BOOKING TERMS & CONDITIONS

  • These booking terms ("Contract") constitute a legal contract between you and Bottlenose Holdings Pty Ltd (ABN 55 675 243 580) of 17 Shepherd Street, Mollymook NSW 2539, operator of Dolphins Mollymook ("Bottlenose Holdings," "we," or "us"). By using Bottlenose Holdings' website at https://www.dolphinsmollymook.au ("Site") or otherwise booking with us, you agree to these terms and the separate Terms and Conditions and Privacy Policy on the Site.  

    You must be 18 years old to use the Site and to make a booking and use our accommodation and related services ("Services") and legally authorised to enter into this Contract. The reference to "you" or "your" means the user using the Site or Services.  

    Dolphins Mollymook operates predominantly as a digital business. All essential communications, including your room access details, will be sent via text message or email. 

    • Your room access code will be sent on the day of your reservation. 

    • Please ensure your contact details are correct to receive important updates. 

    (b) We may revise these terms from time to time by updating this posting.  The revised terms will take effect when they are posted.

    • Direct Bookings: All bookings can be made directly with the motel through our online booking system available on our website Dolphins or via selected OTA’s when available.  

    • Payment Requirement: Full prepayment (100% of the total price) is required to secure a reservation. No booking will be confirmed until the complete payment has been received by the motel. All payments for bookings must be made by VISA, Mastercard, EFTPOS or American Express. 

    • Discount Codes: When a discount code is offered, it must be entered at the time of the booking to receive the discount offered. 

    • Rates & Currency: All rates are quoted in Australian dollars (AUD) and are inclusive of 10% GST. Room rates may vary based on availability and seasonal fluctuations. 

    • Guest Eligibility: Guests must be at least 18 years of age to make a booking and to enter the property, unless accompanied by an adult.

    • Bottlenose Holdings allows you to make reservations for: 

      • guest rooms; 

      • events; 

      • conferences; 

      • seminars; and  

      • other similar functions as deemed appropriate by us. 

    • We do not permit reservations for weddings or any wedding-related events, including but not limited to wedding ceremonies, wedding receptions, bridal showers, rehearsal dinners. 

    • You may not book more than [5] rooms online or similar services for the same stay dates without our express consent.  

    • No pets are allowed at our hotel unless as a booking under the ‘Pet Friendly’ room rate without our written consent.  All pets will be limited to one domesticated cat or dog weighing no more than 25kgs. 

    • Acts of God or Government: If your booking is cancelled due to an act of God, act of government, or any other national emergency, your non-refundable deposit will be converted into a credit that can be used within 12 months. 

    • Personal Data Collection: During the reservation process, the motel collects personal data. This data is processed in accordance with our Privacy Policy and in compliance with all applicable laws and regulations. 

    • Cancellation Policy: During the booking process, please take the time to read our Cancellation Policy. 

    • Quoted Pricing and Rates: Prices quoted on the Site or otherwise by us are subject to change and correction at any time, but changes will not affect bookings already accepted. Bottlenose Holdings expressly reserves the right to correct any pricing errors.  

    • Amendment to Contract: Bottlenose Holdings reserves the right to amend this Contract at any time. Any changes will be communicated to you where relevant and will apply to bookings made after the date of the amendment. 

    • Bottlenose Holdings reserves the right to cancel a booking at any time. In such cases, you will be notified as soon as possible, and a full refund will be issued. To the maximum extent permitted by law, Bottlenose Holdings will not be liable for any additional costs or damages incurred by you as a result of the cancellation. 

    • Consent to Email and Phone Communications: By signing up to receive newsletters, booking reservations, providing your email address, and/or providing your phone number, you expressly agree to receive electronic communications from Bottlenose Holdings. 

  • To provide you with the Services, including to assist in fulfilling reservations, we use the services and licenses the platform of a third-party vendor as a hotel booking engine ("Vendor"). The provisions of this Contract relating to dispute resolution, disclaimers, limitations of liability, and indemnification shall also apply to the Vendor, as well as to Bottlenose Holdings' representatives, agents, suppliers, employees, owners, directors, and officers, who shall be express third-party beneficiaries of such provisions.  

  • If you make a booking with third-party independent travel agents or sites, the terms of this Contract shall apply to such bookings, which may be in addition to their terms. 

