Australian Retail Credit Association Limited

(ABN 47 136 340 791)

TERMS AND CONDITIONS FOR ACCOMMODATION

The following terms and conditions apply to Your booking of accommodation at the RACV Royal Pines or Sofitel Gold Coast ("Hotel") in connection with your attendance at The Arca Credit Summit ("Event") and also apply to "Relevant Persons" as defined below.

Please note: Individuals attending the Event will also need to accept Our delegate registration terms and conditions, which can also be accessed and accepted at this website:

Please note: We offer tickets to the Event that are “stand alone” or that include accommodation. If You wish to retain control over the selection of Your Hotel and room, its cost, and other matters such as refund entitlements, You should avail Yourself of that option, and make Your own accommodation arrangements.

You will also need to accept Our Terms and Conditions of Registration and Attendance, which may also be accessed on this website.

PARTIES:

Subject to clause 1, these terms and conditions of registration form a contract between Australian Retail Credit Association Limited (“We”, “Us”, “Our”) and you, ("You", "Your", "Yourself").

BACKGROUND:

You have registered to attend the Event as a delegate, sponsor, exhibitor, speaker or in some other capacity and have applied to book one or more rooms ("Room") for accommodation at the Hotel, from a block of rooms that We have secured from the Hotel. We have entered into a contract with the Hotel for that purpose ("Hotel Contract").

OPERATIVE PROVISIONS:

1. YOU ENTER INTO THIS AGREEMENT FOR YOURSELF AND ON BEHALF OF RELEVANT PERSONS

You enter into this agreement for Yourself and as duly authorised agent, on behalf of all of Your officers, employees, agents, contractors and guests, who enter the Hotel and/or who occupy or enter Your Room, and any company or other entity on whose behalf You accept this agreement (“Relevant Persons”).

All promises and obligations to which You are bound are also binding on all Relevant Persons. You warrant to Us that You have provided a copy of this agreement to all Relevant Persons.

2. HOTEL AND ROOM ALLOCATION AND QUALITY

We will allocate You Your Hotel and Your Room. Room quality may vary, and allocations may, in some cases, be subject to change by the Hotel, We do not warrant the quality of You Room, or other services of the Hotel.

Important note: As noted above, You have the option to purchase a ticket for attendance at the Event separately, and without accommodation. If You wish to retain control over the selection of Your Hotel and room, its cost, and other matters such as refund entitlements, You should avail Yourself of that option, and make Your own accommodation arrangements.

3. ACCOMMODATION FEES

If you have selected and purchased a ticket that includes accommodation, your ticket cost includes your Room-hire. Due to limited availability, We will not hold a Room booking pending payment and rooms may be allocated to other persons.

No refund of monies paid in respect of Room-hire (or any portion of it) will be payable for early departure from the Hotel.

4. OTHER FEES

The ticket price does not include the following fees and charges, which may be charged by the Hotel and which, if charged, You must pay, direct to the Hotel, before departure:

(a) Hotel parking and valet charges;

(b) luggage handling and room-drop delivery fees;

(d) laundry services, if available;

(e) late check-out fees;

(f) entertainment and movie charges;

(g) internet access and data usage fees;

(h) external phone call fees;

(i) Hotel staff tips;

(j) key-card replacement costs (if any); and/or

(k) any other incidental fees or charges related to Your use or consumption of Hotel goods or services.

If We are charged for (and are required to pay for) any of the foregoing by the Hotel, You must immediately reimburse Us in full.

5. GENERAL CONDUCT AND COMPLIANCE WITH HOTEL RULES

At all times while at the Hotel, You must conduct Yourself in a reasonable, respectful, considerate and lawful manner.

You must comply at all times with all terms, conditions and rules of the Hotel ("Hotel Rules"), including parking rules, no-smoking, drug and alcohol policies and rules, noise abatement rules, dress-codes and behaviour codes and fire-stair and fire-prevention protocols.

It is Your responsibility to check Hotel Rules before entering the Hotel. You agree that the Hotel may eject You from the Hotel if You fail to comply with Hotel Rules.

6. LIABILITY FOR LOSS AND DAMAGE

You are responsible for any damage, injury or loss caused by You to the Hotel or any other person while at the Hotel, including but not limited to:

(a) damage to the Hotel itself or any of the Hotel's property;

(b) damage to the property of any other person at the Hotel, including any vehicle;

caused (whether wholly or partly, directly or indirectly) by Your act or omission. .

You acknowledge and agree that Your conduct may cause Us to be liable for breach of contractual obligations (including indemnities) under the Hotel Contract, or for breach of duties of care or other duties or obligations that We have to the Hotel. Any such liability that We incur to such a third party as a direct or indirect consequence of Your negligence, other tort, breach of statutory duty, or Your breach of this agreement, or of any Hotel Rules, is a reasonably foreseeable and proximate loss recoverable by Us from You.

7. OUR LIABILITY TO YOU AND RELEVANT PERSONS

Your hotel is independent of Us. Accordingly, We are not liable to You or any Relevant Person, and You release Us from liability for:

(a) personal injury or death of You or any Relevant Person while at the Hotel, howsoever caused and by whomever caused;

(b) damage to, theft or loss of Your property while at the Hotel; and/or

(c) any Relevant Person contracting a transmissible illness (including COVID-19) at the Hotel, or the consequences of that,

except to the extent that We, by Our negligence other tort or breach of law, directly causes such loss, injury or damage, but in all cases, Our liability is limited as provided in the Terms and Conditions of Registration and Attendance.

We recommend that You and Relevant Persons consider making transport arrangements that permit variation or cancellation with appropriate refunds. We further recommend that You and Relevant Persons obtain insurance that will reimburse losses of accommodation and transport costs in the event of cancellation or inability to attend, where We do not provide a refund, as provided in the Terms and Conditions of Registration and Attendance.

8. CANCELLATION/REFUNDS

You acknowledge and agree that cancellations, postponements, variations and Your entitlements to a refund are set out in the Terms and Conditions of Registration and Attendance and will depend on the applicable circumstances and timing.

9. MISCELLANEOUS

Governing law and jurisdiction: This agreement is governed by the law of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that place.

Transfer of this agreement: Neither party may assign, novate or otherwise transfer this agreement to any other person or entity, without the prior written consent of the other party, which consent may not be unreasonably denied.

Notices: Any notice under this agreement must be given by email:

(a) in the case of a notice to Us, to this email address:

contact@creditsummit.com.au, or such other address that We notify You in writing from time to time; and

(b) in the case of a notice to You, to the email address set out in Your booking form, or such other address that You notify Us in writing from time to time.

A notice given by email is served on the day of transmission in the location of the recipient, unless the sender’s machine generates a report that the email was not sent at all or in its entirety. If the email has not been completely transmitted by 5 pm it will be regarded as having been served on the next business day. If an email is sent on a day other than a business day will be regarded as having been served on the first business day after such day. For the purposes of this clause, a “business day” is a day other than a Saturday, Sunday or public holiday at the recipient’s address.