Terms & Conditions

OPTIMISED TRAVEL SOLUTIONS

Terms & Conditions

1.   INTRODUCTION

1.1.   References to “us”, “we” “our” “Discover Queensland” shall mean LeisureCom Group Pty Ltd, hereinafter called ‘LeisureCom’.
1.2.   All bookings made by us are subject to the booking terms and conditions outlined in these terms and conditions (Our terms & conditions) and those which apply to the holiday accommodation and service providers (Accommodation & Service provider terms and conditions) with whom you have contracted.
1.3.   We will not change any of our terms and conditions which apply to your booking after it has been made by us unless these changes are agreed with you.
1.4    For future orders, our terms may change and we recommend you read them carefully and agree to them each time during the booking process.
1.5.   Any booking made through us also binds you to the terms and conditions of the accommodation and service providers with whom you are contracted. We advise you to review their terms and conditions and any relevant Product Disclosure Statements carefully before confirming your booking and seek professional advice where appropriate.
1.6.   When booking accommodation or services with LeisureCom you acknowledge and accept to abide by these terms and conditions and those applying to the accommodation or service provider with who you have contracted to stay.
1.7.   If you need further clarification on these Terms and Conditions, please contact Discover Queensland prior to making a booking.
1.8.   These terms and conditions were last updated on 12/05/2021.

2.   PRIVACY

2.1.   All conversations of bookings made by you with our reservations staff are recorded for safety, legal and quality purposes.
2.2.   By making a booking with us you consent to any recorded evidence of your booking being used for purposes of resolving any booking disputes and in any court proceedings.
2.3.   All bookings are otherwise subject to our Privacy Policy which can be viewed at  http://www.discoverqueensland.com.au/privacy-policy/

3.   HOW TO MAKE YOUR BOOKING

3.1.  You may book accommodation or services with us:
3.1.1.  Directly online www.discoverqueensland.com.au
3.1.2.  Email an enquiry through to bookings@leisure.com.au
3.1.3.  Call and speak to one of our reservation consultants on 1300 788 553 or +61 7 5649 9989

4.   BOOKING FEES,  ACCOMMODATION DEPOSITS & PAYMENTS

Booking Fees
4.1.
  We charge a booking fee which is calculated as being 2.5% of the total cost of the accommodation and services we have booked for you.
4.2.  Our booking fee is inclusive of GST.
4.3.  Booking fees apply to all accommodation and service reservations booked by us unless otherwise advised in writing.
4.4.  Our booking fee is earned and charged when your booking reservation is confirmed.
4.5.  Our booking fee is non-refundable.

Accommodation Deposits
4.6.  You are required to make a deposit in respect of your holiday accommodation cost at the time of booking your reservation.
4.7.  The amount of the deposit varies according to the requirements of each accommodation or service provider with whom we make your reservation and the amount of the deposit will be advised to you by your reservation consultant or online before your booking reservation is confirmed.
4.8.  Certain accommodation providers require the full amount of the accommodation cost to be paid at the time of making the booking reservation. If this is the case your reservation consultant will advise you when your booking reservation is confirmed or you will be advised of this online.
4.9.  All accommodation deposits paid are non-refundable but may be transferable on request depending on the circumstances of each booking. Contact one of our reservation booking consultants for details for assistance.

Payments
4.10.  All monies paid to us, with the exception of the booking fee, are received by us on behalf of the accommodation or service provider with whom we are contracted and thereafter paid to them subject to our contractual marketing and reservation booking agreement with them.
4.11.  All monies paid by you to us will be and remain the property of LeisureCom as a debt due and payable to the accommodation or service provider with whom you are booked once the accommodation or services to which the money relates have been provided (except for monies paid for flights with an IATA airline, which might be held on trust for that IATA airline). You agree and acknowledge that such monies will not be held by us on trust for and on behalf of you and that we may hold such monies in any account as we see fit, including with our own and/or other customer monies.
4.12.  If you make a booking within 35 days prior to the arrival date of your accommodation booking you will be required to pay for your accommodation in full at the time of making the booking.
4.13.  In the case of all bookings outside of 35 days from your arrival check-in date for which a deposit was paid, you will be required to pay the balance of your accommodation cost in full payment within 35 days prior to arrival check-in date.
4.14.  All accommodation costs are quoted are in Australian Dollars and are rounded off to the nearest denominator.
4.15.  All costs are inclusive of Australian GST unless otherwise advised.