    • To complete your booking, you must provide the motel with a valid credit card authorization or imprint. This authorization permits the motel to access the required amount of funds from your bank account to cover your reservation. 

    • The provided authorization serves as a security measure and may also be used to cover any incidental charges, damages, or additional fees incurred during your stay. 

    • By providing your credit card authorization, you confirm that you have the legal authority to allow the motel access to the specified funds and agree to pay for any additional charges that exceed the initially secured amount. 

    • In the event that the required funds are unavailable, or the authorization is declined, the motel reserves the right to cancel your booking and may apply any applicable fees. 

    • By confirming your booking, you authorize Bottlenose Holdings to access funds from your provided credit card in the event that you, or any persons associated with your reservation, damage, harm, or compromise the premises in any way. This includes, but is not limited to, incidents such as smoking in the room or on the premises, which breach this Contract. The funds accessed may be used to cover any fees, charges, or costs associated with such breaches 

    • Please note that providing valid financial details as outlined above is a mandatory requirement for making a booking with Bottlenose Holdings. If you are unwilling to provide the required financial information, you will not be permitted to complete a booking at the motel. 

    • Dolphins Mollymook take the security of your payment information very seriously. We utilize a Property Management System (PMS) that adheres to industry-standard security practices, including: 

    • PCI DSS Compliance: Our PMS is designed in accordance with the Payment Card Industry Data Security Standard (PCI DSS), ensuring strict handling, processing, and storage of credit card information. 

    • Encryption: All sensitive data is protected by strong encryption protocols (such as SSL/TLS) when transmitted between your device and our servers. Additionally, your credit card details are encrypted at rest, keeping your information secure even if unauthorized access were to occur. 

    • Tokenization: Instead of storing raw credit card numbers, our system utilizes tokenization, replacing sensitive information with a secure token. This token has no exploitable value and minimizes the risk associated with data breaches. 

    • Secure Payment Gateways: We partner with trusted, PCI-compliant third-party payment processors who manage the actual transaction and storage of your credit card data, further ensuring the security of your information. 

    • All credit card information processed by Bottlenose Holdings is handled in strict accordance with our Privacy Statement and applicable data protection laws. By providing your credit card authorization, you acknowledge and agree to these security measures and authorize us to process your payment accordingly. 

  • Standard check-in begins at 2:00 pm. This check-in time is clearly indicated during the online reservation process. 

    To guarantee an early check-in, guests must reserve the full night's accommodation prior to arrival. Early check-in cannot be guaranteed unless this requirement is met. 
     

    • Check-in is predominantly remote. Prior to your arrival, you will be required to complete a Digital Check-in process. After completing this step, you will be sent an access/door code, on the day of arrival, via email or text message that will allow you access to your room. This access code will only be activated at the standard check-in time of 2.00 pm. 

    • Standard check-out is at 10:00 am. 

    • If you wish to check out after the standard check-out time of 10:00 am, you must obtain approval at least 24 hours prior to your scheduled check-out. 

    • Late check-out is subject to availability and cannot be guaranteed. The motel reserves the right to deny or refuse such requests for any reason. 

    • Unless late check-out approval has been granted, your access code will expire at 10:00 am on the day of your scheduled check-out. 

    • There will be a late check-out fee of $100 if the room is not vacated prior to the standard check-out time as listed above. 

    • If you do not check in on the scheduled arrival date and have not cancelled the booking, the booking will be considered a "no-show." In the case of a no-show, you will be charged the full amount of the booking, and the remainder of the booking will be cancelled. 

    • Cancellations made 14 days or more prior to arrival – Eligible for a full refund of any payments made. 

    • Cancellations made between 14 to 7 days prior to arrival – Eligible for a 50% refund of the total reservation amount. 

    • Cancellations made within 7 days of arrival – No refund will be issued. 

    • Non-Refundable Room Rate Packages – Bookings made under non-refundable rates or special discounted packages are not eligible for refunds or modifications at any time. 

    • Illness – If you are unable to travel due to illness, you may, at the discretion of Bottlenose Holdings, transfer your reservation to a friend or family member for the same dates at no additional charge. We require 24 hours' notice to update the reservation details. 

    • Date Changes – Requests to change reservation dates must be made at least 14 days prior to the original check-in date and are subject to availability. Any rate differences between the original booking and new dates will apply. 

