Terms & Conditions

BIG4 Twin Dolphins Holiday Park

Terms And Conditions

Introduction

1. These Booking Terms and Conditions (“Booking Terms”) govern the making of reservations, payment of deposits and tariffs, cancellations, amendments, refunds, and the general rights and obligations of Guests when booking accommodation and services provided by BIG4 Twin Dolphins Holiday Park (ABN 16 148 950 770) (“Twin Dolphins” “we”, “us”, “our”).
By confirming a reservation with BIG4 Twin Dolphins Holiday Park, each Guest (“Guest”, “you”, “your”) agrees to be bound by these Booking Terms. These Booking Terms form a binding contract between BIG4 Twin Dolphins Holiday Park and the Guest in respect of each booking.
These Booking Terms must be read together with:
1. the BIG4 Twin Dolphins Holiday Park Privacy Policy, which governs the collection, use and disclosure of personal information; and
2. any park-specific rules, policies or restrictions notified to Guests at the time of booking or prior to arrival.
3. If you do not agree with these Booking Terms, you should not proceed with a reservation.

4. Definitions and Interpretation

In this Agreement, unless the context otherwise requires, the following terms shall have the meanings assigned to them.

“Accommodation” means short-term tourist accommodation operated by BIG4 Twin Dolphins Holiday Park, including cabins, villas, powered or unpowered sites, and such other accommodation types as BIG4 Twin Dolphins Holiday Park may designate.
“Adult” means a person aged fourteen (14) years and over at the time of the booking.
“Child” means a person aged between three (3) and thirteen years (13) years inclusive.
“Infant” is defined as a person aged two (2) years and under.
“Advance Purchase” means a discounted rate applied to bookings that are made a minimum number of days prior to arrival, requiring full prepayment at the time of booking to qualify for the discount. These bookings are non-refundable and non-changeable
“Booking” means a reservation for Accommodation or related services made directly with BIG4 Twin Dolphins Holiday Park in accordance with these Booking Terms.
“Cancellation Period” means the period within which a Booking may be cancelled without incurring cancellation fees, as specified at the time of booking or in these Booking Terms.
“Calendar Year” means the period commencing on 1 January and ending on 31 December in each year.
“Force Majeure Event” means any act, circumstance or event beyond the reasonable control of BIG4 Twin Dolphins Holiday Park including, without limitation, acts of God, natural disasters, pandemics, epidemics, strikes, industrial disputes, labour shortages, fire, flood, storm, system outages, telecommunications or internet failures, cyber incidents or attacks, terrorism, war, civil unrest, embargoes, government restrictions or regulations, or any other similar cause beyond Twin Dolphins Holiday Park reasonable control.
“Guest” means any person, including Adults, Children and Infants, who is named on the booking or who otherwise occupies or uses a site, cabin, or other accommodation at a BIG4 Twin Dolphins Holiday Park, whether as the primary booking holder or as part of the booking party.
“Guest Account Credit” means any credit balance which may be applied to reduce the payable balance of a Booking in accordance with these Booking Terms.
“Peak Periods” means peak holiday periods, long weekends, school holidays, Easter, Christmas, New Year, and such other dates designated by BIG4 Twin Dolphins Holiday Park from time to time.
“No Show” means a Guest who fails to arrive for a confirmed Booking without prior written notice to Reflections.
“Park Rules” means the operational rules applicable to BIG4 Twin Dolphins Holiday Park, as notified to Guests on arrival or published on Twin Dolphins Holiday Park website.
“Privacy Policy” – the privacy policy published by BIG4 Twin Dolphins Holiday Park and updated from time to time.
“Serious Misconduct” means conduct by a Guest or Visitor that materially harms, or has the potential to materially harm, BIG4 Twin Dolphins Holiday Park, its staff, contractors, other Guests or Visitors, including but not limited to:
1. fraud, dishonesty, or misrepresentation in connection with a Booking or stay.
2. abusive, threatening, offensive, or disorderly conduct towards BIG4 Twin Dolphins Holiday Park staff, contractors, or other Guests or Visitors.
3. damage to property, facilities, or equipment, or wilful disregard of Park Rules or safety requirements.
4. Unauthorised, resale, transfer, or subletting of accommodation or sites; or
5. any other conduct which BIG4 Twin Dolphins Holiday Park reasonably determines to be unlawful, unsafe, or seriously detrimental to the safety, comfort, reputation, or operation of BIG4 Twin Dolphins Holiday Park.
“Standard Rate” means the published nightly tariff for the applicable accommodation or site, subject to seasonal and demand variations.
“Tariff” means the schedule of rates, fees, charges, and terms and conditions that apply to the provision of goods or services, as amended from time to time. This includes, but is not limited to, any published prices, surcharges, levies, duties, taxes, or additional costs that may be imposed by BIG4 Twin Dolphins Holiday Park.
“Visitor” means any person who is not a registered Guest on the booking, but who is invited onto the premises by a Guest. Visitors must comply with all park rules and directions from management and remain the responsibility of the inviting Guest at all times. Management reserves the right to refuse entry to, or remove, any Visitor at its discretion.
“Weekly Rate” means a discounted rate applied where a Guest books and pays for seven (7) consecutive nights in the same accommodation or site and receives a 10% reduction on the Standard Rate.
Unless otherwise specified, monetary amounts are expressed in Australian Dollars (AUD).

