Terms and Conditions
Last updated: February 2026
Overview
Hellfire Coast Pty Ltd (ACN 675 059 177), trading as Bathers Paradise (Bathers Paradise, we, us, our), owns and operates the website accessible at bathersparadise.com.au (Platform). Through the Platform, Bathers Paradise provides an online booking service for accommodation sites (Sites) at Bathers Paradise Caravan Park, situated at 45 Westmacott Street, Castletown, Western Australia 6450 (Park). The Platform, together with any ancillary booking services provided by telephone or in person, constitutes the services for the purposes of these Terms (Services).
These Terms and Conditions (Terms) govern your access to and use of the Platform, all bookings made through the Platform or otherwise, and the entirety of your stay at the Park. These Terms are to be read in conjunction with any booking confirmation issued by Bathers Paradise.
If you do not accept these Terms, you must not access or use the Platform, the Sites, the Park or the Services, nor make any booking with Bathers Paradise
Bathers Paradise reserves the right to alter, update, or withdraw features of the Platform at any time without prior notice. No warranty is given that the Platform will be continuously available or free from technical error.
Acceptance of These Terms
By accessing and/or using the Platform you agree to these Terms and and our Privacy Policy (available on the Platform).
Bathers Paradise reserve the right to amend these Terms from time to time at its discretion (Amendments). Amendments will be effective immediately. Where practicable we will endeavour to notify you of the Amendments to the Terms. Your continued use of the Platform following any such Amendment will represent an agreement by you to be bound by the Amendments to these Terms. We suggest you check these Terms regularly to ensure you are aware of the most up to date terms.
Bookings will be governed by these Terms as they stood at the time of booking confirmation.
License to Use the Platform
We grant you a non‑exclusive, revocable, non-perpetual, worldwide, and non‑transferable license to access and use the Platform for your personal or commercial use and only in accordance with these Terms. All other use is prohibited without our prior written consent.
Access
Access to the Platform is permitted on a temporary and limited basis for the purpose of browsing the Platform and interacting with us. We reserve the right to withdraw or amend the Platform and any good or services listed on the Platform without notice. We will not be liable if for any reason the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all the Platform.
Bathers Paradise makes no representation or warranty that the Platform will operate without interruption, that access will be timely or secure, that the Platform will be free from error, or that any identified errors will be remedied within any timeframe.
We may suspend or terminate your access to the Platform at any time without notice if we reasonably believe you have breached these Terms or for operational reasons. On termination, any rights and licences granted to you end immediately.
Use of the Platform
To utilise the Platform, you may be required to furnish the following information (User Data):
(a) your full legal name;
(b) your email address;
(c) your contact telephone number;
(d) your postal or residential address;
(e) payment particulars (handled exclusively through Bathers Paradise’s third-party payment processor); and
(f) such further information as may reasonably be required to give effect to your booking
You bear sole responsibility for ensuring that all User Data supplied is accurate and current. Where incorrect User Data is provided, Bathers Paradise may be unable to process or administer your booking.
User Data is collected for the purpose of delivering the Services, administering bookings, and for other related purposes. Bathers Paradise may disclose User Data to third-party service providers, such as booking and payment processors, and to contractors engaged to facilitate the Services. Disclosure may also occur where required by law.
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
To create an account, you must be:
(a) at least 18 years of age;
(b) possess the legal right and ability to enter into a legally binding agreement with us; and
(c) agree and warrant to use the Platform in accordance with these Terms.
Hyperlinks to the Platform must not be established without Bathers Paradise’s prior written consent.
Any permitted link must be accurate and must not suggest any endorsement or affiliation with Bathers Paradise.
