Discovery Parks -Booking Terms of Website Use

Last updated December 2020

1. Bookings and Orders

1.1  The information provided on this website in relation to the provision of accommodation or other services by us constitutes an invitation to treat and is not capable of acceptance by you. Any booking you make, or order you place, constitutes an offer made by you to purchase the relevant accommodation or service subject to these terms and conditions.  A contract in relation to your offer is formed once we process your payment.

1.2   You acknowledge that any reservations made through agents or other third parties may be subject to separate terms and policies and you are solely responsible to check and accept those terms and policies.

2. Tariffs and Payments

2.1    The rates displayed on our website (‘tariff’) are based on the number and type of guests for the specified time and duration. Any changes to those items may result in an increase to the tariff and you agree to pay any increase at the time of change.

2.2  The tariff quoted is in Australian dollars and current at the time of booking and is inclusive of GST (unless expressly stated otherwise). The tariff only becomes firm upon your payment in full for the specified time and duration.

2.3  Unless expressly stated otherwise, only one promotional or membership offer can be redeemed on any booking.

2.4  Promotional code, voucher or membership discounts must be redeemed at the time of booking. Discounts will not be applied or refunded after a booking has been confirmed.  All third party coupons, vouchers, promotional codes are issued subject to the terms and conditions specified by those third parties.

2.5  Any amount in connection with your booking which is outstanding at the time of check-in must be paid at check-in unless alternative arrangements have been agreed with park management prior to arrival.Any additional charges incurred after check-in must be paid in full at the time they are incurred.

2.6  If you pay by MasterCard or Visa credit or debit card, Amex, Diners or Union Pay, we will charge a card surcharge of 1.00% of the total transaction value (excludes EFTPOS transactions).  The surcharge amount will be displayed at the point of booking before you proceed to payment.  We reserve the right to vary the surcharge in accordance with the applicable costs and merchandise fees in accepting a credit card payment at any time without prior notice.

3 . Cancellations

3.1   Unless the park has communicated stricter cancellation conditions (for example during that park’s peak season) in your booking confirmation, or the website on which you have made your booking has advised you of stricter cancellation conditions, you agree that the cancellation conditions set out in these terms and conditions apply.

3.2  Single booking cancellations: Where your booking relates to only one on-site accommodation service, and that booking is cancelled:

3.2.1  14 days or more prior to the arrival date stated in the booking, you will be refunded the amount equal to the tariff you have paid less the same tariff for one night’s accommodation; or

3.2.2  less than 14 days prior to arrival, you will be refunded an amount equal to the tariff you have paid less 25% of the total tariff applicable to your booking or the tariff for one night’s accommodation, whichever is greater.

3.3  Group booking cancellations: Where the booking is a group booking which relates to two or more on-site accommodation services, and that booking is cancelled:

3.3.1  30 days or more prior to the arrival date, then you will be refunded an amount equal to the tariff you have paid less the same tariff for one night’s accommodation; or

3.3.2  less than 30 days prior to arrival, then you will be refunded an amount equal to the tariff you have paid less 25% of the total tariff applicable to your booking or the tariff for one night’s accommodation, whichever is greater.

3.4  You may request a bookingbe changed however any request will be subject to availability, the tariff may change depending on the new booking period and administrative fee may also apply to make the change.

4. Booking Credits

4.1  As an alternative to cancelling a booking you may request us or we may offer to amend a booking and issue you with a Booking Credit Certificate to the value of your existing booking to use at one of our parks for up to 12 months.If you make a request we may, but are not obliged to, issue you with a Booking Credit Certificate.

4.2  Acceptance and redemption of a Booking Credit Certificate is subject to these Terms and Conditions.

4.3  A Booking Credit Certificate:

4.3.1  is only redeemable for accommodation at our parks, and is not redeemable for cash, meals, sightseeing or any other products or services;

4.3.2  is not transferrable and must be presented at the time of check-in;

4.3.3  may be used in part or in full, and any Remaining Value can be used towards subsequent purchases of accommodation at our parks;

4.3.4  if lost, stolen or destroyed may be replaced by us at our sole discretion; and

4.3.5  is valid only for a period of 12 months from the date of issue (expiry date) and if not used prior to the expiry date will be void, of no value and any unused value will not be refunded.

4.4  You are responsible for informing us of the correct email address for delivery of any Booking Credit Certificate.  We are not liable for any amount in relation to any Booking Credit Certificates that are lost or undelivered via electronic means.

5. Early Departures and No Shows

5.1  No refunds are given for unused portions of your booking, including no-shows and early departures or cancellations where you or your party has arrived at the park.   A no-show is when you do not check-in on the day of your booking.

5.2 We reserve the right to refuse entry into the park for any reason we so determine in our discretion (including for our own purposes). A full refund will be issued if this occurs unless our refusal is a result of your breach of these terms and conditions.

USE OF OUR PARKS

6. Your Party

6.1  You must ensure at all times that your party complies with these terms and conditions.  You agree that any breach of these terms and conditions by your party will constitute a breach by you.

7. Check-in and check-out

7.1   You and your party must report to reception and sign in on arrival.

7.2  When you check-in, you may be asked to provide photographic identification.We may refuse to process your check-in or refuse you entry to the park until you provide identification to our satisfaction.

7.3  A 2pm check-in and 10am check-out applies to all bookings unless alternative arrangements have been agreed with park management in writing prior to arrival.  If you do not depart before check-out time you agree that we may charge you for an additional day at the prevailing tariff applicable to your accommodation for each day (or part thereof) until you depart.

7.4  You must return any keys and security cards at the time of your departure and agree that we may charge you for the replacement costs of any keys or cards you lose or fail to return to us.

7.5  Rooms or cabins left in an unsatisfactory state (as determined by us) will incur a cleaning charge of five hundred dollars ($500).