5. Scope of Terms

1. THESE Booking Terms apply to all Bookings made directly with BIG4 Twin Dolphins Holiday Park, including online through the BIG4 Twin Dolphins Holiday Park website, by telephone or in person at BIG4 Twin Dolphins Holiday Park Place.
2. Please note that if you book through a travel agent or third-party booking site, their specific terms and conditions regarding cancellations, deposits and refunds will apply, rather than our direct booking policies. We encourage Guests to book directly with BIG4 Twin Dolphins Holiday Park. The remaining terms relating to your stay will be applicable.
3. These Booking Terms apply in addition to, and not in substitution for, any statutory rights under the Australian Consumer Law or other applicable legislation.

6. Making a Booking

1. 1. A person wishing to make a booking for accommodation or related services at BIG4 Twin Dolphins Holiday Park must do so through an authorised booking channel. Authorised booking channels include the official BIG4 Twin Dolphins Holiday Park website, online travel agent, on-site reception or by direct phone call. Any bookings made through unauthorised channels or third parties not recognised by BIG4 Twin Dolphins Holiday Park will not be binding on BIG4 Twin Dolphins Holiday Park unless expressly confirmed in writing. Guests are encouraged to book directly through the official website or call our office to ensure that they receive the most accurate information regarding availability, pricing, and applicable terms.
  1. Bookings must be made by an Adult over the age of 18 years and who has the legal capacity to enter into binding contracts. BIG4 Twin Dolphins Holiday Park requires that the person making the booking (“Booking Holder”) present a valid form of government-issued photo identification at check-in (such as a current driver’s licence, passport, or proof-of-age card) that matches the details provided at the time of booking.
  2. Guests must be at least eighteen (18) years of age to stay unaccompanied at BIG4 Twin Dolphins Holiday Park. Persons under the age of eighteen (18) years must be accompanied at all times by an Adult over the age of 18, who has the legal authority and responsibility for their care and conduct during the stay. BIG4 Twin Dolphins Holiday Park reserves the right to refuse entry or cancel a booking without liability where it reasonably believes that minors are attempting to stay without adequate adult supervision or authority.
  1. The Booking Holder must also provide a valid payment method at the time of booking. Accepted payment methods include Visa or MasterCard credit cards, debit cards, or other forms expressly approved by BIG4 Twin Dolphins Holiday Park. The payment method provided must be in the name of the Booking Holder, unless prior arrangements have been agreed with BIG4 BIG4 Twin Dolphins Holiday Park. Guests acknowledge and agree that their payment method may be used not only for the deposit or full prepayment required to secure the booking, but also for incidental charges, damages, or other amounts payable under these Terms and Conditions. Where the payment method is found to be invalid, expired, or otherwise unacceptable, Twin Dolphins Holiday Park may cancel the booking without notice and without liability to the Guest.
  1. The Guest authorises BIG4 Twin Dolphins Holiday Park to deduct from the nominated credit or debit card any outstanding accommodation charges, fees, or damage charges, including but not limited to the repair of damage to accommodation or park facilities, damage to or loss of site infrastructure, the cost of lost items, or the cost of lost keys. Where the Guest is unable to provide a valid credit or debit card, BIG4 Twin Dolphins Holiday Park may, at its discretion, accept a cash bond of three hundred dollars ($300.00) together with a copy of government-issued photo identification. The bond will be held as security for any outstanding charges that may be applied by BIG4 Twin Dolphins Holiday Park to any amounts owing under these Terms. Deductions will only be made for amounts reasonably and properly incurred by BIG4 Twin Dolphins Holiday Park in accordance with these Terms, and any remaining balance of a cash bond will be refunded to the Guest within a reasonable time after departure.
