Terms & Conditions
Agreement between Customer and Overwater Bungalows
Welcome to the overwaterbungalows.com.au website (the “Website”). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate bookings or otherwise transacting business with travel suppliers, and for no other purpose. The terms “we”, “us”, “our” and ” Overwater Bungalows” refer to Overwater Bungalows and/or our subsidiaries. The term “you” refers to any person visiting the Website and/or making a booking through this Website or through our call centre representatives.
Use of Website
As a condition of your use of this Website, you warrant that: (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website only in accordance with this Agreement; (iv) you will not use this Website for any purpose that is unlawful or prohibited by this Agreement; (v) you will only use the Website to make legitimate bookings for you or for another person for whom you are legally authorized to act; (vi) you will inform such other persons about the terms and conditions that apply to the bookings you make on their behalf, including all rules and restrictions applicable thereto; (vii) all information supplied by you on this Website or to a call centre representative is true, accurate, current and complete, and, in the case of information you provide about other individuals, you are authorized to provide such information; (vii) if you have a Website account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right, at our sole discretion, to deny anyone access this Website and/or the services we offer, at any time and for any reason including, but not limited to, for violation of this Agreement.
Agency
We act as an agent for, and sell travel related products and services as agent on behalf of, various travel service providers. The services we provide to you pertain to that agency relationship.
We may receive financial and non-financial benefits from travel service providers when we sell their products and services to you.
Our obligation to you is to (and you authorize us to) facilitate travel bookings on your behalf, arrange relevant contracts between you and travel service providers, arrange travel documentation for the relevant travel bookings, and procuring refunds, travel credits or other forms of compensation where available.
We exercise care in the selection of reputable travel service providers, but we have no control over, or liability for, the products and services provided by third parties and we cannot guarantee the performance of any travel service provider. Overwater Bungalows does not warrant the accuracy, completeness, or fitness for a particular purpose of any products or services provided by any travel service provider and to the maximum extent permitted by law disclaims all implied warranties in connection with same. Overwater Bungalows accepts no responsibility or liability for any failure or delay on the part of any third party in providing travel products or services to you where your booking has been properly processed by Overwater Bungalows. Overwater Bungalows is not responsible or liable for any acts or omissions of third parties in relation to any travel products or services booked on your behalf.
Bookings made on your behalf are subject to the relevant travel service provider’s terms and conditions, including conditions of carriage and limitations on liability. You must read these prior to finalizing your booking. We can provide you with copies of the relevant terms and conditions on request. Once the bookings have been made, you will have a contract with the relevant travel service provider, and your legal rights in connection with the provision of the relevant travel product or service are against the relevant travel service provider and, except to the extent we are at fault, are not against us.
Prohibited Activities
The content and information on this Website (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. Accordingly, as a condition of using this Website, you agree not to use this Website, its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Website. In addition, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) use another person’s name, ID or password without permission or use this Website while impersonating another person;
(iii) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website;
(iv) make any speculative, false, or fraudulent booking or any booking in anticipation of demand;
(v) copy, reproduce, republish, transmit or otherwise communicate to the public any content provided in this Website including, without limitation, text, graphics, button, downloads and software without the express written permission of Overwater Bungalows, except where permitted by law;
(vi) post or transmit any unlawful, threatening, defamatory, obscene or indecent material or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply in New South Wales from time to time;
Supplier Rules and Restrictions
Additional terms and conditions will apply to your booking and purchase of travel-related goods and services. Please read such additional terms and conditions carefully. You agree to abide by the terms and conditions imposed by any supplier with whom you elect to deal including, but not limited to, terms and conditions relating to the payment of all amounts when due, and compliance with the relevant supplier’s rules and restrictions regarding availability and use of goods or services.
Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover any additional expenses that may be incurred during your stay. You are responsible for the payment of any additional expenses and any deposit taken or amounts charged to your credit card by the relevant hotel are unrelated to any payment made through the Website for your hotel booking. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your booking(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such booking(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Changes in Price and Itineraries
Prices are based on costs, charges, tariffs, rates, prices, taxes & levies, exchange rates, airport charges, hotel rates and other service provider’s tariffs. In the event that such fluctuations affects the prices, which we pay for such services, we reserve the right to adjust our prices as necessary at any time. Invoiced prices will be held for 3 days only.
The above will not apply if a booking has been paid in full.
Overwater Bungalows computer based process will be quoted as the current price. Any verbal quote given is an estimate only of the price. We will only honor quotes that have been received in writing.
Frequent Flyers / Traveler Program
If you are a member of an airline’s or hotel’s frequent travel or other reward or benefit scheme, please ensure that you have contact our call centre representatives who will assist with your booking. Please insure that this is done at the time of your booking. Neither World Travel Group nor any of the other Overwater Bungalow Companies accept any responsibility if the relevant airline/hotel does not accept or does not register your booking for their program and you cannot earn points/miles. You are advised to retain copies of your boarding pass and any other proof of travel/purchase.