Credit Card Payments
4.16.  By providing your credit card details to LeisureCom you irrevocably authorise them to process payments for all amounts owing by you for the cost of your accommodation or services booking against this credit card on the dates below:
4.16.1.  The booking fee at the time of paying the deposit.
4.16.2.  The accommodation deposit cost on the date on which your booking is confirmed.
4.16.3.  The balance of your accommodation cost, after deducting your deposit payment, within 35 days from the date on which the accommodation is due to be taken up.

5.   BOOKING CANCELLATIONS OR AMENDMENTS (see also EXCLUSIVE OFFERS)

5.1.  Any special requests (i.e. requests for ocean views or certain room types) made are subject to availability and cannot be guaranteed.
5.2.  Bookings cancelled within 35 days of your arrival check-in date will incur a cancellation fee equal to 100% off the total accommodation cost.
5.3.  Bookings cancelled outside 35 days will incur a cancellation fee equal to the deposit which may be up to 100% off accommodation costs depending on the accommodation supplier’s terms and conditions.
5.4.  If for any reason full payment is not received by the due date, we reserve the right to deem the booking cancelled and appropriate cancellation fees as in 5.1 or 5.3 will apply.
5.5.  Booking amendments are subject to availability and cannot be guaranteed. Any approved amendments to a confirmed booking will incur a minimum, non-negotiable fee of $50 including GST plus any cancellation or other permissible fees imposed by the accommodation property. Amendments within 35 days of your arrival check-in date may not be accepted.
5.6.  Cancelled bookings will incur charges which may be up to 100% of the cost of the booking regardless of whether travel has commenced. Fees and extra charges imposed by accommodation & service providers will apply where a booking is changed or when tickets or documents are reissued. Where we incur any liability for a cancellation fee or charge for any booking which you cancel you agree to indemnify us for the amount of that fee or charge.
5.7.  When a booking is cancelled at your request we will send you confirmation of the cancellation to the e-mail address provided by you.
5.8.  If you fail to cancel a booking and do not check-in in accordance with the booking made you will forfeit the deposit paid at the time of booking. Your right to a refund of any monies paid directly to the holiday rental provider will be determined by the cancellation policy outlined in the accommodation providers Terms & Conditions.

6.   CHECKING YOUR BOOKING

6.1.  It is your responsibility to carefully check that all details of your booking confirmation are correct.
6.2.  LeisureCom will not take responsibility for an incorrect booking unless any discrepancies are advised to us within 48 hours from your booking confirmation.
6.3.  Should you fail to notify us of any errors we will deem the booking details correct and no refunds will be applicable thereafter.

7.   PROPERTY & SERVICE DESCRIPTIONS

7.1.  The description of properties, holiday accommodation inventory and other services advertised on our website or advised by a reservation consultant is based solely on information provided to us by the owners of such properties and service providers.
7.2.  We accept responsibility to present the information provided to us by our clients fairly and accurately. We do not accept responsibility for errors in description based on information provided to us by owners of such properties and service providers and do not guarantee the accuracy of any such information.

8.   WARRANTIES & REPRESENTATIONS

8.1.  Without affecting any statutory consumer rights that cannot be lawfully excluded or limited, LeisureCom gives no warranties and makes no representations regarding the accommodation or services provided by the accommodation or service provider specifically; the usability, fitness of purpose, class, standard, rating or visual images of the properties advertised and is not liable for any misleading or false information, misrepresentations, inaccuracies and errors as a result of incorrect information supplied to us by such parties.

9.   EXCLUSIONS OF LIABILITY

9.1.  Without affecting any statutory consumer rights that cannot be lawfully excluded or limited:
9.1.1.  We will not be liable for any losses, damages, liability, claims or expenses (howsoever caused, including negligence, and whether direct, indirect or consequential) arising from the use of or connected with any products or services booked by us or displayed on the website or any linked website.
9.1.2.  Where our liability cannot be excluded, to the extent permitted by law such liability is limited to either:
9.1.2.1.  for breach of an implied term/s – at our option, to re-supply the service or the cost of re-supplying the service;
9.1.2.2.  otherwise, to the value of the booking made.
9.1.2.3.  We sell accommodation from inventory supplied by each accommodation provider and We cannot accept additional liability for unavailability caused by an accommodation provider over-selling its own inventory.
9.2.  Without limitation, we will not be responsible if the accommodation property or service is not available due to inclement weather conditions or other acts of God.
9.3.  We will not be responsible for any loss occasioned by any delay, expense, illness, injury, death, damage or shock associated with any occurrence whilst using the accommodation or services, irrespective of its cause.