  1. All bookings are subject to availability at the time of request. Accommodation types, room configurations, bedding preferences, and other requests will be allocated at the sole discretion of and cannot be guaranteed, even where preferences are noted at the time of booking. BIG4 Twin Dolphins Holiday Park will make all reasonable efforts to accommodate such requests but provides no assurance that they will be fulfilled.
  1. Minimum stay requirements may apply to certain accommodation types or during specified periods, including but not limited to Peak Periods, school holidays, long weekends and special events. Any applicable minimum stay will be notified at the time of booking. Where a minimum stay applies, Guests will be charged for the full minimum stay regardless of whether they occupy the accommodation or site for the entire period booked. BIG4 Twin Dolphins Holiday Park reserves the right to vary minimum stay in accordance with demand and operational requirements.
  1. Bookings are considered tentative and will not be confirmed until BIG4 Twin Dolphins Holiday Park has received the required deposit or full prepayment, as specified at the time of booking. If the required deposit or prepayment is not received within the timeframe stipulated, BIG4 Twin Dolphins Holiday Park reserves the right to cancel the booking without further notice. In such cases, the Guest will have no claim for compensation or damages against BIG4 Twin Dolphins Holiday Park.
  1. Upon receipt of the required payment, BIG4 Twin Dolphins Holiday Park will issue a booking confirmation to the Guest by email or other agreed method of communication. The booking confirmation will set out the essential details of the reservation, including dates of stay, number of guests, accommodation type, applicable rate, and any inclusions. It is the Guest’s responsibility to review the confirmation carefully and to notify BIG4 Twin Dolphins Holiday Park immediately of any inaccuracies or discrepancies. Failure to do so may result in the booking being honoured in accordance with the details contained in the confirmation, and BIG4 Twin Dolphins Holiday Park will not be liable for any losses arising from the Guest’s failure to identify errors in a timely manner.
  1. The number of Guests permitted to occupy any accommodation, or site is limited to the number specified in the Booking confirmation. Occupancy limits are based on safety requirements and the capacity of the accommodation or site, and include all Adults, Children and Infants. Exceeding the stated occupancy without the prior written approval of BIG4 Twin Dolphins Holiday Park is a breach of these Terms and may result in additional charges, cancellation of the Booking, and/or immediate termination of occupancy without a refund.
  1. BIG4 Twin Dolphins Holiday Park may, in its absolute discretion, refuse to accept a booking or impose additional conditions where it reasonably believes that doing so is necessary to protect the safety, security, or reputation of its property, staff, or other guests. Grounds for refusal may include, but are not limited to, previous incidents of misconduct, abusive or inappropriate behaviour, breach of prior booking terms, fraudulent activity, failure to provide valid identification, or failure to provide a valid payment method. Twin Dolphins Holiday Park is not obliged to provide reasons for declining a booking request.
  1. Once confirmed, bookings are binding on the Guest and subject to these Terms and Conditions, together with any additional policies published by BIG4 Twin Dolphins Holiday Park. By proceeding with a booking, the Guest acknowledges that they have read, understood, and accepted these Terms and Conditions, and agree to be bound by them.

