(a) Headings are for convenience only, and do not affect interpretation.
(b) A singular word includes the plural, and vice versa.
(c) A reference to dollars or $ is to an amount in the currency of the country the Hotel is located.
(d) The Company may be referred to as ‘Guest’.
2. Reservation Procedure
(a) Reservations shall be made via the booking preference page set out on the corporate rate agreement document.
(b) The Hotel’s general terms and conditions for hotel services apply, unless set out otherwise herein; payment of rendered services shall be made by the Guest upon check out, unless stated differently at the time of booking and confirmed by the Hotel.
In Australia and New Zealand, accommodation rates are quoted inclusive of Goods and Services Tax (“GST”). To the extent applicable, rates quoted for Australian properties in this agreement are inclusive of 10% GST and rates quoted for New Zealand properties in this agreement are inclusive of 15% GST. Rates may increase without notice due to government changes to the GST percentage or to the imposition of additional government charges, taxes and levies.
(a) The Company agrees to keep confidential all information disclosed by or on behalf of the Hotel. The Company must not use or disclose the Hotel’s confidential information except to its employees, directors or professional advisors on a need-to-know and confidential basis to the extent necessary for the performance of obligations or exercise of rights under this Agreement or with the Hotels’ prior written consent. The Recipient must ensure that all persons to whom the Recipient discloses confidential information are made aware of its confidential nature and are under a similar obligation of confidentiality.
(b) The obligations of confidence in this clause do not apply to the extent the Company is required to disclose the confidential information by law, in which case the Company will (except to the extent incompatible with applicable law) first notify the Hotel of the requirement to provide the confidential information to the extent practical and take all reasonable and lawful steps to object to and restrict the required disclosure.
(c) The Company must, upon the earlier of demand by the Hotel or the time the confidential information is no longer required by the Hotel for a permitted purpose promptly cease all use of confidential information of the Company and return to the Hotel or destroy (at the Hotel’s option) the confidential information and any other materials to the extent that they refer to or incorporate the confidential information, except to the extent required by law, or as may be stored on any automated back-up system where it is not reasonably practical to destroy and confirm in writing when this has been done.
(d) The Company must promptly notify the Hotel of any actual or suspected breach of this clause and promptly take all reasonable steps to prevent and mitigate the consequences of the actual or suspected breach and cooperate with the Hotel in relation to any proceedings which the Hotel may take in relation to any unauthorised use or disclosure of the Hotel’s confidential information in connection with this Agreement.
(e) The Company acknowledges that breach of this clause may cause the Hotel to suffer loss not compensable by damages. The parties agree that the Hotel may seek an injunction or other equitable relief to prohibit or restrain any breach of this clause.
( f) For the purposes of this clause, confidential information means any information which is disclosed in any form, before or after the date of signing of the Agreement, by the Hotel or its representatives.
6.1 The Hotel may terminate this Agreement in whole or in part immediately by written notice to the Company where the Company:
(a) has not paid any money due for payment to the Hotel by the due date;
(b) causes and/or contributes to any damage or loss at the Hotel; or
(c) is otherwise in breach of this Agreement.
6.2 The Hotel may terminate this Agreement in whole or in part by 30 days written notice to the Company at any time throughout the term.
The Company indemnifies the Hotel against any loss arising out of or in connection with
(a) the neglect or default of the Company or its employee, agents or contractors to perform any of the terms and conditions of this Agreement when the Hotel has given notice of the breach which remains unremedied;
(b) the negligent use or misuse by the Company or its employee, agents or contractor of the Corporate Rate Bookings, any service of the Hotel or amenity of the Hotel;
(c) the wrongful or negligent use of the Hotel by the Company or its employee, agents or contractor;
(d) any injury or death caused or contributed to by the wrongful act, wrongful omission, negligence or default of the Company or its employee, agents or contractor; or
(e) loss, damage or injury to property other than the Company’ property, to persons in or near the Hotel caused or contributed to by the wrongful act, wrongful omission, negligence or default of the Company or its employee, agents or contractor.
(a) This Agreement represents the entire agreement between the parties with regard to the subject matter hereof.
(b) Any amendment to this Agreement must be in writing.
(c) This Agreement is subject to the laws of the country where the Hotel is located. All disputes, conflicts and claims arising from or in connection with this Agreement shall be settled amicably by the Parties. Should the Parties fail to reach an amicable settlement, the matter shall be submitted to the competent court at the Hotel’s domicile.