7.6  You agree that regardless of your length of stay there is no tenancy or other proprietary rights createdin your favour under any laws.  We grant you a licence to stay in or use the facilities in our park and we reserve the right to terminate the licence at any time.

8. Right of removal

8.1  If during your stay, you or your party fails to comply with these terms and conditions, then in addition to any other right we may have, we may immediately terminate your accommodation and evict you and your party without liability to you.  You agree that in these circumstances we are not required to refund any amount in relation to your booking or any other goods or services you have purchased from us.

9. Park rules, guidelines and safety instructions

9.1  You and your party must at all times:

9.1.1  obey all park rules, guidelines and signage and reasonable requests from park staff;

9.1.2 abide by the signed speed restrictions in the park;

9.1.3 take care for your own safety and the safety of others; and

9.1.4 safely and securely stow your possessions.

9.2  Any monies or other valuables, goods or vehicles that belong to you, brought in or on to the park (including any car park facilities) remain your responsibility and we are not responsible for their safekeeping.

9.3  You must ensure that persons under 18 years of age (minors) in your party are accompanied and supervised by a parent or guardian at all times whilst at the park. You acknowledge that there will be third parties present in the park during your stay and that we are not responsible for the acts or behaviour of those parties.  It is your responsibilityto ensure the personal safety, welfare and protection of all minors in your party at all times during their stay at the park.

9.4  You are not permitted to bring animals with you to the park except where:

9.4.1  the animal is a dog; and

9.4.2 we identify the park as a dog friendly park; and

9.4.3  you agree to the dog guidelines and conditions and complete and sign the dog owner declaration prior to entry to the park.

9.5  A copy of the dog guidelines and conditions and dog owner declaration is available at each park or by clicking the link below.

9.6  Smoking is not permitted in or around any park facilities (including cabins/rooms and any amenities, playgrounds, jumping pillows, games rooms, cafés or aquatic areas).  If we consider that you or your party has smoked in a cabin/room, you will incur a $500 cleaning fee.

9.7  You and your party must respect the comfort of others staying in park at all times. Any unruly behaviour, excessive noise, drunkenness, bad and/or offensive language will not be tolerated and may result in you and your party being evicted from the park without refund.  Quiet time in the park is after 10pm every day, and we may require you to refrain from any behaviour we consider may be disruptive to other guests of the park.

9.8  In order to ensure the comfort of others staying at a park, only one vehicle is permitted per booking.

9.9  In accordance with applicable legislation, we reserve the right to protect our lawful interests and deter security incidents such as theft, vandalism, unruly behaviour and violence.  We may operate, or appoint third parties to operate on our behalf, CCTV cameras in the park, which if operated will be visible.

9.10  All recreational activities (including without limitation any swimming and water sports) are undertaken solely at the risk of the participant. You are responsible for supervising and ensuring the safety of any minors undertaking recreational activities.

9.11   If we provide safety equipment in relation to undertaking recreational activities at the park you and your party must it when undertaking the recreational activity.

9.12  Helmets must be worn at all times when using bicycles, skateboards, scooters or any other wheeled toy.

10. Liability

10.1  Your purchase of any accommodation or other goods or services may be subject to certain laws, including statutory warranties under the Australian Consumer Law. Nothing in these terms and conditions is intended to exclude or restrict the application of such laws but we do not give any guarantee or warranties or make any representation of any kind, express or implied outside of those laws.

10.2 Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by us are excluded.

10.3 Specifically, but without limitation, to the full extent permitted by law:

10.3.1  We make no warranty as to the suitability or safety of any of our parks, the park facilities or any recreational activities which may be undertaken at our parks.

10.3.2  You agree to take full responsibility for, and fully ensure the safety of, all minors in your party at all times while they are in our park.

10.3.3  We do not make any representation about the suitability of the accommodation or services contained on our website and the inclusion or offering of any accommodation or services on our website does not constitute any endorsement or recommendation of such accommodation or services by us;

10.3.4  We are not liable for disruptions to our website (howsoever arising) and do not guarantee the accuracy of any information on our website, and you acknowledge that it may include inaccuracies or errors, including pricing errors;

10.3.5  We do not warrant that this website or any email sent by us are free of viruses or other harmful components.We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of our website.

10.3.6  We are not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential or economic loss) however caused and which is suffered directly or indirectly in connection with the use of our website, including without limitation use of any service provided or booked through or in connection with our website.

10.3.7  You agree to release us, indemnify and hold us harmless against and from all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including consequential and economic losses, property loss/damage and damage for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your booking or your stay at the relevant park for any reason except to the extent caused by our negligence.

10.3.8  If any warranties relating to goods or services obtained from this website are implied by us at law and cannot be excluded by us, then to the maximum extent permitted by law our liability to you is limited to:

    1. in the case of goods supplied to you by us, the repair or replacement of the relevant goods; and
    2. in the case of services supplied to you by us, the supply of the relevant services again, or the payment of the cost of resupplying the services.

11. General

11.1   No failure under these terms and conditions to exercise nor any delay in exercising any right, power or remedy by us operates as a waiver and any waiver will be not valid or binding on us unless we make it in writing.

11.2 Any part of these terms of use which is invalid or unenforceable at law is severed from these terms of use without affecting the balance of the terms of use.

11.3 South Australian law governs these terms and conditions and you agree to submit to the exclusive jurisdiction of South Australian courts in respect of any dispute regarding these terms and conditions.

11.4 Any queries or disputes arising in connection with a booking or any matter in connection with these terms and conditions is to be directed to Discovery Parks on 08 8219 3000 or in writing at Discovery Parks, Level 7, 60 Light Square, Adelaide SA 5000 or via email at admin@discoveryparks.com.au.