7. Pricing and Tariffs

All rates and tariffs published by Twin Dolphins Holiday Park are quoted in Australian Dollars (AUD) and include Goods and Services Tax (GST) unless otherwise stated.
Twin Dolphins Holiday Park reserves the right to amend its published rates and tariffs.
Once a Booking has been confirmed and the required deposit or prepayment received, the rate applicable to that Booking is fixed and will not be subject to increase, except in the case of:
manifest or obvious error in the published rate; or
a change in government taxes, levies, or charges that lawfully requires an adjustment.
Rates may vary depending on whether the occupants are classified as Adults, Children, or Infants in accordance with these Terms.
Unless otherwise stated, published rates are based on twin share (two adult persons) occupancy. Additional charges apply for each extra person occupying the accommodation or site, regardless of whether the additional occupant is an Adult, Child or infant. Infants may be exempt from additional person charges at the discretion of Twin Dolphins Holiday Park. The applicable additional charges will be specified at the time of booking.

8. Accommodation Allocation & Preferences

Twin Dolphins Holiday Park will make every reasonable effort to accommodate specific guest requests in relation to site, cabin, or accommodation type. However, all requests are subject to availability and cannot be guaranteed. Management reserves the right to allocate accommodation at its discretion, including reallocating guests to an alternative site, cabin, or accommodation of a comparable standard where necessary for operational, safety, or maintenance reasons.

9. Check-in Requirements

The minimum age for check-in is 18 years. All guests checking in must provide a valid form of government-issued photo identification and a valid method of payment in the name of the Booking Holder or Guest responsible for payment. Management reserves the right to refuse entry where these requirements are not met.

10. Guest Responsibilities and Park Rules

Guests must comply at all times with the published Park Rules, guidelines, signage, and all reasonable directions of park management and staff. Non-compliance may result in termination of the Guest’s stay without refund, and the Guest may be required to vacate the premises immediately.

11. Bunk beds

For safety reasons, children under the age of nine (9) years are not permitted to sleep on the upper level of any bunk bed provided within the accommodation. In addition, bunk beds are subject to a maximum weight limit of seventy-five kilograms (75kg). Guests are responsible for ensuring that these rules are strictly adhered to for the duration of their stay.

Occupancy at any Twin Dolphins Holiday Park property is granted on condition of compliance with these Terms and Conditions and the Park Rules, which may be amended from time to time without notice. Twin Dolphins Holiday Park reserves the right to terminate a Guest’s occupancy immediately if there is a breach of these requirements.

A Booking grants the Guest a limited licence to occupy the allocated accommodation or site for the dates confirmed in the Booking. No tenancy, leasehold, ownership or other proprietary rights are created or conferred by a Booking or stay at Twin Dolphins Holiday Park. Guests and Visitors must not sell, transfer, assign, licence, sublet or otherwise grant rights of occupancy in respect of any accommodation, cabin, villa, site or other property of Twin Dolphins Holiday Park. Any attempt to do so will render the Booking voidable at the discretion of Twin Dolphins Holiday Park and may result in immediate termination of the Guest’s occupancy without refund.

13. Visitors

Guests are responsible for the conduct and behaviour of any Visitors they invite or permit into a Twin Dolphins Holiday Park. Guests must ensure that Visitors comply with these Terms and the Park Rules at all times. Guests are liable for any damage, loss, costs or expenses caused by their Visitors.