Fares & Prices
You acknowledge and agree that your credit card will be charged by Overwater Bungalows for the total booking price of the travel services in full at the time of the booking, which includes the price displayed on the Website, plus tax and service fees.
Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice.
Booking, Cancellation and Amendment Charges
If you want to change any details of your itinerary (such as changing to a different hotel or changing your departure date or airport), we will do our best to help but cannot guarantee that changes can be made. You should email our Service Centre on reservations@overwaterbungalows.com.au.
Fees will be charged if you cancel or terminate your booking. The standard Overwater Bungalows schedule of cancellation fees are as follows:
- 45 Days + prior to departure forfeit of USD$200 per person deposit
- 44 to 31 Days prior to departure: 50% of total cost or deposit, whichever is greater
- 30 Days or less prior to departure: 100% of total cost.
The above cancellation fees do not include fees levied by suppliers such as hotels, airlines, ground or cruise companies, which could be up to 100% of the holiday price. The non-refundable deposit cannot be transferred to another booking. The non-issuance of an invoice or the non-payment of a deposit, will not exempt passengers from these cancellation and administration penalties. There will be no refund after travel has commenced or for any unused inclusions such as accommodation, transfers, meals and tours. Please note that employees of any supplier are not authorised by the company to make any undertakings in respect of refunds or other matters. Should you or any member of your party be forced to cancel, you must advise your us in writing. The person who made the original booking should sign this letter. The cancellation is not effective until we receive the letter.
Amendments
An amendment of your travel will incur amendment fees. If after confirmation of your booking, you wish to change your itinerary or departure date, a fee of USD$20 per file including GST will be charged by the Company. Such fees will be in addition to any fees levied by hotels, ground operators and/or airlines.
Service Charges or late booking fee.
A late booking fee of USD$20 per booking will be charged for booking requests auctioned inside 14 days of departure. Additional courier services may be needed to process late bookings.
These courier deliveries will be charged at $15 per usage and will be added to the package price.
Special/Hot Deals
From time to time, special deals or vouchers may be displayed on this Website. Such special deals and vouchers are available for a limited time only. You must check with us as to whether a special displayed on this Website is still available.
Additional terms and conditions may apply to special deals or the use of vouchers. You must check this Website to determine whether any particular terms and conditions apply.
Insurance
You are strongly advised to take out adequate travel insurance prior to arriving in your destination. It is your responsibility to check you have adequate insurance cover. The insurance should cover, amongst other things, the cost of cancellation by you, personal losses, all medical costs and the costs of assistance including return to your country of residence in the event of an accident or illness.
Passports, Visas and Travel Documentation
It is the responsibility of the traveler to ensure that he or she:
(a) complies with all applicable government travel requirements including, without limitation, obtaining a passport and visas to enter the destinations to which you are travelling; and
(b) checks in by the required check-in time.
As there may be delays at the airport, you are advised to arrive at the airport within a reasonable period of time before your flight. We are not responsible for any delays you may experience.
Passports are required for all travelers departing Australia, and for international travel generally. Many countries require that foreign nationals entering hold a passport that is valid for a minimum period after you enter that country, typically 6 months.
When purchasing air travel, the name on the passport must match the name on the ticket otherwise you may not be able to travel and insurance may be invalid. If, after purchasing products or services but before travelling, any member of your party changes their name you must notify the relevant carrier or us immediately so that the necessary changes can be made to your documentation.
It is the responsibility of the traveler to obtain information and advice on the visa requirements of the destinations you propose to visit. Australian citizens should contact the nearest embassy, high commission or consulate of the country you intend to visit well in advance of travel.
The above information and any links are provided in good faith but should be treated as a guide only. Passport and visa regulations can change and it is your responsibility to ensure that you possess the relevant travel documents before you travel. It can often take some time to obtain a passport and/or visa, so you are advised to apply in plenty of time. We accept no responsibility in any regard in relation thereto including, without limitation, for customers who do not possess the correct travel documents.
The Australian Government Department of Foreign Affairs and Trade or any of its successors may be able to provide some assistance in relation to the passport and visa requirements for your destination.
Passports, Visas and Travel Documentation
It is the responsibility of the traveler to ensure that he or she:
(a) complies with all applicable government travel requirements including, without limitation, obtaining a passport and visas to enter the destinations to which you are travelling; and
(b) checks in by the required check-in time.
As there may be delays at the airport, you are advised to arrive at the airport within a reasonable period of time before your flight. We are not responsible for any delays you may experience.
Passports are required for all travelers departing Australia, and for international travel generally. Many countries require that foreign nationals entering hold a passport that is valid for a minimum period after you enter that country, typically 6 months.
When purchasing air travel, the name on the passport must match the name on the ticket otherwise you may not be able to travel and insurance may be invalid. If, after purchasing products or services but before travelling, any member of your party changes their name you must notify the relevant carrier or us immediately so that the necessary changes can be made to your documentation.
It is the responsibility of the traveler to obtain information and advice on the visa requirements of the destinations you propose to visit. Australian citizens should contact the nearest embassy, high commission or consulate of the country you intend to visit well in advance of travel.