    • Early Departure - If you check out before the scheduled departure date, we reserve the right to charge for the full duration of the booking. No refunds will be issued for early departures 

    All cancelations are required in writing.To cancel your reservation, please email: info@dolphinsmollymook.au

    • Guests are expected to take reasonable care of their rooms and the motel property. Any damage, excessive mess, or missing room items will result in additional charges to the authorised account following your departure. 

    • Extra cleaning duties incurred by motel staff due to excessive mess may result in a cleaning fee. 

    • No Smoking or Vaping: Smoking is strictly prohibited in any rooms or on the motel premises, this includes the use of vapes. If smoking is detected on-site, a fee of $300 may be charged to your account 

    • Fire Alarm Liability. If smoking in your room causes the fire alarm to activate, you may be liable for a fire brigade call-out fee of up to $1000. 

    • All guests under the age of 18 must be always accompanied by a responsible adult. 

    • Infants (2 years and under) may share a room with their parents provided that a crib has been requested during the booking process.  

    • No extra persons are allowed to stay in a room beyond the maximum occupancy for the given room type, excluding infants as stated above. In the event of a breach of this policy, a penalty fee of $200 per person over the rooms occupancy limit will be charged to the guest's account. 

    • Bottlenose Holdings cannot be held liable for any lost, stolen or damaged items. if a guest leaves an item behind it is their responsibility to retrieve that item.  

    • To ensure the comfort and peace of all guests and neighbours, a strict no party policy is enforced. Any party or large gathering that disrupts the tranquillity of the premises will be considered a breach of these terms and may result in additional penalties or cancellation of your stay. 

    • If a booking is made on behalf of another person, that person is deemed to have accepted this Contract on behalf of the other person, and the other person will be subject to the terms of the Contract.  

    • To use the Services, you may be required to create an account with your email address. You warrant that you will only provide accurate and non-misleading information for your account and that you will not create more than one account or impersonate anyone.  

    • You have the right to make a complaint about any deficiencies advertised but not provided by Bottlenose Holdings. Bottlenose Holdings will resolve the complaint as soon as practicable or offer an equal substitute resolution. You must allow for a reasonable period for Bottlenose Holdings to organise a reasonable solution. You are not entitled to financial remuneration if an equal resolution is found or reimbursement of costs associated with the complaint. 

    • Bottlenose Holdings aims to ensure a pleasant and relaxing stay for its guests by adhering to high standards of comfort, safety, and satisfaction. In addition to termination of your stay, Bottlenose Holdings reserves the right to rescind the Contract and cancel your booking without any refund, exchange, or financial compensation under the following circumstances: 

    • failure to pay for services or fees by the specified dates; 

    • any actions by you or other persons for whom the services are provided that constitute a breach of this Contract; 

    • violation of hotel regulations despite prior warnings (which may be given verbally), including but not limited to misbehaviour, harassment of hotel staff or other guests, or any other unbecoming or disruptive behaviour; and 

    • making speculative, false, or fraudulent reservations. 

    • We reserve the right to enter your room as reasonably required to ensure the safety, comfort, and well-being of all guests and to maintain the quality of our services. Instances where our staff may need to enter your room include, but are not limited to, the following, to: 

    • clean and service your room as per our housekeeping schedule; 

    • provide any additional amenities or services requested by you; 

    • perform necessary maintenance or repairs to ensure the room remains in good condition; 

    • address any reported issues or malfunctions within the room; 

    • conduct safety checks, including fire safety inspections and emergency evacuations; 

    • respond to any alarms, disturbances, or suspicious activities reported in or around the room;  

    • ensure the well-being of guests, particularly in cases where there is reason to believe a guest may be in distress or require medical assistance; 

    • comply with health and safety regulations, including those related to public health emergencies; 

    • ensure compliance with hotel policies, including non-smoking and occupancy limits; and 

    • investigate any complaints or reports of policy violations. 

    • The pool is available for use by registered guests only.  

    • Children under the age of 16 must be supervised by an adult at all times while using the pool. 

    • Guests are required to observe all posted pool rules and any instructions provided by motel staff. 

    • Use of the pool is entirely at your own risk. No lifeguard is on duty unless otherwise specified 

    • The pool is maintained and operated in accordance with the Swimming Pools Act 1992 (NSW) and the applicable regulations, ensuring adherence to all NSW health and safety standards. 

    • Appropriate safety signage is displayed, and the pool area is secured with compliant fencing and access controls as required by law. 