14. Dogs

Dogs are only permitted at designated places within Twin Dolphins Holiday Park and must comply with park-specific rules. Where permitted, dogs must be kept under control and on a lead at all times, must not be left unattended, and must not cause disturbance to other guests. Dogs are not permitted in cabins, villas or other enclosed accommodation, or anywhere near the permanent residences . Guests are responsible for cleaning up after their dogs and for any damage or additional cleaning costs caused. Twin Dolphins Holiday Park reserves the right to refuse entry or terminate a stay if these requirements are not met. Nothing in this clause affects the rights of Guests to be accompanied by accredited assistance animals.

15. Smoking, Alcohol and Drugs

Smoking is prohibited in all enclosed accommodation, communal buildings, amenities blocks, BBQ area and other designated non-smoking areas of Twin Dolphins Holiday Park. Consumption of alcohol is permitted only in private accommodation or designated areas and must be in moderation.
The use, possession or distribution of illegal drugs is strictly prohibited and will result in immediate termination of occupancy without refund, and police notified.

16. Behaviour and Noise

Guests and Visitors must not engage in disorderly, offensive, abusive, unlawful or antisocial behaviour. Quiet hours ordinarily apply between 10:00 pm and 7:00 am (or as otherwise notified at the park). Guests are required to respect the amenity and comfort of other guests and the surrounding community. Twin Dolphins Holiday Park reserves the right to terminate a Guest’s occupancy without refund where behaviour breaches these requirements.

17. Use of Facilities

Guests and Visitors use park facilities, amenities and equipment (including but not limited to pools, playgrounds, BBQs, kitchens, at their own risk. Guests must comply with all safety rules and signage and supervise children appropriately. To the fullest extent permitted by law, Twin Dolphins Holiday Park is not liable for any injury, loss or damage suffered by Guests or Visitors while using park facilities, except where directly caused by Twin Dolphins Holiday Parks negligence.

18. Vehicles, Parking and Roads

Guests and Visitors must observe posted speed limits and traffic directions within Twin Dolphins Holiday Park. Vehicles must be parked only in designated areas. The use of unregistered or unsafe vehicles, reckless driving, or excessive noise from vehicles is prohibited. Twin Dolphins Holiday Park reserves the right to remove or deny access to vehicles that breach these requirements.

19. Property Damage and Cleaning

Guests are responsible for leaving accommodation and sites in clean and tidy condition. Additional cleaning charges may apply where accommodation or sites are left excessively dirty or with unreasonable waste. Guests are responsible for the cost of repairing or replacing any property of Twin Dolphins Holiday Park that is lost, damaged, removed or destroyed by the Guest or their Visitors, except where caused by fair wear and tear.

20. Lost Property

Items of lost property found at Twin Dolphins Holiday Park will be held for a period of 30 days and may be claimed by contacting park management. Perishable, unsafe or unhygienic items will not be stored. Twin Dolphins Holiday Park may, at the Guest’s cost, arrange return of lost property by post or courier. Twin Dolphins Holiday Park is not responsible for any loss or damage to items left behind.

21. Compliance with Laws

Guests and Visitors must comply with all applicable laws, regulations, by-laws and official directions during their stay at a Reflections Holidays Place, including but not limited to fire restrictions, licensing conditions and public health orders.

Cancellations, Amendments, Refunds & Guest Account Credit

22. General Principles

Twin Dolphins Holiday Park will use reasonable endeavours to assist if your holiday plans change, however we cannot guarantee that changes can always be made or that a refund will be available.
Cancellation requests for bookings made directly with Twin Dolphins Holiday Park must be lodged directly with us. If you booked through a third party (for example, an online travel agent), you must contact that party directly.
No refunds are given for unused portions of your stay, including no-shows, early departures, or cancellations after arrival, except in exceptional circumstances and at the Managers (or Managers representative) discretion

"Cancellation Period" means the period within which a Booking may be cancelled, outlined as follows.

PEAK TIME CANCELLATIONS: All public holidays, including but not limited to Christmas, Easter, Kings Birthday & Labour long weekend.

Up to 4 weeks prior to check in – Full refund less $50.00 administration fee.

