BOOKING TERMS AND CONDITIONS

These Booking Terms and Conditions apply to all clients or all potential clients of Go Kinda Pty Ltd [ ACN 655707038]  (“we, us, our”). These Booking Terms and Conditions together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any client of ours, and any person who makes a booking with us. 

BACKGROUND

We are a booking platform for stylish and conscious hotels (“Hotels”). We are a facilitator only and assist in enabling you to book Hotels that help you travel as responsibly and enjoyably as possible. All our Hotels are handpicked according to information we have available to us, which we rely upon to be true. Some Hotels may have been visited however most have not. All Hotels on our website have taken steps to operate socially and/or environmentally consciously however, in most cases, they are not truly sustainable. Hotels that have opted to be formally recognised for their conscious efforts by a third-party certifier with standards recognised by the Global Sustainable Tourism Council (GSTC) will appear on our website with an additional “certified” tag.

COVID-19

The Covid-19 pandemic has had an impact on the way we travel. It is your responsibility to inform yourself of the travel, visa and/or health requirements of the country that you are visiting. We recommend you visit the Smartraveller website if you are travelling from Australia. You should also regularly monitor the immigration websites of every country or state you are travelling to or transiting through.

PAYMENT

To secure and guarantee a hotel booking you will be required to provide a valid method of payment. Your payment method details will be securely transmitted to the hotel. It is the hotel that is the merchant of record and will charge your payment method, not GoKinda. GoKinda does not store your payment method details.

The amount payable will be notified to you and will depend on the size of your party, the duration of the holiday, the hotel you select and similar considerations. Your method of payment will be charged according to the specific payment terms of your hotel as communicated to you during the booking process. Most bookings will be charged upon check-in or check-out however some bookings may require earlier or instant payment as communicated during the booking process. Some hotels might test your payment method with an authorisation before the payment date indicated, resulting in frozen funds for a short period of time.

Any pre-paid bookings that require full payment upfront are non-refundable, non-changeable and non-transferable unless stated otherwise during the booking process. Once your pre-paid booking has been made, your method of payment will be charged the full amount. If your method of payment is not charged instantly, your payment method will be charged the full amount if you cancel. Credits will not be issued for these bookings.

CURRENCY

Your method of payment will be charged the amount indicated during the booking process in either the hotel’s local currency or an otherwise indicated currency. This amount could be more or less than the AUD conversion provided at the time of booking. For domestic Australian bookings, charges will usually be in AUD, but not always. Your hotel may charge a credit card fee above the total booking amount indicated. For international bookings, foreign exchange fees may apply to your method of payment. These fees depend entirely on your banking provider and are not charged by your hotel or GoKinda.

Your payment method details may also be used by the hotel for the payment of a deposit if specified, in case of a no-show, and/or for any changes or cancellations you make to your booking. GoKinda does not store your payment method details.

CHANGES, CANCELLATIONS AND REFUNDS

Changes

It is your responsibility to change your booking in the time frames specified to avoid additional fees. Any changes that need to be made within 7 days of incurring fees should be made directly with the hotel. Less urgent changes can be directed to [email protected]

Changes to dates, times, the size of your party, or other changes to your Hotel booking are at the Hotels’ sole discretion and are subject to availability. The Hotels may charge additional Fees for these changes.

Cancellations

It is your responsibility to cancel your booking in the time frames specified to avoid additional fees. All cancellations must be made on the GoKinda website via ‘My account’. Navigate to the relevant booking via ‘My bookings’ where you will find the option to ‘Cancel’.

The Hotel may charge a cancellation fee, as communicated during the booking process, when you cancel any booking. All fees will be charged to your original method of payment, and any refunds issued accordingly.

Refunds

Refunds will be processed by the hotel directly to you using the method of payment that you used to make the booking. We will not be involved in or liable for any refunds which are refused. The time for processing a refund may vary according to the hotel’s practices. When making a booking you agree to be bound by the hotel’s terms, conditions, timeframes and other practices for processing refunds. Any refund will be subject to the current exchange rate and may differ from the exchange rate at the time of booking.

To the extent permitted by law, all Full Payments and Hotel Fees are non-refundable except as expressly provided by the Hotel. This includes, but is not limited to, cancellations by you due to relationship breakdowns, personal, family, or financial situations, unforeseen circumstances, sickness, and all Force Majeure Events. We also do not provide refunds where you change your mind, or where you fail to provide us with adequate information.

On occasion the Hotel may need to cancel a booking. We will notify you as soon as possible of any changes.

Please ensure you read all Hotels terms and conditions in relation to opportunities to postpone or cancel the Hotel Booking and in relation to credits and refunds.

ADDITIONAL FEES

At times, Hotels may require additional fees to be paid directly during your stay. These fees may be referred to as resort fees, amenity fees, destination fees, conservation fees or similar. While we do our best to present this information during the booking process, we do not warrant that additional fees will not be payable. These fees are especially common in North America (including Hawaii) and Mexico. It is your responsibility to understand the fee arrangements that are applicable in different jurisdictions or locations, whether described as fees, taxes, excise, disbursements, gratuities or other.