    • Guests who appear intoxicated or whose behaviour is deemed unsafe may be denied access to the pool. 

    • Bottlenose Holdings will not be liable for any accidents, injuries, or losses incurred while using the pool. By using the pool, guests accept all associated risks and agree to release the motel from any claims arising therefrom. 

    • At Dolphins Mollymook, we strive to provide a welcoming, safe, and comfortable environment for all our guests. To ensure that everyone can enjoy the shared spaces, all guests are required to adhere to the following guidelines: 

      • All guests must treat fellow patrons with courtesy and respect. Please refrain from engaging in loud or disruptive behaviour that may disturb others. 

      • Aggressive language or actions will not be tolerated and may result in the loss of access to these areas or further action from management. 

      •  Guests are expected to treat the condition of the premises with care. Any intentional or negligent actions that damage the common areas may result in repair charges being applied to the guest’s account. 

      • If issues are encountered with any of Dolphins Mollymook's property in the common areas of the Motel, patrons must not unreasonably attempt to fix it, mend or otherwise alter the ordinary state and condition of the property and will instead notify our staff via email info@dolphonsmollymook.au.  

    • Dolphins Mollymook provides a wireless network free of charge to guests. This service is provided "as is" and without warranties of any kind—whether express, implied, or statutory. We cannot guarantee that the network will be uninterrupted, timely, secure, or error-free at all times, or that it will meet all guest requirements. 

    • Dolphins Mollymook will not be held liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the Wi-Fi service. 

    • Dolphins Mollymook reserves the right to modify this Wi-Fi Service Policy at any time without prior notice. Continued use of the service after any modifications constitutes your acceptance of the updated terms. 

    • Force Majeure refers to any event or circumstance beyond the reasonable control of Bottlenose Holdings that prevents, hinders, or delays the performance of its obligations. Such events include, but are not limited to, natural disasters (e.g., earthquakes, floods, storms), acts of war, terrorism, pandemics, government directives or regulations, civil disturbances, labour disputes, adverse weather conditions, circumstances of emergency delays in transportation and any other unforeseen circumstances that are beyond our control. 
       

      • In the event that a force majeure occurrence prevents or significantly impairs our ability to provide services, we reserve the right to modify, postpone, or cancel bookings. 

      • If your booking is affected by a force majeure event, any non-refundable deposit may be converted into a credit for future use, or a refund may be issued at the discretion of management, subject to applicable terms and conditions. 

      • We shall not be held liable for any failure or delay in performing its obligations due to a force majeure event. 

      • We will not be responsible for any direct, indirect, incidental, or consequential damages or losses incurred by guests as a result of such events. 

    • To the fullest extent permitted by law, Bottlenose Holdings disclaims all warranties, express and implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Site and Services are provided on an "as is" and "as available" basis.  

    • By making a booking and/or staying at Dolphins Mollymook, you agree to indemnify, defend, and hold harmless Bottlenose Holdings, its owners, directors, employees, agents, and affiliates (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, losses, damages, costs, or expenses (including legal fees) arising directly or indirectly from any of the following: 

      • Use of the Premises: Any injury, loss, or damage incurred by you or any guest associated with your booking while using the premises  

      • Breach of Contract: Any breach or violation of this Contract, policies, or any applicable law by you or any person associated with your booking.  

      • Negligent or Wrongful Acts by you: Any negligent or wrongful act or omission by you or any guests associated with your booking, including actions resulting in personal injury, property damage, or other losses. 

      Exception: 
      This indemnity shall not apply to the extent that any claims, liabilities, losses, damages, costs, or expenses arise solely from the negligence, wrongful act, or omission of Bottlenose Holdings, or from a breach of its Contract. In such cases, Bottlenose Holdings shall be solely responsible for those issues, and you shall have no obligation to indemnify the Indemnified Parties. 
       
      Governing Law and Jurisdiction: 
      This Indemnity Policy is governed by the laws of New South Wales, Australia. Any disputes arising under or in connection with this policy shall be subject to the exclusive jurisdiction of the courts in New South Wales, Australia. 