Acceptable Use
You must not (and must not enable or permit anyone else to):
(a) use the Platform for unlawful, infringing, misleading or harmful purposes, or to harass, threaten, defame or offend any person;
(b) copy, reproduce, adapt, publish, communicate, frame or mirror any part of the Platform except as expressly permitted by these Terms or required by law;
(c) interfere with or disrupt the Platform or the servers or networks that host it, including by introducing malware or harmful code or transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(d) access or use the Platform by automated means (including robots, spiders, crawlers, scrapers, data‑mining, harvesting or similar tools) or attempt to affect the performance or functionality of any computer facilities of or accessed through the Platform;
(e) bypass, disable or interfere with security‑related or access‑control features (including but not limited to rate limits), or attempt to probe, scan or test the vulnerability of any system or network, including but not limited to corrupt data or cause annoyance to other users;
(f) collect, harvest or scrape data from the Platform (including but not limited to email addresses or other personal information), or bulk download Platform content, including but not limited to create, improve or train artificial intelligence or machine learning models, without our prior written consent;
(g) maliciously interrupt the purchase of Services from the Platform;
(h) send any unsolicited advertising or promotional material (spam); or
(i) use the Platform or its content to create, operate or improve a product or service that competes with us, to perform competitive benchmarking, or to otherwise harm our business or reputation; or - remove, obscure, infringe or alter any copyright, trade mark or other proprietary rights notices on the Platform.
We may monitor your use of the Platform for compliance, and we reserve the right to delete your account immediately or suspend or block access (including by IP blocking or rate limiting) if we reasonably believe any of these Terms are breached or due to any behaviour, including but not limited to any dishonest, discourteous, or otherwise unprofessional behaviour by you in relation to us.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any third‑party sites.
Your Submissions (Enquiries and Feedback)
If you submit content to us via the Platform (for example, through enquiry forms or by email) (User Submissions), you:
(a) warrant you have the rights needed to provide the User Submissions and that they are accurate, lawful and not confidential;
(b) grant us a worldwide, royalty‑free, perpetual, non‑exclusive, transferable, sub‑licensable licence to use, store, reproduce and otherwise deal with the User Submissions for the purpose of operating our Platform and business (including responding to your enquiry and keeping appropriate records); and
(c) acknowledge we may remove or decline to respond to any User Submission at any time in our discretion.
You are solely responsible for your User Submissions.
Third‑Party Sites and Third-Party Trade Marks, Images of Personalities and Copyright
The Platform may contain links to third‑party websites or content. We do not control, endorse or approve, and are not responsible for, any third‑party sites or content or any loss or damage that may arise from your use of any third‑party sites. Your use of them is at your own risk and may be subject to the third-party’s terms and privacy policy.
Except where expressly stated to the contrary, all persons (including their names and images), third-party trade marks and content, services and/or locations featured on the Platform are in no way associated, linked or affiliated with us, and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the Platform are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and services, and is in no way an assertion that such products or services are endorsed by or connected to us.
Privacy Policy
Our Privacy Policy explains how we collect, use and disclose personal information can be found at www.bathersparadise.com.au/privacy-policy. By using the Platform, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.
Accommodation Booking
To the fullest extent permitted by applicable law, you agree that:
A. Pricing
Nightly prices are determined by dynamic pricing and may vary according to seasonality and demand. Prices are subject to change at any time based on supply and demand conditions.
All fees are stated in Australian dollars and, unless otherwise specified at the time of booking, are inclusive of GST.
B. Payment Terms
Accommodation at Bathers Paradise may be reserved online via the Platform, by telephone, or in person at the Park’s reception office.
Bookings may only be made by persons aged 18 years or over. Where a person under that age wishes to stay at the Park, a parent or legal guardian must make the booking and accept these Terms on that person’s behalf.
All bookings are subject to availability. A booking will not be treated as confirmed until payment has been received in full or in part, as applicable.
You agree that making payment of a booking, whether in whole or in part, constitutes your acceptance of these Terms.
Upon receipt and processing of your payment (Booking Fee), Bathers Paradise will provide written confirmation of your booking. That written confirmation, together with these Terms, constitutes a binding agreement between you and Bathers Paradise in relation to your accommodation (Agreement).
All payments must be made in Australian dollars.
C. Third-party Payment Service
Bathers Paradise engages a third-party payment processor to handle all transactions made through the Platform. Such transactions are subject to that processor’s own terms and conditions, which you should review prior to payment.