10.   GIFT VOUCHERS

10.1.  Discover Queensland accommodation gift vouchers are valid for 3 years from the date of issue for accommodation and services bookings.
10.2.  In some cases, if the validity date had expired, accommodation vouchers may be extended for a maximum period of 6 months at the sole discretion of LeisureCom and will depend on the circumstances of each case.
10.3.  An extension fee of $25 will apply in all cases in respect of gift vouchers.

11.   EXCLUSIVE OFFERS

11.1.   In addition to these terms and conditions you are also bound by the specific Terms & Conditions applicable to exclusive offers (such as Flash Sales & Hot Deals) for purchase, travel validity and black-out dates which can be found on the marketing e-mail, sale website page, on the booking confirmation and on the voucher itself.
11.2.    Full payment is required at time of booking unless otherwise specified.
11.3.    Changes are permitted up to the specified period of the exclusive offer prior to the travel date provided the amended dates are of an equal value and are available. You can make one (1) change to the date of your booking provided. Any change to booking dates is subject to availability. A service charge of $50 per booking will be applied to changes.
11.4. Cancellations are permitted up to the specified period of the exclusive offer prior to the travel date and will incur a $50 per adult cancellation fee in addition to any supplier fees.
11.5.   We recommend taking out a travel insurance policy at the point of booking.
11.6.    Exclusive offers cannot be used in conjunction with any other offer or combined with any other form of discount or membership.

12.   COVID REFUND GUARANTEE

12.1.  “Product” means the COVID Refund Guarantee.
12.2.  These Terms & Conditions are an extension to our Standard Terms & Conditions and only apply when the Product is purchased.
12.3.  The COVID Refund Guarantee provides a Full Refund on accommodation in the event of a COVID-19 related Government Issued Travel Ban which prohibits you departing from or arriving at a destination where public travel is banned.
12.4.  Refunds are not issued for Government travel warnings. A public travel ban must be in force.
12.5.  The COVID Refund Guarantee covers up until 14 days prior to your departure date to claim a refund.
12.6.  Refund claims made inside of the 14 day travel window are offered a credit only, subject to the Accommodation Supplier’s own Terms & Conditions (which may be exempt from offering a credit).
12.7.  The COVID Refund Guarantee is an optional purchase.
12.8.  The COVID Refund Guarantee is NOT a travel insurance policy.
12.9.  Any refund specifically applies to the Accommodation booking made in conjunction with this Product.
12.10.  Refunds for airline tickets, cruises, tours, transfers, attractions and rail travel are specifically excluded from this Product.
12.11.  The purchase fee charged for the COVID Refund Guarantee is non-refundable.
12.12.  When claiming the COVID Refund Guarantee refund, please email details of your circumstances and your booking reference to bookings@leisure.com.au

12.13.  You are required to provide Us with evidence from the Government website confirming the Travel Ban and the dates it relates to.
12.14.  Refund requests must be received by us within 14 days of your accommodation booking check-in date.
12.15.  Failure to lodge a claim with us within the 14 day period will void your rights to a refund.
12.16.  Refunds can take up to 28 days to process.

13.   YOUR OBLIGATIONS

13.1.  You must be at least 18 years old to make a valid booking of any accommodation or services and LeisureCom reserves the right to decline any booking unless proof of identification has been provided.
13.2.  Children under 18 years old must be accompanied by at least one adult for the duration of any stay at any accommodation.
13.3.  On arrival at a booked property you may be required to supply a credit card for bond security purposes. If you do not have a credit card or one is not available, you may be required to pay a cash bond. Bond requirements are set by the accommodation property and may vary from property to property; it is at the discretion of the property management as to the amount required by them.

