Terms and Conditions
1. Introduction
- These Booking terms and conditions, your Booking and the House Rules form the terms of a legal agreement between Drifter Hospitality Group Pty Ltd (ACN 642 454 608) (Drifter, we, our or us) and the person or entity (you or your) listed as the ‘Guest’ or ‘your details’ in your Booking (collectively, the Agreement).
- All Bookings made with Drifter, either in person or online, are made subject to the terms of this Agreement and you are deemed to have accepted this Agreement once you have submitted your Booking or once any payment is made in relation to your Booking (whichever is earlier).
2. Terms of entry and stay
- When you check-in you must provide valid and current government issued photographic identification. Your Booking must be under the name of the person checking in. In addition, you must also provide a credit card that matches the name in the photographic identification.
- Drifter is an open and inclusive destination for travellers looking to share a unique experience together openly and respectfully. As this is a shared experience Drifter reserves the right to refuse guest bookings if staff feel that the person is negatively impacting that shared experience for the other guests we have staying with us.
- If you are unable to provide such identification your Booking may be cancelled and you may be liable to pay Drifter an amount equal to the full Booking amount plus any other costs incurred by Drifter in connection with your Booking. In these circumstances, any pre-payment you have made in relation to the Booking will not be refunded to you.
- Drifter offers hotel and hostel accommodation for short term travellers visiting for holiday, work or events and reserves the right to refuse entry to those booking for long-term accommodation
- Drifter offers a safe, clean and inclusive experience for guests and reserves the right to evict any guests negatively impacting the experience, work or safety of staff and other guests
3. How to book and bookings
- You may make a Booking in advance via Drifter’s Website, by telephone or in person.
- When making a Booking, you will be required to provide personal information including your name, address, telephone number and email address.
- Bookings require a valid credit card number to guarantee your reservation. Your card will be held as security for your reservation and utilised for any applicable cancellation or non-arrival fees. Unless an alternative valid card or accepted method of payment is provided upon check-in, this card will be used for all outstanding accommodation and ancillary costs and for any damage to the room during the stay. Advance purchase or prepaid rates will be charged at the time of booking, as marked on the rate description.
- Bookings are subject to the availability and applicable pricing and conditions and/exclusions at the time of your Booking and/or stay (as applicable).
- Bookings made in advance are not a legally binding agreement until Drifter confirms that payment has been made in respect of your Booking and you receive written confirmation to your nominated email address that the payment has been received and the Booking has been confirmed by Drifter.
- Drifter does not guarantee room allocation. For example, if you book beds in a shared room, we will use our reasonable endeavours to accommodate guests in the same room, but we cannot guarantee that this will be the case.
4. Additional Services
- During your stay at a Drifter, Drifter may provide you with Additional Services.
- The Booking Fee or any quoted rates given by Drifter do not include Additional Services. Additional Services will incur additional fees which will be payable by you, in addition to the Booking Fee (at our prevailing rates at the time) (Service Fee).
- Certain Drifter venues are licensed to serve alcoholic beverages. Drifter supports the responsible service of alcohol. Drifter reserves the right to check the identification of any customer who wishes to purchase alcoholic beverages at a Drifter or any associated venue.
5. Group bookings
- Bookings for 9 or more guests (Group Booking) require prior written approval from Drifter. Drifter is not obliged to accept a request for a Group Booking. A Group Booking will be subject to additional terms and conditions, which will be disclosed to you at the time of your Booking.
6. Rates and charges
- All rates quoted are in the currency so denominated at the time of Booking. Any quote given is an estimate only and the rates may change at any time. The Booking Fee will only be confirmed once you have submitted your Booking to Drifter.
- New rates may apply if you wish to change your Booking (e.g. change your room type or dates of stay) or extend your stay subject to this Agreement.
7. Payment
- Drifter reserves the right to pre-authorise your credit card at the time of online booking and/or at the time of check-in at the Drifter Hostel, to check for validity and sufficiency of funds. The pre-authorised amount is set aside by the credit card company and may affect the available funds balance or spending limit.
- Pre-authorised cards are held as security for your reservation and may be utilised by Drifter for all aspects provided for in clause 3 of these terms.