Where payment is made by American Express, MasterCard, or Visa, a payment surcharge may be applied. The amount of any such surcharge will be disclosed at the point of payment prior to finalising the transaction and will not exceed Bathers Paradise’s reasonable cost of accepting that payment method.
Bathers Paradise accepts no liability for fees or charges levied by your financial institution in connection with any transaction.
D. Booking Deposits
Off-Peak Periods: 30 April to 14 December
1. Bookings made for off-peak periods require a deposit no less than the equivalent of the first night’s fee at the time of booking.
Peak Periods: 15 December to 1 May
2. For bookings encompassing peak periods, payment of the full booking amount is required at the time of booking.
E. Minimum Stay
Certain periods, including peak seasons, public holidays, and designated special events, may require a minimum length of stay. Where applicable, the relevant minimum stay period will be communicated at the time of booking.
Where a minimum stay applies, you are liable for the Booking Fee referable to the entirety of that minimum period, irrespective of the actual duration of your stay.
F. Early Departure
Should you vacate your Site prior to the confirmed departure date (Early Departure), no refund will be payable in respect of unused nights. You remain liable for the total Booking Fee for the confirmed period of stay, save to the extent that such liability is excluded or modified by the Australian Consumer Law (ACL) or other applicable legislation.
G. Changing Booking
Any request to vary an existing booking must be submitted to Bathers Paradise in writing prior to the scheduled arrival date and is subject to Bathers Paradise’s written consent.
Whilst Bathers Paradise will make reasonable endeavors to accommodate variation requests, we do not guarantee that alterations can be accommodated, having regard to availability constraints and prevailing pricing.
Where Bathers Paradise is unable to accommodate a requested variation, the original booking will continue and the provisions governing Cancellations and No Shows may apply accordingly.
Where a variation is approved, you are liable to pay the difference between the original Booking Fee and the rate applicable to the amended dates, together with any reasonable administration fee notified to you at the time the variation is agreed.
If a requested variation leads to an Early Departure or Cancellation, the applicable provisions of these Terms will apply.
H. Transfers
Bathers Paradise maintains records of all persons occupying the Park at any given time for the purposes of safety and security.
A booking is personal to the named guest or guests and must not be transferred, assigned, resold, or altered so as to substitute another person in the named guest’s place.
I. Cancellations
In the event that you elect to cancel your booking (Cancellation), the following schedule of fees applies depending on the season in which your booking falls. The fees specified below represent genuine pre-estimates of Bathers Paradise’s losses and overheads occasioned by cancellation, including the reduced prospect of rebooking the Site at short notice.
Off-Peak Periods: 30 April to 14 December
Cancellations received prior to the scheduled arrival date will attract a refund of all fees paid, less a cancellation fee equal to the fee for one night’s accommodation, which Bathers Paradise will retain.
Cancellations received on the scheduled arrival date will not be refunded, and the total Booking Fee will be retained by Bathers Paradise.
Any reduction in the length of stay on the day of arrival will similarly not be refunded, and the total Booking Fee will be retained by Bathers Paradise.
Peak Periods: 15 December to 1 May
Cancellations received more than 14 days prior to the scheduled arrival date will attract a refund of all fees paid, less a cancellation fee equal to the fee for one night’s accommodation, which Bathers Paradise will retain.
Cancellations received within 14 days of the scheduled arrival date will not be refunded, and the total Booking Fee will be retained by Bathers Paradise, save where Bathers Paradise in its discretion agrees to issue a credit in accordance with the Credits provision below.
Alterations to a booking made within 14 days of the scheduled arrival date will not be refunded, and the total Booking Fee will be retained by Bathers Paradise.
Guests who are unable to utilise their booking may request to transfer their reservation to alternative future dates, subject to availability and management approval.
a. A transfer fee equal to one (1) night’s accommodation will be charged for all approved transfers.
Cancellations received on the scheduled arrival date will not be refunded, no credit entitlement will arise and the total Booking Fee will be retained by Bathers Paradise.
The foregoing cancellation provisions are subject to any rights granted to you under the ACL.