4 weeks to 1 week prior to check in – 2 weeks to 3 days prior to check in – 50% refund less a $50.00 administration fee OR 50% credit held for 6 months’, transferable to other family members, to be re-booked within the 6-month period. If the credit is not re- booked within the 6-month period and not used within a 12-month period, the credit is forfeited.

1 week prior to check in – NO REFUND OR CREDIT OFFERED except in exceptional circumstances and at Managers (or Managers representative) discretion.

STANDARD CANELLATIONS OUTSIDE OF PEAK TIME:

Up to 2 weeks prior to check in – Full refund less $50.00 administration fee.

2 weeks to 3 days prior to check in – 50% refund less a $50.00 administration fee OR 50% credit held for 6 months’, transferable to other family members, to be re-booked within the 6-month period. If the credit is not re-booked within the 6-month period and not used within a 12-month period, the credit is forfeited.

3 days prior to check in – NO REFUND AND NO CREDIT OFFERED, except in exceptional circumstances and at Managers (or Manager representative) discretion.

23. Refund Timing

Approved refunds will generally be processed within 10 business days but may take longer depending on your financial institution.

24. Deposits and Prepayments

A deposit or prepayment will be required at the time of booking. Bookings are not confirmed until the required payment has been received.

25. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any rights, remedies, guarantees or obligations that cannot be excluded under the Australian Consumer Law. If Reflections Holidays cannot provide accommodation or services in accordance with your booking, you may be entitled to a refund, credit or other remedy under the ACL.

26. Right to Refuse Entry or Terminate Stay

Twin Dolphins Holiday Park reserves the right to refuse entry to, or to require the immediate departure of, any Guest or Visitor in the following circumstances:

failure to comply with these Terms, the Park Rules, or any lawful directions of Reflections Holidays staff or Management;
failure to complete the registration process, or to provide valid photo identification, a valid credit card, bond or other payment as required;
failure to pay any required deposit, tariff, bond or other charges when due;
where the number of occupants exceeds the occupancy limits for the accommodation or site;
where false, misleading or incomplete information has been provided in connection with the Booking or registration;
Where Twin Dolphins Holiday Park reasonably believes the safety, security, comfort or amenity of other Guests, Visitors, staff, contractors or the park is at risk, including as a result of disorderly, offensive, abusive, unlawful or antisocial behaviour; or
where entry or continued stay would otherwise be unlawful or in breach of applicable regulations.

In such circumstances, Twin Dolphins Holiday Park is not obliged to provide a refund of any amounts paid and may recover from the Guest or Booking Holder any costs, losses or damages reasonably incurred as a result of the conduct of the Guest or Visitor. Nothing in this clause limits a Guest’s rights to a refund or remedy under the Australian Consumer Law.

Privacy and Data Protection

Twin Dolphins Holiday Park collects, stores, uses and discloses your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
By making a Booking, you consent to Twin Dolphins Holiday Park collecting and using your personal information for the purposes of managing your reservation, providing accommodation and related services, verifying your identity, processing payments, and communicating with you regarding your stay.
Twin Dolphins Holiday Park may also use your personal information to send you marketing communications, including promotional offers, newsletters, and information about products and services that may be of interest to you. You may opt out of receiving marketing communications at any time by following the unsubscribe instructions included in the communication or by contacting Twin Dolphins Holiday Park directly.
Twin Dolphins Holiday Park may disclose your personal information to third-party service providers engaged to assist with the administration of Bookings or related services, including IT service providers, data processors, payment processors, marketing agencies, and affiliated Twin Dolphins Holiday Park entities. Some of these recipients may be located overseas. Twin Dolphins Holiday Park will take reasonable steps to ensure that any such third parties comply with the Privacy Act.
You have the right to access and correct your personal information held by Twin Dolphins Holiday Park and to make a complaint if you believe your privacy has been interfered with.