The above information and any links are provided in good faith but should be treated as a guide only. Passport and visa regulations can change and it is your responsibility to ensure that you possess the relevant travel documents before you travel. It can often take some time to obtain a passport and/or visa, so you are advised to apply in plenty of time. We accept no responsibility in any regard in relation thereto including, without limitation, for customers who do not possess the correct travel documents.
The Australian Government Department of Foreign Affairs and Trade or any of its successors may be able to provide some assistance in relation to the passport and visa requirements for your destination.
Travel Advice and Warnings
We recommend that all travelers on the relevant booking contact DFAT or visit the Smartraveller website (www.smartraveller.gov.au) for general travel advice on the countries to which they are travelling.
The Australian Government in conjunction with various other worldwide bodies may decide to issue a Government Advisory warning to Australian passport holders not to travel to countries in certain circumstances. In these instances whilst travel to some countries is not advisable and some clauses of the travel insurance coverage may not be effective, we appreciate that some clients may still need to travel to those areas. Whilst we are prepared to make these bookings on our client’s behalf we do so without responsibility or liability. Up to date information is available on the Department of Foreign Affairs’ Smartraveller website at www.smartraveller.gov.au.
It is recommended that all Australian travelers register their personal details (i.e. passport numbers, contact details) in Australia and the countries you will be visiting. Simply register via the Smartraveller website to utilize this service.
Travel Destinations
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Travelers should review any travel prohibitions, warnings, announcements and advisories issued by the Commonwealth Department of Foreign Affairs and Trade prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found on the Australian Government’s travel advisory and consular assistance service website currently located at http://www.smarttraveller.gov.au.
By facilitating the sale of travel to particular international destinations, neither Overwater Bungalows nor Companies that represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
Complaints
Any claims need to be lodged in writing to reservations@overwaterbungalows.com.au with supporting documentation within 14 days of return to Australia.
Disclaimer
To the maximum extent permitted by law, Overwater Bungalows, the Affiliates, and their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by Overwater Bungalows or the Affiliates. All such information, software, products, and services are provided “as is” without warranty of any kind.
Any hotel ratings displayed on this Website are intended only as general guidelines, and Overwater Bungalows and the Affiliates do not guarantee the accuracy of the ratings. Changes are periodically added to the information herein. To the maximum extent permitted by law, Overwater Bungalows, the Affiliates, and their respective suppliers make no guarantees about the availability of specific products and services. Overwater Bungalows, the Affiliates and/or their respective suppliers may make improvements and/or changes in this Website at any time.
The carriers, hotels and other suppliers providing travel or other services through this Website are independent parties and not agents or employees of Overwater Bungalows or the Affiliates Overwater Bungalows and the Affiliates, to the extent permitted by law, are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Overwater Bungalows and the Affiliates, to the extent permitted by law, have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
Indemnification
You agree to defend and indemnify Overwater Bungalows, the Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
Links to Third-Party Sites
This Website may contain hyper links to websites operated by parties other than Overwater Bungalows. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Currency Converter
If a currency converter is available on the Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Overwater Bungalows and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
Bank and Credit Card Fees
Many card companies charge their account holders a transaction fee when the card issuer and the “merchant location” (as defined by the card brand (e.g. Visa, MasterCard, American Express)) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a booking made on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank
At Overwaterbungalows.com.au we have long recognized the desire for many of our international travelers to stay in an Overwater Bungalow. When it comes to a dream tropical getaway it doesn’t get any better than dangling your toes into dazzling blue water from the deck of your very own Overwater Bungalow or maybe having a personal outdoor pool overlooking the crystal clear waters of these magnificent lagoons. We have enchanted many of our clients as they experience the magic & luxury of our over water destinations. Our expertise is offering you the best of Maldives resorts, Tahiti resorts, Fiji resorts, Malaysia resorts, Philippines resorts, Vanuatu resorts , Samoa resorts and many other resorts that offer Overwater Bungalows from around the world.
Jurisdiction and Law
Use of this Website, all matters arising out of or in connection with it and all terms are governed by the laws applicable in the State of New South Wales. By accessing this Website, you consent and submit to the exclusive jurisdiction of the Courts of New South Wales in all matters arising out of or in connection with your use of this Website and terms.
Your responsibilities
- You acknowledge that you are 18 years of age or older and have sufficient funds to pay for the travel products and services.
- You understand and agree with these Booking Terms and our Privacy Policy.
- If you are booking on behalf of others, you warrant that you have conveyed these terms and conditions to them.
- You warrant that you understand & agree with the above terms and conditions & our privacy policyand agree to be bound by those.
- You agree that you responsible for checking the accuracy of all travel documentation provided to you and contacting us within 48 hours if any of this information is not correct.
- You agree that you are responsible for contacting the Airline at least 72 hours prior to travel to confirm the details of your travel.
- You warrant and acknowledge that you have accessed the Smartraveller website (www.smartraveller.gov.au for any specific enquiries in relation to your intended destination.
- You agree that passport, visa, and other required identification documents are your responsibility.
These terms were last updated on 01 January, 2022 ABN: 67611671188