All bookings include a cooling-off period of twenty-four (24) hours from the time the booking confirmation is issued. During this period, the customer may request cancellation of the booking where the booking was made in error.
Cancellations made within the 24-hour cooling-off period may incur reasonable processing and administration fee applicable to the specific booking. This fee is intended to recover costs reasonably incurred by the business in processing and administering the booking and cancellation, including but not limited to staff administration time, third-party booking platform charges, merchant fees, payment gateway charges, and other transaction processing costs.
J. Credits
Guests may submit a written request for a credit at the time of cancellation by completing a credit application and providing the reason for the request together with any relevant supporting documentation.
Credits are not automatically granted and are provided strictly at the sole discretion of Bathers Paradise Caravan Park.
Where a credit application is approved, a cancellation fee equal to the value of one (1) night’s accommodation will be retained and deducted from the booking amount prior to the issue of any credit. Any remaining balance may be issued as a credit to the guest account.
Where credit is granted by Bathers Paradise Caravan Park, the credit will be valid for a period of six (6) months from the date the credit is issued.
Any booking made using the credit must be both scheduled and fully completed within six (6) months of the credit issue date.
Credits cannot be used to secure bookings occurring after the six (6) month validity period.
Any credit not used within the six (6) month period will automatically expire and will not be extended, refunded, or reissued unless otherwise required by law.
Any credit issued by Bathers Paradise is personal to the recipient, not being transferable to any third-party.
K. No Shows
Where you fail to present at the Park on your scheduled arrival date and have not provided written notice to Bathers Paradise by 10:00 am (AWST) on the day before your scheduled arrival (No Show), the following applies:
(a) your booking will be cancelled;
(b) no refund will be payable;
(c) any outstanding balance for the confirmed period of stay will remain due and owing to Bathers Paradise; and
(d) Bathers Paradise may re-allocate the Site without further notice to you.
Where written notice is provided by 10:00 am (AWST) on the day preceding your scheduled arrival, the matter will be treated as a Cancellation and the applicable Cancellation provisions will govern.
L. Refunds
Any claim for a refund must be submitted to Bathers Paradise in writing, addressed to the contact details set out below, and must include:
(a) full particulars of the booking or service to which the refund claim relates; and
(b) the basis on which the refund is said to be owing.
Bathers Paradise will assess each refund claim on its merits and may, in its discretion, offer a replacement, credit, partial refund, or full refund, having regard to the circumstances and any applicable rights under the ACL.
Refunds are not available on grounds of change of mind, except where Bathers Paradise expressly agrees otherwise in writing:=
a) In this clause, Change of Mind means any circumstance where you cancel, fail to attend, or otherwise do not use the Services for reasons not caused by Bathers Paradise’s failure to provide the Services in accordance with these Terms or the ACL:
(b) Without limitation, Change of Mind includes circumstances where you are unable or unwilling to participate in the Services due to personal reasons or events outside Bathers Paradise’s control, including but not limited to:
i. illness, injury or medical conditions affecting you
ii. vehicle breakdowns, transport delays or disruptions, or inability to travel to the departure location;
iii. family matters, personal commitments, or changes in personal circumstances;
iv. changes to work schedules, travel plans, or availability; or
v. any other similar circumstance affecting you.
(c) For the avoidance of doubt, circumstances falling within the definition of Change of Mind do not entitle you to a refund, credit, transfer or rescheduling, except where expressly stated in these Terms or where required by the ACL.
Any refund approved by Bathers Paradise Caravan Park will be processed at the end of the calendar month in which the refund approval occurs.
Refunds for bookings made through ancillary or third-party services will be issued by electronic funds transfer (EFT) to the account nominated by the guest.
Refunds for bookings made through the online booking platform will be processed, where possible, as a reversal to the original payment method used at the time of booking. Processing times may vary depending on the financial institution or payment provider.
M. Park Rules and Conduct
All guests are required to comply with the reasonable directions of Park staff and with all Park rules, whether displayed on-site or otherwise communicated, including those pertaining to safety, noise levels, fire management, and use of shared facilities.