  • Informal Dispute Resolution 

    A "Claim" means any claim or dispute between you and Bottlenose Holdings arising out of or related to this Contract, the Privacy Policy, the Services, any dealings with Bottlenose Holdings, any representations or omissions by Bottlenose Holdings, or the Site. Before seeking relief through arbitration, you agree that you will first notify us to try to resolve any Claim(s) against Bottlenose Holdings. You can reach us by phone and/or email, at 02 4415 6130 or info@dolphinsmollymook.au

    Arbitration Procedure 

    If the Claim is not resolved through Informal Dispute Resolution, the aggrieved party ("Claimant") must send a formal written notice of the Claim ("Notice") to the other party. The Notice must be sent by mail and email, and include the Claimant's full name, postal address, email address, relevant facts, basis of the Claim and a signed statement verifying the accuracy of the information. 

    Arbitration Agreement 

    You and Bottlenose Holdings agree that any unresolved Claims will be resolved exclusively through arbitration. The decision shall be final and binding on both parties. Arbitration will be governed by the rules of the Australian Centre for International Commercial Arbitration (ACICA), and the arbitrator may consolidate multiple arbitrations involving related claims, in accordance with the relevant provisions of the Commercial Arbitration Act 2010 (NSW).  

    Choice of Arbitrator 

    Bottlenose Holdings shall have the exclusive right to select the arbitrator. 

    Class Action Waiver 

    You and Bottlenose Holdings may only bring Claims in arbitration on an individual basis and not as a class member or party in any purported class action or representative proceeding. 

  • To the fullest extent permitted by law, Bottlenose Holdings: 

    • disclaims all liability for, and does not guarantee the accuracy of, any errors or other inaccuracies on the Site, including for pricing and other descriptions; 

    • shall not be liable for indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the Site or Services; and  

    • disclaims all liability for, and you agree to hold us harmless from, any representations made by third parties (such as agents and other booking sites) in respect of us and our hotel. 

  • You agree to defend, indemnify, and hold Bottlenose Holdings and its representatives, agents, suppliers, vendors, providers, employees, owners, directors, officers, successors, and assigns harmless from and against any and all damages, liabilities, losses, costs, fines, taxes, attorney's fees, and expenses arising out of or related to your acts, errors, omissions, representations, warranties, breaches, or violations.  

  • This Contract, the Privacy Policy and Cookie Policy on the Site and the On-premises Signage and Directives constitute the entire contract between you and Bottlenose Holdings with respect to the subject matters hereof.  

    If any part of these terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible, and the remainder will remain in full force and effect. 

    This Contract is subject to the provisions of the Innkeepers Act 1968 (NSW), Fair Trading Act 1987 (NSW) and the Australian Consumer Law.  

    This Contract is governed by the laws of the New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of that place. 

  • At Dolphins Mollymook, we value your privacy and are committed to protecting your personal information. This Our Privacy Policy explains how we collect, use, store, and safeguard your information in accordance with the Australian Privacy Principles and relevant New South Wales legislation. By making a booking or using our services, you consent to the practices described in this policy: dolphinsmollymook.au/privacy-policy. 

Date of last revision: 25 March 2025

Website Terms of Use

  • (a) In these terms, "we", "us" and "our" means Bottlenose Holdings Pty Ltd (ABN 55 675 243 580) of 17 Shepherd Street, Mollymook NSW 2539, operator of Dolphins Mollymook.  Please read these terms carefully as they apply to your use of this website (including all content on it and its presentation) and your booking of hotel rooms or purchase of goods and services through this website.  By accessing or using this website you agree to be bound by these terms.

    (b) We may revise these terms from time to time by updating this posting.  The revised terms will take effect when they are posted.

  • (a) All copyright and other intellectual property rights subsisting in this website and contents on them (including the software, design, text and graphics comprised in our websites and the selection and layout of our websites) are owned or licensed by us and protected by the laws of Australia and other countries.

    (b) We grant you a limited, non-transferable licence to access and use this website solely for your personal, non-commercial purposes.  You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on this website, including audio and video excerpts, except as permitted by statute or with our prior written consent.

    (c) We (or our licensors) retain all rights, title, and interest in and to this website and all related content, and nothing you do on or in relation to this website or any of the related content will transfer any copyright or intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any copyright or intellectual property rights unless this is expressly stated.

    (d) Except as provided in these terms, use of or copying any content of this website for any purpose other than the purpose referred to in paragraph (b), is expressly prohibited, unless prior written consent is obtained from us.  You may contact us at info@dolphinsmollymook.au if you wish to obtain such consent.

