or omission, and you agree to pay the correct cost or cancel the booking. A cancellation under these circumstances does not incur any cancellation fee. In the event that the property you have selected is removed from the HIPA letting pool, you will be notified, and we will endeavour to offer you suitable alternative accommodation options. Should an alternate holiday property option not be ideal for the period of your stay, you may cancel your booking without penalty. Each apartment is in a strata-titled complex and is individually owned and decorated to the owner's taste, so they are all different, however, all apartments have similar facilities and inclusions.

9. TRAVEL INSURANCE We strongly recommend TRAVEL INSURANCE to safeguard against cancellations, travel delays and all other unforeseen incidents and accidents. We do not issue refunds or credits for flights, tours or property cancellations, due to any circumstances.

10. WI-FI COMPLIMENTARY / FREE WI-FI Your apartment's WI-FI Code will be sent in an email the day before your arrival. If the WI-FI in your apartment is down or undergoing maintenance, alternative hotspots exist throughout the Island. We suggest you bring your device as a backup, especially if you need to access Wi-Fi for work or other personal use.

11. APPLIANCES AND FACILITIES Various amenities like air conditioning units, swimming pools, and electrical appliances may encounter malfunctions, and occasionally, there might be delays in their repair. Kindly notify our office promptly if any breakdown occurs. Although we strive to expedite the repair process, we cannot assure the constant availability or functionality of these amenities throughout your stay. Regrettably, no reimbursements or rate reductions will be provided due to the unavailability of these amenities during any portion of your stay. Please keep in mind you are staying on an island, so if items need to be replaced or parts ordered it will take time.

12. AVIAN AND WILDLIFE PRECAUTIONS Before departing the premises, kindly ensure the closure of all doors and windows. The local bird population is quite bold when seeking sustenance and may venture indoors. Instances of significant interior damage have been noted due to birds gaining access through open doors and windows. Guests hold the responsibility of properly securing the property prior to their absence. In situations where damage to the property is attributable to birds entering through open doors or windows, HIPA reserves the right to apply charges at their discretion.

13. NON-SMOKING POLICY Smoking is strictly prohibited within the interior or on the balcony of any Holiday Rental Property. In the event that smoking is identified, the expenses linked to thoroughly purifying the property to eliminate all indications of cigarette smoke will be imposed on the guest. This encompasses potential tasks such as the dry cleaning of upholstered furniture and interior decor.

14. RESPONSIBILITY FOR DAMAGE OR LOSS Guests bear responsibility for any harm or loss incurred by fittings, fixtures, and all objects within or upon the property, including keys and remote controls, irrespective of whether the occurrence was accidental or otherwise. The repair or replacement costs for any such harm or loss will be applied to guests' accounts, as determined entirely by HIPA. It is imperative to promptly report all instances of damage and/or loss to HIPA.

15. PRIVACY OF INFORMATION PROVIDED TO US HIPA values your privacy and is committed to protecting your personal information. This Privacy Policy outlines how we collect, use, disclose, and protect the data you share with 3rd party providers, such as cleaners, caretakers, security, and valets when using our services. We may collect the following types of information: • Personal Information: This may include your name, contact details, address, and other identifiers necessary for providing our services. • Location Information: We may collect your location information to facilitate services such as valet or caretaker assistance. • Service-related Data: Data related to the services you request, such as scheduling, preferences, and specific instructions. • Communication Data: Correspondence and communication between you and our 3rd party providers. We use the data for the following purposes: o Service Provision: To connect you with 3rd party providers for caretaking or valet services as requested. o Communication: To facilitate communication between you, us and the selected 3rd party providers. o Improve Services: To enhance the quality of our services and make improvements based on user feedback and preferences.

We may share your data with 3rd party providers to fulfil your service requests. These providers are contractually obligated to handle your data in accordance with this Privacy Policy and applicable laws. We take reasonable measures to safeguard your data from unauthorized access, disclosure, alteration, or destruction.

We may update this Privacy Policy to reflect changes in our practices or for legal, operational, or regulatory reasons. We encourage you to review this policy periodically.

By using our services, you consent to the collection, use, and sharing of your data as described in this Privacy Policy.

By confirming your booking, you acknowledge that you have read, understood, and agreed to the above terms and conditions. Thank you for choosing Hamilton Island Private Apartments. We look forward to hosting your stay. If you have any questions or require further assistance, please don't hesitate to contact us.