Bathers Paradise reserves the right to refuse entry to, or to direct the departure of, any guest, together with that guest’s visitors, who is in breach of these Terms, who contravenes Park rules, or whose conduct is unsafe, unlawful, or materially disruptive to the enjoyment of other guests. In such circumstances, no refund will be payable except as required by the ACL.
N. Vehicles
One vehicle per Site is permitted.
Where you requires access for a second vehicle, a second Site must be reserved for that purpose; otherwise, entry of that vehicle to the Park grounds may be refused.
Bathers Paradise does not accept responsibility for any vehicle or its contents whilst parked within or outside of the Park grounds.
O. Guest Visitors
Guests intending to have visitors during their stay at Bathers Paradise Caravan Park must ensure that all visitors and visitor vehicles are registered at reception prior to entering the park.
Visitor vehicles must only be parked in the designated visitor parking areas and are limited to a maximum stay of two (2) hours at any one time.
Overnight parking of visitor vehicles is strictly prohibited. All visitors must vacate the park by 10:00 PM.
Any unregistered vehicles or vehicles parked in visitor areas without prior notification to the park may be reported to the relevant authorities. Such vehicles may be fined, towed, or otherwise removed at the vehicle owner’s expense.
Guests are responsible for ensuring that their visitors comply with all park rules. Failure to do so may result in penalties or cancellation of the guest’s booking at the discretion of Bathers Paradise Caravan Park.
P. Number of Guests
Each Site accommodates a maximum of six people, unless Bathers Paradise has otherwise agreed in writing prior to arrival.
Bookings requiring occupation by more than six people per Site are subject to the prior written approval of Bathers Paradise and may not proceed without such approval.
Q. Special Offers and Deals
Promotional offers and discounted rates are subject to variation or withdrawal at any time. A single voucher or promotional code applies per Site per booking, unless Bathers Paradise has otherwise agreed in writing.
R. Pets
Pets are permitted at Bathers Paradise solely with Bathers Paradise’s prior approval, which must be requested and obtained at the time of booking. You are required to disclose the breed and number of any animals they intend to bring.
If you arrive accompanied by an animal not disclosed and approved at the time of booking, you may have your booking cancelled, with no entitlement to a refund, subject to the ACL.
Pets are not permitted within amenities blocks, playgrounds, camp kitchens, barbecue areas, or the reception and front office, save for properly registered assistance animals.
Pets must at all times be secured on a lead and confined to the your allocated Site. Exercise of pets within the Park grounds is not permitted.
Pets must not be left unattended, whether in caravans, tents, trailers, or any other structure or vehicle.
You are solely responsible for the prompt removal and appropriate disposal of all waste produced by your pets.
All pets must be currently registered, vaccinated in accordance with veterinary requirements, and free of external and internal parasites.
Pets displaying or known to exhibit aggressive behaviour are not permitted on the premises.
Where a pet causes a disturbance or gives rise to a safety concern, Bathers Paradise may require the pet to be removed from the Park or, if necessary, direct the guest to vacate. No refund will be payable in such circumstances, subject to the ACL.
Warranties and Disclaimers
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the ACL, we make no representations, guarantees or warranties about the Platform or its information and content, including that it will be accurate, complete, reliable, up‑to‑date, available, uninterrupted, secure or free from errors or harmful code. You use the Platform at your own risk.
To the fullest extent permitted by law, we hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and Services, arising out of or related to the use, inability to use, performance or failures of the Platform or the third-party sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
This disclaimer does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.
Nothing in these Terms limits any rights or remedies you may have under the ACL. If the ACL applies and our supply of goods or services under these Terms is not of acceptable quality or otherwise fails to comply with the ACL, you may have rights to a repair, replacement, re‑supply or refund.
If any liability cannot lawfully be excluded, then (to the extent permitted by law) our liability is limited to supplying the relevant goods or Services again or paying the cost of having them supplied again.
To the fullest extent permitted by applicable law, Bathers Paradise’s total liability to you in relation to any booking is limited to the Booking Fee paid by you for that booking.