    (e) Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this website without notice.

  • (a) We encourage you to provide links to this website for educational purposes or personal use.  While you may use the name “www.dolphinsmollymook.au” in the text of any such link, you may not use the Dolphins Mollymook logo or any of our other trade marks without our prior written consent. 

    (b) You must not frame this website, or represent or imply that any part of this website belongs to anyone other than us.

    (c) If we notify you that we object to the manner in which you provide links to this website, you must immediately cease providing such links.

    (d) If you provide a link to this website, you must not misrepresent your relationship with us and in no way claim or imply a relationship which has not been authorised by us.

    (e) You must not present false or misleading information about us.

    (f) The site providing the link to this website must not violate any laws and its content should not be construed as inappropriate, obscene, defamatory, vulgar, hateful or otherwise objectionable.

  • (a) When you book a hotel room with us, or place an order to purchase any goods or services from us, you are making an offer to book the hotel room or purchase the specified goods and services at the price indicated (including any applicable delivery charges, surcharges, and taxes) at the time of placing the order. Our booking and cancellation policies which form a part of these terms and appear on this website, apply to any such bookings or orders.

    (b) No contract for a booking of a hotel room or a purchase of goods or services will come into existence until your booking or order has been reviewed and accepted by us and we have notified you of such acceptance.

    (c) A booking for a hotel room or an order for goods and services may be declined where there are reasonable grounds for doing so, for example, the hotel room, goods or services are no longer available or if there is an error in the price or the description of the room, goods or services listed on the website. 

    (d) You will be notified whether your booking for a hotel room or order for goods or services has been accepted or declined as soon as reasonably practicable.

    (e) When you make a booking for a hotel room, or an order to purchase any goods or services, you agree to pay the price specified by us at the time of booking or purchase, plus any applicable delivery or booking charges based on the delivery option selected by you.  All amounts are stated in Australian dollars.  All prices include Australian GST (where applicable).  Delivery and booking charges will be additional to any purchase price and notified separately if not shown on the website. 

    (f) You will be required to pay for the booking or order by the payment methods specified on the website or otherwise accepted by us from time to time.  We will process the transaction upon acceptance of your order.  A surcharge may apply for the use of certain credit cards, and where this is the case this will also be notified before your transaction is processed. 

    (g) Any ordered goods will be delivered or provided to the place of delivery you specify when making your order.  Title to and risk in the goods will pass to you upon the delivery of the goods to this place of delivery.  We will not be responsible for any loss or damage to any goods caused by you providing incorrect delivery details or for our compliance with your delivery instructions (for example leaving any goods outside or unattended).

    (h) You may return any goods that you have purchased if the goods are faulty, different to how they were described or shown, do not serve their intended purpose, or you otherwise have a right to return them under any applicable law. If you wish to return any goods you must lodge a return request using the “Contact Us” section of the website and provide a reason for the return, within 14 days of your receipt of the goods.  Once you have done so, we will respond to your request and (if the return is accepted) provide you with the details of where the goods are to be returned to.  You must pay for any return shipping costs. Where you are entitled to return any goods, you will receive a refund or an exchange of the goods (at your choice).

  • You must not:

    1. use this website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968 (Cth);

    2. use this website in a manner or way, or post to or transmit to or via this website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying this website;

    3. make fraudulent or speculative enquiries, purchases or requests through this website;

    4. use another person’s details without their permission or impersonate another person when using this website;

    5. violate any applicable laws, or use this website for any purpose that is unlawful or prohibited by these terms;

    6. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;

    7. tamper with or hinder the operation of this website;

    8. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to this website;

    9. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of this website;

    10. modify, adapt, translate or reverse engineer any portion of this website;

    11. remove any copyright, trade mark or other proprietary rights notices contained in or on this website;

    12. collect or store personal data about other users of this website;

    13. create accounts by automated means or under false or fraudulent pretences;

    14. use this website to violate the security of any computer or other network or engage in illegal conduct;

    15. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;

    16. use this website other than in accordance with these terms; or

    17. attempt any of the above acts or engage or permit another person to do any of the above acts.

  • (a) We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this website (including the hotel rooms, goods or services available and the prices payable for such rooms, good or services).

    (b) We may stop making this website (or any part of it) available. This will not impact any current orders or bookings that have been accepted by us.

  • (a) All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these terms of use and the website that are not contained in these terms of use, are excluded to the maximum extent permitted by law.