14.   TRAVEL SERVICES INCLUDING FLIGHTS, CAR HIRE & INSURANCE

Domestic Air Travel
14.1.
  As a convenience we may assist our clients with airline flight bookings. Please be advised that you are booking and paying directly to the airline carrier and any issues with your booking must be addressed with the particular airline you booked with.
14.2.  All details of your booking and contact information will be on the booking confirmation that is provided to you by the airline you booked with.

Car, Camper & Motorhome Hire
14.3.
  As a convenience we can assist you with holiday car and motorhome rental reservations.
14.4.  Any booking reservation you make for car or motorhome rental is made by you directly with the car or Motor Home Hire Company and any issues with your booking must be addressed to the particular car or Motor Home Hire Company you booked with.
14.5.  Any reservation you make with your car or Motor Home Hire Company is subject to the terms and conditions of service applicable for the company with whom you have booked.
14.6.  All details of your booking including relevant contact information are set out on your booking confirmation which is provided to you by the car rental or Motor Home Hire company you booked with.
14.7.  It is a material term of all car and motor home rental that the person driving the vehicle has a valid driving licence held for a minimum of two (2) years.
14.8.  For full terms and conditions of Apollo Camper & Motorhomes Australia, view the Terms & Conditions

Travel Insurance
14.9.
  As a convenience we can assist our clients with travel insurance through QBE.
14.10.  The pricing of and information about insurance is provided on request.
14.11.  Please be advised that the travel insurance you are purchasing is being bought from and paid directly to QBE and any such insurance is underwritten subject to their terms and conditions.
14.12.  Any issues with your travel insurance policy must be addressed directly to QBE. It is your responsibility to review the terms and conditions and PDS applicable to Travel Insurance. Please view the QBE Product Disclosure Statement
14.13.  A copy of the travel insurance policy you purchased will be provided by QBE.

15.   PROBLEM HANDLING & FAIRNESS

15.1.  We always try to settle any issues or complaints quickly and fairly.
15.2.  In the event that you have a problem with or complaint regarding any of our accommodation bookings please contact our Customer Support Department on 1300 788 553 or email us bookings@leisure.com.au

16.   CAPACITY IN WHICH WE ACT

16.1.  In all instances we act as booking agents only.
16.2.  As booking agents we are contracted by third party property owners and managers who provide accommodation and other third parties who provide services. We book holiday accommodation and services such as; air flight travel, car hire or travel insurance, on their behalf.
16.3.  In our relationship with you we never act as principal. Therefore, in addition to our terms and conditions which apply to our booking fees and other matters, all bookings made on your behalf are also subject to the terms, conditions and limitations of liability imposed by the accommodation and service providers with whom we have booked your accommodation or service.
16.4.  If, for any reason, an accommodation or service provider fails to provide the accommodation or services for which you have contracted your remedy lies against such accommodation or service provider and not against us.

17.   GOVERNING LAW

17.1.  If any dispute arises between you and us, our contract with you is governed by the law of Queensland. By booking with us you submit to the exclusive jurisdiction of the courts in Queensland, Southport.

18.   ACKNOWLEDGEMENT

18.1.   By making a booking with us you acknowledge that you are 18 years of age or older and that you understand and agree our above terms and conditions.

A.  These terms and conditions (Terms) are a legal agreement for the operation, supply, and use of the Program, between you (you, your) and Leisurecom Group (we, our, or us).

B.  These Terms may be accepted by clicking on the “I agree” (or similar) button or checkbox that is present to you when signing up for a Membership and commences on that date.

C.  No person under the age of eighteen (18) is permitted to become a Member or to make a Booking.

D. By becoming a Member and/or making a Booking, you represent and warrant that:

  i. you are 18 years of age or older; and
  ii. you have the legal right and ability to enter into a legally binding agreement with us (including, where a booking is made for or on behalf of another person or multiple persons, on behalf of those persons); and
  iii. you accept the then-current Terms. 

E.  If you are making any Booking on behalf of any other traveller, these Terms will bind all travellers for that Booking.

F.  We may revise these Terms from time to time. Where any changes materially affect your rights, we will attempt to provide reasonable notice. You agree that your continued participation in the  Program constitutes your acceptance of these Terms as amended. If you do not agree to the Terms as amended, you must immediately cease your participation in the Program.