You are responsible for any loss or damage to Park property, fixtures, or fittings, as well as any loss or damage suffered by other guests, caused by you, your visitors, or your pets. You agree that Bathers Paradise is entitled to recover from you the reasonable costs of repair, replacement, cleaning, or other necessary remediation arising from such loss or damage.
You agree that you authorise Bathers Paradise to debit the payment method associated with your booking for any reasonable amounts incurred as a result of loss or damage attributable to you. Bathers Paradise will provide you with prior written notice and reasonable supporting documentation, such as photographs or invoices where available.
Indemnity
You agree to indemnify, defend and hold harmless us, our directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of the Platform or your breach of these Terms.
We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you will cooperate with our defence of these claims. You will not settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Intellectual Property
Unless otherwise indicated, we own or licence all intellectual property (including but not limited to all software, user interface, algorithms, test and test results, reports, the data derived from use of the Platform, and any other documentation, information or materials made available to you on or through the Platform remain the exclusive property of us or our licensors) in the Platform and the content on it (including but not limited to text, graphics, logos, audio and video). We and our licensor (where appropriate) reserve all such rights. For the avoidance of doubt, nothing in these Terms or otherwise creates the right for you to sublicense any information or content on the Platform, or your account of the Platform or assigns any ownership rights to you.
By accepting these Terms you undertake not to copy, adapt, reverse engineer, publish, communicate, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the information and content supplied to you or which appears on the Platform, nor may you use any such information and content in connection with any business or commercial enterprise except as permitted by law or with our prior written consent.
We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you or any of your affiliates.
Transfer of Rights and Obligations
These Terms are binding on you, on Bathers Paradise, and on each party’s respective successors and permitted assigns.
You may not assign or otherwise transfer any of your rights or obligations under these Terms without the prior written consent of Bathers Paradise.
Bathers Paradise may assign or novate its rights and obligations under these Terms on notice to you, including by publication of notice on the Platform, provided that any such dealing does not materially diminish your rights in respect of existing confirmed bookings.
Force Majeure Events
We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms that is caused by events outside our control (Force Majeure Event).
A Force Majeure Event includes any act, event, non- happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks;
(f) Epidemic, pandemic or other health emergency (whether declared or not), including without limitation lockdowns or any other restrictions imposed as a result of the COVID-19 pandemic or any other pandemic or epidemic at any time; and
(g) The acts, decrees, legislation, regulations or restrictions of any government.
General
Bathers Paradise may engage third-party service providers, including hosting, booking, and payment processing providers, in connection with the operation of the Platform and the delivery of the Services.
Where you book the Services via a third-party website, platform or agent (Third-Party Provider), the booking may be subject to the terms of that Third-Party Provider. By booking through a Third-Party Provider, you agree that both these Terms and the terms of the Third-Party Provider apply to the booking. You agree that if there is any inconsistency between these Terms and the terms of the Third-Party Provider, these Terms must prevail in relation to the provision of the Services, except where applicable law or the Third-Party Provider’s terms validly govern the booking process, payment processing or platform use.
Should any provision of these Terms be found invalid or unenforceable by a court of competent jurisdiction, that provision will be severed to the extent necessary to achieve validity, and the remaining provisions will continue in full force and effect.
No failure or delay by Bathers Paradise in exercising any right under these Terms will operate as a waiver of that right, nor will any single or partial exercise of a right preclude any further exercise of the right.
These Terms, read together with the booking confirmation and any written variations agreed between the parties, constitute the entire agreement between you and Bathers Paradise in relation to your booking and your use of the Platform, and supersede all prior representations, negotiations, and understandings.
Enquiries regarding these Terms should be directed to Bathers Paradise at admin@bathersparadise.com.au.
These Terms are governed by the law of Western Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia in respect of any dispute arising under or in connection with these Terms, any booking, or the use of the Platform.
Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.
If a dispute arises in connection with these Terms, the parties will first attempt to resolve it in good faith through discussions between senior representatives. If not resolved within 14 days, the parties must attempt to resolve the dispute via mediation. If the dispute is not resolved within 28 days after the parties started mediation, either party may commence court proceedings.