    (b) In particular, and without limiting paragraph (a):

    • while we endeavour to provide a convenient and functional website, we do not guarantee that that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and

    • we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).

    (c) We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.

    (d) Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

    (e)  If any guarantee, term, condition or warranty is implied into these terms of use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:

    • 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

    • in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

    (f) Subject to paragraphs (g) and (h) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or the Website whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD $100 or any higher price you have paid to us in respect of the relevant goods you have purchased from us.

    (g) Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:

    • special, indirect, consequential, incidental or punitive damages; or

    • damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,

    • whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage, including missed flights, events and other occasions.

    (h) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

    (i) We are not responsible for loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment, loss of data, loss of profits or revenue, and any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.

    (j) You must take reasonable steps to minimise the extent of the loss you may suffer as a result of this website and you must notify us in writing of your loss as soon as is reasonably possible. 

  • This website may contain links to external websites that are not operated by us.  These links are provided for your convenience only and we make no representations or warranties, or have any responsibility or liability for those websites and these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

  • In using this website, you may give us personal information in which you have certain rights.  By using this website, you grant us consent to use your personal information in accordance with our privacy policy which forms a part of these terms and appears on this website.

  • (a) If a dispute arises out of or relates to these terms, either party may not commence any court or arbitration proceedings relating to the dispute unless it has first attempted to resolve the dispute by negotiation.

    (b) If the dispute is not resolved within 30 days of the commencement of negotiations, either party must refer the dispute to mediation. The mediation shall be conducted in accordance with the rules of the Australian Disputes Centre (ADC) or its successor.

  • (a) If any part of these terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.  

    (b) Your use of this website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of this website, including sending you electronic notices.

    (c) If we do not act in relation to a breach by you of these terms, this does not waive our right to act with respect to subsequent or similar breaches.  If you do not act in relation to a breach by us of these terms, this does not waive your right to act with respect to subsequent or similar breaches.

    (d) You may not assign or transfer your rights or benefits under these terms to any other person or entity without our prior consent, which we will not unreasonably withhold.

    (e) This agreement is governed by the laws of the New South Wales, Australia.  Each party submits to the non-exclusive jurisdiction of the courts of that place.

Date of last revision: 25 March 2025

Website COOKIES POLICY

  • This Cookie Policy explains what cookies are, how Dolphins Motel  uses cookies and similar technologies on our website, and the choices you have regarding their use. By accessing or using our website, you agree to the use of cookies in accordance with this policy. 

  • Cookies are small text files placed on your device by your web browser when you visit a website. They are widely used to help websites work efficiently, as well as to provide information to the website owners. 

  • We use cookies for the following purposes: 

    • Essential Functions: To enable core website functionality and secure areas of the site. These cookies are necessary for the website to function properly. 

    • Performance and Analytics: To understand how visitors use our website by collecting and reporting information anonymously, which helps us improve the site. 

    • Functionality: To remember your preferences and settings, ensuring a more personalized experience. 

    • Targeting and Advertising: To deliver content and advertisements relevant to your interests and to measure the effectiveness of our marketing efforts. 

    • Essential Cookies: Required for the operation of our website; these cannot be disabled in our system. 

    • Performance Cookies: Collect anonymous data to help us understand how our website is used, allowing us to improve its performance. 

    • Functionality Cookies: Allow the website to remember choices you make (such as language or region) to enhance your user experience. 

    • Targeting/Advertising Cookies: Used to deliver relevant advertisements and track the effectiveness of our advertising campaigns. Some of these cookies may be placed by third-party advertising partners 

  • Our website may also use cookies placed by third parties (e.g., analytics services and advertising networks). These cookies are subject to the privacy policies of the respective third parties. 

    • You can manage, block, or delete cookies through your web browser settings. 

    • Please note that if you disable cookies, some features of our website may not function properly, or your user experience may be diminished. 

    • For detailed instructions on managing cookies, please refer to your browser’s help documentation. 

  • Dolphins Mollymook reserves the right to modify or update this Cookie Policy at any time. Any changes will be posted on this page with an updated effective date. Your continued use of our website after any modifications constitutes your acceptance of the updated policy.

  • If you have any questions or concerns about our Cookie Policy, please contact us at: info@dolphinsmollymook.au

Date of last revision: 25 March 2025