Limitation of Liability

To the fullest extent permitted by law, Twin Dolphins Holiday Park, its employees, contractors and agents are not liable for any loss, damage, injury, cost or expense suffered or incurred by any Guest or Visitor, whether direct, indirect, consequential or otherwise, arising out of or in connection with a Booking, stay, or use of any Twin Dolphins Holiday Park Place, facilities or services.
Without limiting the generality of the above, Twin Dolphins Holiday Park is not responsible or liable for:
1. loss, theft or damage to personal property, vehicles, money or valuables of Guests or Visitors, whether left in accommodation, facilities, common areas or otherwise;
2. injury, loss or damage suffered by a Guest or Visitor while using park facilities, participating in recreational or sporting activities, or otherwise engaging in activities organised by or through Twin Dolphins Holiday Park, except to the extent directly caused by Twin Dolphins Holiday Parks’ negligence;
3. any act, omission or service provided by third-party operators, contractors or suppliers (including but not limited to tour providers, hire companies or food and beverage providers), whether or not such third parties are recommended by Twin Dolphins Holiday Park;
4. any failure or delay caused by a Force Majeure Event; and
5. any indirect, special, punitive or consequential loss, including but not limited to loss of profits, loss of opportunity, loss of anticipated savings, loss of goodwill, loss of data, or loss of enjoyment.
Nothing in these Terms excludes, restricts or modifies any rights, remedies, guarantees or warranties that cannot be excluded under the Australian Consumer Law. Where such rights apply and liability cannot lawfully be excluded, Twin Dolphins Holiday Parks’ liability is limited, at its option, to either:
1. resupplying the services; or
2. paying the cost of having the services supplied again.

36. Indemnity

To the fullest extent permitted by law, each Guest agrees to indemnify and hold harmless Twin Dolphins Holiday Park, its employees, contractors and agents (together, “Twin Dolphins”) from and against all losses, damages, liabilities, claims, demands, costs and expenses (including legal fees on a solicitor–client basis) incurred or suffered by Twin Dolphins arising out of or in connection with:

any breach of these Terms and Conditions or the Park Rules by the Guest or their Visitors;
any negligent, wilful, reckless or unlawful act or omission of the Guest or their Visitors while on or about a Twin Dolphins Holiday Park Place; and
any damage to property, injury or loss caused or contributed to by the Guest or their Visitors.

This indemnity does not apply to the extent that the loss, damage, liability, claim, demand, cost or expense was caused or contributed to by the negligence, unlawful act or omission of Twin Dolphins Holiday Park
The Guest agrees to indemnify and hold Twin Dolphins Holiday Park harmless from and against any and all claims, demands, losses, damages, costs, and expenses (including reasonable legal fees) arising from or related to bookings made through third-party booking companies or websites. This includes, but is not limited to, any disputes regarding pricing, availability, cancellations, refunds, or service discrepancies between the Guest and the third-party booking provider. Twin Dolphins Holiday Park shall not be liable for any acts, errors, omissions, representations, warranties, breaches, or negligence of any third-party booking providers or their agents. Any claims or disputes relating to such third-party bookings must be addressed directly with the relevant booking provider.

39. Insurance

Twin Dolphins Holiday Park strongly recommends that all Guests obtain appropriate insurance at the time of booking, covering events including but not limited to cancellation, curtailment, medical expenses, loss of luggage, personal effects and other unforeseen circumstances. Guests acknowledge that insurance is their responsibility and is not provided by Twin Dolphins Holiday Park.

40. Intellectual Property

All intellectual property rights in Twin Dolphins Holiday Park, including without limitation its name, branding, logos, content, website materials, accommodation designs, marketing materials and promotional content, are owned or licensed by the NSW Crown Holiday Parks Land Manager. A Booking or stay does not confer upon any Guest or Visitor any rights of ownership or use of such intellectual property, other than for the limited purpose of identifying and enjoying the accommodation and services provided by Twin Dolphins Holiday Park. Any unauthorised use of Twin Dolphins Holiday Parks’ intellectual property is strictly prohibited.