- Payments must be made by a credit card or debit card accepted by Drifter. We do not take cash on the premises. Payments by credit card will incur a transaction fee which will be displayed at the time of Booking.
- At the time of Booking and at check-in (as the context permits), you will provide Drifter with your credit card details and you expressly authorise Drifter to use your nominated credit card to pay for the Booking and for any others sums, including any Service Fees, that become owing to Drifter as specified in, or contemplated by, this Agreement.
- Drifter has the right, at its absolution discretion, to require you to make full payment in advance or pay a deposit at the time you order any Additional Services.
- If any deposit or final payment cannot be deducted from your credit card or is not received by us the within 2 days of you making the Booking, Drifter reserves the right to cancel the Booking and/or Additional Services and any monies paid by you in relation to your Booking and/or Additional Services will not be refunded to you.
8. Amendments, cancellations, and no-show
- If you wish to change or cancel your Booking or any Additional Services, you must contact us. We cannot guarantee that changes can be made.
- The conditions applying to the cancelation of your booking will be displayed at the time of Booking.
- If you:
- do not show up for your Booking, or fail to attend or utilise any Additional Services ordered; or cancel your Booking or Additional Services, for any reason whatsoever (including because of illness), you will be charged a cancellation fee equal to the total sum of your Booking Fee and/or Service Fee (as the context permits) less any amount which you have already paid.
- Drifter may, at its absolute discretion and at any time, terminate, suspend or cancel your Booking or the Additional Services ordered by you upon reasonable written notice to you. You will be offered (at our sole discretion) either a booking credit or full refund of all monies which you have already paid.
- All cancellation charges will be processed using the credit card used by you to make the Booking.
9. Check-in and check-out
- Check-in time is at 15:00 local time. Earlier check-in may be available subject to prior arrangement with Drifter.
- Unless otherwise specified in the Booking, check-out time is 10:00am local time. At this time, you must check-out of the room and return your room key and bring all personal belongings, to the reception (and you will ensure that your guests do too).
10. Late check-out
- If you wish to check-out later than the standard check-out time, it may be possible by prior arrangement, with an additional charge, and subject to availability. Drifter may approve a request for a late check-out, at its absolution discretion.
- If you do not arrange a late check-out with Drifter and you check out after 10:00 local time, you will be charged an additional night’s accommodation at the standard applicable rate for the occupied room/bed(s) (as applicable).
11. House Rules
- A comprehensive list of House Rules is available when you check-in at a Drifter Hostel.
- The House Rules apply to your stay at a Drifter Hostel and to your access to, and use of, the Additional Services.
- Should you (or any other person staying at a Drifter Hostel that is related to your Booking) fail to comply with the House Rules, Drifter reserves the right, at its absolute discretion, to cancel your Booking and the Additional Services, in which case, you will be asked to immediately leave the premises. Any payment which you have made to date under this Agreement will not be refunded to you.
12. Specific requirements
- To ensure we can assist you with any special requirements, we need you to inform us at the time of making a Booking if any guest related to your Booking has special requirements or needs, including because of a disability.
13. Children
- Drifter is not able to accept guests under the age of 18 years of age unless they are:
- staying in a private room and always accompanied by their parent/guardian; or
- part of a group that has booked out an entire shared room and accompanied by adult supervision, from the group director, at all times.
- Drifter, at its absolution discretion, may require you to show appropriate identification at check-in time as proof of guardianship or that you are 18 years of age.
- If a guest is found to be a person under the age of 18 who is not accompanied by a parent or legal guardian or not complying with these terms and conditions, Drifter may immediately cancel your Booking and the full amount of the Booking will be retained by Drifter.
14. Consumer Law
- To the fullest extent permitted by law, Drifter excludes all express or implied representations, conditions, guarantees, warranties and provisions (whether based on statute, common law or otherwise) in connection with: your Booking, your stay at a Drifter Hostel, the provision or use of the Additional Services, or, this Agreement.
- Where any Act of Parliament (Act) implies any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty will be deemed to be included in this Agreement. Drifter’s liability for any breach of such implied term, condition or warranty will be limited, at Drifter’s option, to any one or more of the following:
- if the breach relates to goods:
- the replacement of the goods or the supply of equivalent goods; or
- the repair of such goods; or
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- if the breach relates to services, to:
- the cost of supplying the services again; or
- payment of the cost of having the services supplied again.