  1. DEFINITIONS

In these Terms:

Booking means a booking for a Travel Service which Members are able to make through the Member Portal or a Travel Concierge from time to time.

Booking Fee means a fee which we or a Travel Service provider may charge you for making a Booking (in addition to the fees payable for that Travel Service and any taxes, duties, or other government imposts or charges).

Leisurecom Group means Leisurecom Group Pty Ltd ABN 84 143 885 367.

Member means a member of the Program and Membership has its corresponding meaning.

Member Information means personal information (at that term is defined in the Privacy Act 1988 (Cth)) and other information that we may collect about a Member.

Member Level means a defined category of Membership that entitles a Member to defined benefits under the Program.

Member Portal means the Program member portal accessible through www.hightide.com.au.

Program means the Hightide Holidays+ program is designed to enable its Members to enjoy travel and lifestyle benefits run by Leisurecom Group.

Quotation means a quotation of the fees payable to make a Booking.

Travel Concierge means an employee, agent, or representative, of Leisurecom Group, whom is authorised by Leisurecom Group to assist you in making travel bookings.

Travel Service includes air travel, land travel, sea travel, accommodation, car hire, lifestyle, or other travel products and services, or packages combining two or more of them.

Voucher means a voucher for discounted travel which may be offered to Members from time to time.

  1. MEMBERSHIP

2.1 We grant you the right for the duration of your Membership, subject to your Member Level, to:

(a) access the Member Portal;

(b) view Travel Service promotions;

(c) make Bookings;

(d) redeem Vouchers; and

(e) otherwise take advantage of the features of the Program from time to time,

in accordance with these Terms, our Privacy Policy, Travel Advice Policy, Refund Policy, and our other applicable terms and policies, as published on our website www.hightide.com.au.

2.2 The benefits offered through the Program from time to time are contingent on the ability of third-party Travel Service providers to provide incentives, discounts, and Travel Services. You agree that the availability of any Booking, Voucher, or other benefits of the Program, may not meet your specific requirements from time to time.

2.3 The Member Portal is an online service that may change from time to time. We will make reasonable efforts to ensure that the Member Portal is and continues to be available. However, in circumstances where immediate action is required to protect the Member Portal or Member Information, we may be required to make the Program (or part thereof) unavailable indefinitely and/or without notice.

2.4 The features of the Program available to you will be determined upon your Member Level. Some Program benefits may not be available to you, or may be subject to an upgrade to your Member Level for an additional fee.

2.5 Your Member Level may provide you access from time to time to additional benefits or programs operated by third parties. You agree that such additional benefits may be subject to additional Terms (whether by us or by the applicable third party) including, without limitation, additional fees or renewal requirements.

  1. USING YOUR MEMBERSHIP

3.1 When registering as a Member, you must provide information including your first name, last name, address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.

3.2 When making a Booking or otherwise making an enquiry in respect of your Membership or the Program, we may require you to provide us your valid and current Membership details, or other information, through the Member Portal, to a Travel Concierge, or through other means.

3.3 You agree that you are solely responsible for ensuring that all information that you provide us from time to time is correct and up-to-date.

3.4 You must keep your account login details secure. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must immediately change your login details and take any other steps necessary to secure your account. If you have lost access to your account, you must immediately contact us. 

3.5 You are solely responsible for the activity that occurs on your account. We are not liable for any unauthorised use of your account and you indemnify us from any loss arising due to any unauthorised activity on your account.

  1. VOUCHERS

4.1 We may offer, and you may redeem, Vouchers on selected products from time to time.

4.2 Save as you may otherwise be entitled based on your Member Level, we are under no obligation to provide any number of Vouchers, or any Vouchers providing any particular benefit, at any time.

4.3 The availability of any Voucher, or the benefits granted by any Voucher, may vary and may not meet your specific requirements from time to time.

4.4 Unless otherwise specified, Vouchers are valid for three years from the date they are issued or the minimum period that such vouchers are valid by law (whichever is the longer).

4.5 Redemption of Vouchers may be subject to additional terms (whether by us or by a third party) including:

(a) Vouchers may not be redeemable for some Bookings;

(b) Vouchers may only be redeemable subject to certain conditions including, without limitation, time of travel, number of travellers, or duration of stay; and

(c) the number of Vouchers which may be redeemed in respect of a single Booking, may be limited or may not stack or accumulate.