41. Assignment

Twin Dolphins Holiday Park may assign, transfer or novate its rights and obligations under this Agreement to another entity without the consent of the Booking Holder or Guests. Notice of such assignment will be provided by publication on the Twin Dolphins Holiday Park website. Booking Holders or guests with a booking may not assign or transfer their booking to any other person or entity.

42. Dispute Resolution

If a dispute arises out of or in connection with a Booking or these Terms, including any complaint by a Guest, the Guest must first lodge the complaint in writing with Twin Dolphins Holiday Park by email to bookings@twindolphins.com.au, providing reasonable details of the matter. A complaint may also be lodged by post to 134 South Street, Tuncurry, NSW 2428 (Attention: Manager).
Twin Dolphins Holiday Park will acknowledge receipt of the complaint within ten (10) business days and will use reasonable endeavours to provide a substantive written response within twenty-one (21) business days.
If the dispute is not resolved within thirty (30) days of lodgement, either party may refer the matter to mediation conducted under the rules of the Resolution Institute of Australia.

43. Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of New South Wales, Australia. By making a Booking or staying at Twin Dolphins Holiday Park, you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and of the Commonwealth of Australia.

44. Notices

Any notice required to be given under these Booking Terms may be given by Twin Dolphins Holiday Park or a Guest:

by email to the email address provided in the Guest’s booking or to bookings@twindolphins.com.au.
by posting a general notice on the Twin Dolphins Holiday Park website; or
by ordinary post to the postal address provided in the Guest’s booking or to the address of Twin Dolphins Holiday Park set out in these Terms.

A notice is deemed to be received:
1. if sent by email, when successfully transmitted to the recipient’s server (unless a delivery failure notification is received);
2. if posted on the Twin Dolphins Holiday Park website, three (3) days after the date of posting; and
3. if sent by ordinary post within Australia, five (5) business days after posting.

General

46. Amendments

Twin Dolphins Holiday Park may amend, vary, or replace these Booking Terms from time to time. Any such amendment will take effect from the date specified in the notice provided to Guests, which may be given by email, post, or by publication on the Twin Dolphins Holiday Park website. Twin Dolphins Holiday Park will not make amendments that materially reduce rights in relation to an existing booking without providing at least thirty (30) days’ prior notice where practicable. If you do not agree to amended terms that affect a future booking, you may call Twin Dolphins Holiday Park to discuss your booking and the said changes. Depending on the circumstances, Twin Dolphins Holiday Park may offer a refund or credit to your deposit. Continued use of a booking following the effective date of an amendment constitutes acceptance of the amended Terms.

47. Waiver

No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach. No delay or omission by Twin Dolphins Holiday Park in exercising any right, power, or remedy shall operate as a waiver thereof, and a waiver will only be effective if made in writing and signed by an authorised officer of Twin Dolphins Holiday Park.

48. Severability

If any provision of these Terms is found to be invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be severed to the extent necessary, and the validity and enforceability of the remaining provisions shall not be affected. The parties agree to negotiate in good faith a valid replacement provision that most closely reflects the intended purpose of the invalid provision.

49. Survival

All provisions of these Terms which by their nature are intended to survive termination or expiry of a booking shall continue in full force and effect. This includes, without limitation, provisions relating to limitation of liability, indemnity, privacy, accrued rights, and any obligation to pay monies owing.

50. Force Majeure

Twin Dolphins Holiday Park shall not be liable for any failure, delay, or interruption in performing its obligations under these Terms where such failure, delay, or interruption is due to a Force Majeure Event. Where a Force Majeure Event prevents or delays performance for a period exceeding sixty (60) consecutive days, Twin Dolphins Holiday Park may, at its discretion, suspend or cancel affected bookings without liability.

51. Entire Agreement

These Booking Terms constitute the entire agreement between Twin Dolphins Holiday Park and the Guest in relation to the booking and supersede all prior understandings, representations, or agreements. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect.

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