CONSUMER GUARANTEES

You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law in relation to the accommodation services provided by the Hotel. Where you have an issue with the Hotel, please notify us of any cancellation or refund request and we will act on your behalf.

Since we rely on feedback to ensure the Hotels we list provide an excellent service, you acknowledge and agree to immediately notify us also where you are at all dissatisfied with any Hotel. We request any shortcomings of our Hotels identified by our customers be advised to use via [email protected] so we can provide feedback and make decisions on their future inclusion in our portfolio.

PRICES AND DESCRIPTIONS ON OUR WEBSITE

We may change prices on our website without notice to you. We may also discount prices from time to time.  The descriptions of Hotels may also change without notice to you. There may on occasion be errors or omissions in Hotel descriptions or prices, availability and promotions. While all efforts are made to ensure the Hotels we include in our portfolio meet our requirements, we cannot be held responsible if they are not as described. We rely on information provided to us by our partners to be timely and true. Certifications may have lapsed by the time of travel, or there may be a lag period of when we are advised of a lapsed certification or newly awarded certification, or other information. We may, but are not obliged to, correct any errors or omissions or change and update information if information is inaccurate at any time, without prior notice to you.

Except as required by law we do not warrant the quality of the Booking Services or warrant that they will meet your expectations.

Our website contains various information about the Hotels, including ratings, prices and eco-certifications. It may also include various pre-conditions regarding minimum ages, dietary requirements, pets, disability access and more. Whilst we use our reasonable endeavours to ensure information from Hotels is accurate, we cannot guarantee that it is current or accurate, and you are solely responsible for reading any pre-conditions, and complying with all terms and conditions of the relevant Hotel. You are solely responsible for ensuring you and all group members have sufficient physical capacity to stay at any Hotel.

YOUR OBLIGATIONS AND CONDUCT RULES

You agree to provide us with various information for your Booking (“Information”). You represent and warrant that:

• all Information you provide is current and correct (you must promptly inform us of any updates to the information, including any changes to members in your party, duration of stay, or other changes);
• you will respond promptly to any of our requests for further information*.
• If you encounter an issue, it is your responsibility to raise it with us as soon as you become aware of it and provide us with an opportunity to resolve it. Failure to do so may prevent us from providing you with assistance and result in liabilities or expenses for which we are not responsible or liable.

Any personal information you provide is used subject to our Privacy Policy. You acknowledge and agree that we rely on the Information you provide.

Your Obligations

You must ensure that you have a valid passport, visa and any vaccinations that are required for travel to your hotel. You are solely responsible for ensuring they are in place and for obtaining your own travel insurance.  You are solely responsible for travel to your hotel, and any late arrivals to hotels.

SPECIAL REQUESTS

Where you require any special dietary requirements, sleeping requirements, have pre-existing medical conditions, variations to check-in or check-out times, or any personal situation that may affect your requirements for the Hotel, you must notify us at the time of Booking. Special Requests may incur additional charges and are subject to availability and not guaranteed.

* Where we contact you and receive no reply within 7 days, or before departure, if departure is within 7 days, any payments made may be forfeited.

MARKETING

Where you provide us with photographs and/or videos of your stay, we may use the photographs and video for marketing and information purposes, or publications exhibitions and professional awards. You must seek our prior written consent before any publication of information about us. 

TERMINATION

We may refuse to provide Booking Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately refuse to deliver the Booking Services. We can also stop offering our Booking Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Booking Services. We will however, endeavour to notify you if we suspend or stop our Booking Services.

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of the Booking Services, including, but not limited to, any errors or omissions in any website content, price changes or discontinued services, any changes and any Force Majeure Events.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-

• the supply of equivalent booking services; or
• the payment of the cost of the booking services.

In any case, our liability to you will not exceed the amount actually paid by you to us.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including where you provide incorrect information, and any disclosure of your personal information.

IF THERE IS A DISPUTE

If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging will be the subject of compensation in any mediation or litigation claim.

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER

This Agreement is to be construed in accordance with the laws of NSW Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms for Events and other terms and conditions on our website, these Terms for Events prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.

DEFINITIONS

Booking Services means the hotel booking services we provide to you.

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Force Majeure Events include but are not limited to any pandemic, changes to regulations, weather events, travel limitations, venue closures and ‘acts of God’.

Hotel means the hotel that is advertised on our website.

Hotel Fees means any resort fees (or similar) charged locally by the hotel.

Full Payment means all fees due and payable to the Hotel for your stay.

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs. 

Service Fees means all our fees for providing the booking services.

We, us, or our means Go Kinda Pty Ltd [ACN 655707038] and includes any of our directors, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.

Website and services means www.gokinda.com.au and everything available on this website including, but not limited to, our Booking Services.