4.6 You may share Vouchers with other Members and purchase additional Vouchers for family and friends.

4.7 Vouchers have no resale, face, redemption, or other inherent or intrinsic value, and cannot be redeemed for cash.

4.8 Lost Vouchers cannot be replaced and are not redeemable for cash.

4.9 You agree that:

(a) we may decline to accept your redemption of a Voucher at any time and for any reason; and

(b) where we do not accept your Voucher redemption, you will be entitled to retain the Voucher for future use, and this is your sole remedy in respect of any non-redemption.

4.10 If your Membership expires or terminates for any reason, all unused Vouchers will be forfeited. If, by operation of law, Vouchers cannot be so forfeited, the Vouchers will be valid until expiry under paragraph 4.4.

  1. QUOTATIONS

5.1 Except where stated otherwise, a Quotation:

(a) include all taxes and charges, including goods and services tax, value-added tax, and similar (where applicable);

(b) maybe subject to Booking Fees or other fees, including additional surcharges which are payable directly to the travel supplier; is only guaranteed once your booking has been paid for in full;

(c) is subject to change for reasons including, without limitation, currency fluctuations, fuel surcharges, taxes, and airfare increases;

(d) is subject to availability; and

(e) can be withdrawn or varied without notice.

5.2 It is your responsibility to verify that any Quotation is up to date before placing a Booking or making any payment.

  1. BOOKINGS

6.1 You may be asked to quote your Member number or provide other Member Information when making a Booking.

6.2 If you are a member of a frequent flyer or other travel loyalty program, it is your responsibility to provide those details and ensure that those details are correct at the time of Booking. 

6.3 Travel Service providers, or government authorities, may impose separate conditions on any Booking or the parties to any Booking, including, without limitation, blackout dates, the minimum age for independent travellers, obligations for underage travellers to be accompanied, presentation of the credit card with which the Booking was made, or other restrictions, qualifications, or conditions on the Travel Service(s) under the Booking. You agree that it is your responsibility to inform yourself of such requirements and ensure that such requirements are met and we are not liable due to your delay or failure to comply with such requirements.

6.4 It is your responsibility to notify us at the time of Booking of any special requirements that you or someone in your travelling party may have such as inflight meal requests, seating requests, room type or disabled access. We are not responsible or liable for we or any Travel Service provider is unable to meet any special requirements due to your delay or failure to notify us of such requirements.

6.5 It is your responsibility to carefully check that all details of your Booking are correct at the time of making the Booking. We are not responsible or liable for any incorrect booking. You agree that amendment or other fees may apply to correct a Booking.

6.6 You will be required to pay a deposit or the full payment at the time of making the Booking.

6.7 A Booking Fee may be applied to Bookings. We will inform you of the Booking Fee at the time of payment.

6.8 A deposit will secure your Booking. However, the overall fees payable by you may change if you do not make the final payment by your payment deadline.

6.9 Subject to your rights under the Australian Consumer Law, deposits are non-refundable for changes of mind or cancellations by you.

6.10 Payments can be made via BPAY, Direct Debit, Visa, Mastercard, American Express, or such other means as we may agree to accept payment. We do not accept cheques.

6.11 By providing your credit card details to us, you irrevocably authorise us to process payments for all amounts owing by you for the cost of your Booking against this credit card at the following times:

(a) any deposit at the time of Booking; 

(b) the Booking Fee of 2.5% of the booking value is payable at the time of paying the deposit; and

(c) the balance [as set out at the time of Booking].

6.12 All monies paid by you to us will be the property of Leisurecom Group and will be a debt due and payable to the third-party service provider once the service to which the money relates has been provided, except for monies paid for flights with an International Air Transport Association (IATA) member airline which might be held on trust for that IATA airline. You agree and acknowledge that such monies will not be held by us on trust for and on your behalf and we may hold such monies in any account as we see fit, including with our own and/or other customer monies. 

 

6.13 If for any reason full payment is not received by the due date, we reserve the right to deem the booking cancelled, in which case, the deposit may be forfeited. Cancellation fees may also apply.

