Website Terms and Conditions

Effective Date: 26^th of February, 2025

Welcome to www.solacestays.com.au

This Site is owned and operated by Gampe Property Holding Trust (ABN 52 705 608 425) trading as Solace Stays (referred to in these terms as “we”, “us”, and “our”). Please take the time to read the terms of use that are applicable to your use and enjoyment of this Site, our accommodation and the content made available to you via this Site and our social media channels (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of our Site (“user”, “you” and “your”).

ACCEPTANCE OF TERMS

By accessing and using this Site, our social media channels and any other materials made available to you on this Site, you are taken to accept our Terms. In doing so, you warrant that you:

• are over 18 years of age and have the legal capacity to enter into a legally binding contract;
• have read and accepted these Terms; and
• will comply with these Terms.

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. If at any time you choose not to accept these Terms, you should not access our Site.

Your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

BOOKING PROCESS

All bookings for Solace Stays are managed exclusively by our trusted property manager Lifestyle Group and are subject to their terms and conditions. By making a reservation, guests agree to abide by the policies set forth by our property management team. Please review these terms carefully before confirming your stay.

INSURANCE AND GUEST PROPERTY

You acknowledge and agree that we do not take any responsibility for your vehicles or possessions. You are responsible for ensuring you have appropriate insurance (including travel insurance). Please ensure that you have taken all your personal belongings with you, as we will not be responsible for any loss or damage to your belongings as a result of them being left behind. You will be responsible for any postage and handling fees, calculated at our discretion, that are incurred in returning your belongings to you.

ACCOMMODATION

We will endeavour to maintain accurate descriptions and photographs of the property on our Site and in any promotional material that will not be misleading, however we are unable to guarantee that the property will be exactly the same as displayed. We reserve the right to renovate or make other changes to the property as we see fit, including substitution or withdrawal of any facility or amenity. You acknowledge that décor is also subject to change at our discretion and may not match the images provided on our Site.

INTELLECTUAL PROPERTY

Our Site contains intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, digital products, trade marks, copyrights, proprietary information, designs, patents, business names, logos, images, designs, copy, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Site and its Content does not grant or transfer any rights, title or interest in it to you.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site or its Content in whole or in part without our prior written consent. We reserve the right to immediately revoke your access to our Site and its Content, without refund, if you are found to be violating these Terms.

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those sites. It’s up to you to decide if those sites and their content are suitable for you.

PRIVACY

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

CREDIT CARD AUTHORISATION

You must provide a credit card pre-authorisation which provides authority for payment of accommodation. Any authorised amount will vary depending on length of stay and card type.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us by means of electronic transmission.

You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, your agreement will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

FEEDBACK, COMPLAINTS AND DISPUTES

We are committed to your enjoyment of and satisfaction with your stay. If there are any issues or concerns during your stay, please contact us immediately and we will endeavour to do our best to resolve any issues or concerns as soon as possible.  If any issue or concern cannot be resolved during your stay, please contact us via our Contact Form and include:

• your name;
• your email address;
• details of your concern or complaint; and
• details of what you would like us to do to resolve the matter.

We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.

You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.

Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA

We always appreciate interaction on our social media channels and feedback about our Site and our accommodation. You may be invited to submit a review after your stay We love to hear from you!

Where you do decide to submit such feedback, comments or content, you:

• warrant that you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);
• give us permission to post or otherwise use that feedback on our social media or other channels;
• waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with;
• warrant that the content does not violate these Terms; and
• warrant that you are at least 18 years old.

We reserve the right to remove a review or comment if it:

• contains libelous or otherwise unlawful, abusive or obscene material;
• attacks our employees or another contributor;
• contains material that discloses your personal information; or
• is unrelated to the post or content that you have reviewed or commented on.

Our Site and social media channels may feature user reviews of services as well as blogs by guest bloggers. These reviews and the content of the guest blogs in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger.

TESTIMONIALS

On our Site, we present real life examples of and insights into other people’s experiences for illustrative purposes only.  These testimonials are not intended to represent or guarantee that any current or future customers will have the same or similar experiences.

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances:

• use our Site or its content for any unlawful purpose, including to solicit others to perform or participate in any unlawful acts or violate any international, federal, or state regulations, rules, laws, or local ordinances;
• attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on our Site;
• hack into any aspect of the Site, corrupt data, or cause annoyance to other users;
• infringe upon the rights of any person’s proprietary rights;
• send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
• attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

WARRANTIES AND DISCLAIMERS

This site is provided on an as is basis, and to the fullest extent permitted by law, we make no representations or warranties about our Site or accommodation, including that:

• they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
• access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
• there is no possibility of failure to store communications or other data.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we responsible for any losses or expenses, however arising, including, without limitation, any direct, indirect and/or present, unascertained, future or contingent loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our accommodation, or this Site, your inability to access our Site, interruption or outage of our Site or any inaccurate, incomplete or out-of-date content provided on our Site. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of the accommodation, this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

BREACH AND TERMINATION

The agreement constituted between us by your use of our Site may be terminated where you breach any provision of these Terms, or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access our Site.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, said provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

CEASING OUR WEBSITE

We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT

We are permitted to assign or otherwise transfer our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign or otherwise transfer your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy) constitute the entire understanding and agreement between us and you in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

GOVERNING LAW AND 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 efficiently and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.