15. Release, indemnity and proportionate liability
- No warranty is given and Drifter will not be liable for:
- acts and omissions of any person (including any other guests) who stay or reside at, visit, rent, occupy, or who are otherwise present at, a Drifter Hostel;
- the availability, security or accuracy of the accommodation and amenities at a Drifter Hostel;
- the suitability of a Drifter for any particular purpose; or
- any loss of moneys, valuables, goods or other property (whether tangible or not) that belong to you or any third person, that are brought into or onto a Drifter. At all times you (and not Drifter) are responsible for your own moneys, valuables, goods or other property.
- To the extent permitted by law, in no event or circumstance will we be liable for any loss of profits, loss of anticipated savings (whether in each case direct or indirect), loss of revenues, loss of data, or for any indirect, incidental, special, exemplary, punitive, or consequential damages, even if advised of the possibility of such damages being incurred, including any such losses suffered or incurred by you.
- You are responsible for all acts or omissions of any person staying in, residing at, visiting or occupying the room or bed (as the context requires) you have booked at a Drifter Hostel (whether such act or omission occurs in the room, or anywhere else at a Drifter Hostel).
- This clause survives the termination or expiry of this Agreement.
16. Licence
- You agree that there is no tenancy or other proprietary rights created under any laws, whether arising under this Agreement, or otherwise, and regardless of your length of stay at a Drifter Hostel.
- Drifter grants you a non-exclusive, revocable and non-sublicensable licence to stay at the Drifter Hostel specified in your Booking and, subject to law, we reserve the right to terminate the licence at any time (without any liability).
17. Force Majeure
We are not liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control, including without limitation acts of God, war, riot, insurrection, vandalism, sabotage, strike, lockout, ban, limitation of work or other industrial disturbance, acts of terrorism or hostilities, a quarantine, epidemic, pandemic, failure of a utility service or transport or telecommunications network, fire, flood, storm, earthquake or extreme weather conditions, computer hacking, malicious damage, compliance with any law, rule or regulation of any government or governmental agency, accident, breakdown of plant or machinery, default of suppliers or sub-contractors, or shortage of suppliers, equipment or materials (Force Majeure Event).
18. General
- Failure or neglect by either party to enforce any term of this Agreement at any time will not waive that party’s rights under this Agreement. If either party waives any rights available to it under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
- If there is any part of this Agreement that is unable to be enforced or which is held to be illegal, we will ignore that part of this Agreement and the remainder of this Agreement will continue in full force.
- Any of term in this Agreement that is expressed to survive, or by its nature survives termination of this this Agreement, will survive and continue in effect after termination.
- This Agreement sets out the entire understanding and agreement between the parties.
- You must not, without the prior written consent of Drifter, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this Agreement.
- We reserve the right, at our sole discretion, to update, change or replace any part of these terms and conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our services following the posting of any changes to our terms and conditions constitutes acceptance of those changes. Any change to these terms and conditions will not apply retrospectively.
- This Agreement will be governed by and construed according to Australian and New Zealand law. The parties irrevocably consent to the jurisdiction in these countries.
19. Definitions
The definitions in this clause apply to this Agreement.
- Additional Services means any of the following, available to you during your stay at a Drifter Hostel:
- restaurant meals, alcohol, room service and bar fridge consumables;
- wireless internet; or
- other goods and services as advertised on our Website, third party websites or social media (from time to time).
- Booking means your reservation at a Drifter Hostel.
- Booking Fee means the price payable for your Booking.
- Drifter means any property associated with Drifter.
- Force Majeure Event has the meaning set out in clause 19.
- Group Booking has the meaning set out in clause 5.
- GST means Goods and Services Tax as such phrase is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Privacy Policy means Drifter’s Privacy Policy located at www.thedrifter.com/privacy-policy.
- Service Fee has the meaning in clause 4.
- Website means the Drifter’s website located at www.thedrifter.com as amended from time to time.
This version of these terms and conditions is dated February 2024