  1. BOOKING CANCELLATIONS OR AMENDMENTS

7.1 Subject to your refund and remedy rights under the Australian Consumer Law, the following change and cancellation fees apply to all Bookings:

(a) Travel Services that are non-refundable will incur 100% cancellation fee after full payment is received unless otherwise stated at the time of Booking.

(b) Changes to domestic/trans-Tasman bookings will incur a $50 per Booking amendment fee in addition to supplier fees.

(c) Changes to international Bookings will incur a $100 per Booking amendment fee in addition to supplier fees.

(d) Cancellations to domestic/trans-Tasman bookings will incur a $100 per person per Booking cancellation fee in addition to supplier fees.

(e) Cancellations to international Bookings will incur a $300 per person per Booking cancellation fee in addition to supplier fees.

(f) Amended and cancelled Bookings may also incur supplier fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced.  Supplier fees may also apply where a booking is changed and when tickets or documents are re-issued. Where we incur any liability for a supplier cancellation fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee.  Where you seek a refund for a cancelled booking for which payment has been made to the supplier, we will not provide a refund to you until we receive the funds from that supplier.

 

8 REFUNDS

8.1 We will honour any refund requests in accordance with the applicable consumer protection laws and our Refund Policy. You agree that we may change our Refund Policy from time to time and it is your sole responsibility to review and understand the terms of the Refund Policy prior to entering into any transaction with us.  

9 MEMBER INFORMATION

9.1 We will deal with your Member Information in accordance with our Privacy Policy and this section.

 

9.2 We will not disclose Member Information except (in our reasonable opinion):

(a) as required to operate the Program. Including:

     (i) to our third-party data hosting and other service providers; and

     (ii) to any third party travel, accommodation, car hire, lifestyle, or other service provider(s) with whom you are making an enquiry or Booking;

(b) if necessary to prevent injury or harm to any person; or

(c) if required by law or lawful authority.

9.3 We will make all reasonable efforts to keep Member Information confidential and secure in accordance with these Terms. However:

(a) Member Information may be communicated over networks that are not owned or operated by us (including the internet);

(b) we are not responsible for any Member Information that is lost, intercepted, altered or stored across such networks;

(c) we are unable to guarantee complete security or confidentiality of Member Information, or that third parties will never be able to defeat our security measures or those of third party service provides that we have engaged to provide data hosting or other services.

9.4 Member Information may be stored in multiple locations (including locations outside Australia) from time to time at our sole discretion.

 

9.5 You are solely responsible and liable for:

(a) the accuracy, completeness, and utility of any Member Information; and

(b) any obligations (or breaches of obligations) under any laws or regulations in respect of your providing us with any Member Information.

 

  1. LIABILITY

10.1 The benefits offered by us, or by third parties, through the Program, may vary from time to time. We do not make any representations, warranties, or guarantees, that any particular benefit (including any promotion or Voucher) may be available at any time, will be of a particular use, fitness for your particular purpose, class, standard, rating, or other quality. You agree that it is your sole responsibility to make your own independent enquiries prior to entering into the Program to satisfy yourself of such matters and represent and warrant, as of the date of entering into the Program and at any renewal date, that you have made such enquiries.

 

10.2 We act as an agent only. We offer a range of Travel Services on behalf of third parties who provide those services. Our duties to you are limited to arranging Bookings on your behalf with those service providers.

 

10.3 We do not make any representation about the standard of the services to be provided by travel service providers. In particular, the description of Travel Services on the Member Portal, provided by a Travel Concierge, or otherwise promoted by us, is based solely on the information provided to us by the relevant Travel Service providers, and we are not liable for errors in description based on information provided to us by any Travel Service Provider and do not guarantee the accuracy of such information. You agree that it is your sole responsibility to make your own independent enquiries prior to making any Booking to satisfy yourself of such matters and represent and warrant, as of the date of making any Booking, that you have made such enquiries.

 

10.4 We are not responsible or liable, whether under contract, statute, tort (including negligence), inequity, or otherwise, for:

(a) your decision to enter into the Program; or

(b) the Program failing to meet any anticipated utility, fitness of purpose, class, standard, or rating,

(c) providing Travel Services to you;

(d) a Travel Service provider failing to provide a Travel Service services to you;

(e) the usability, fitness of purpose, class, standard, or rating, of any Travel Service, provided to you;

(f) a Travel Service not meeting any prior described usability, fitness of purpose, class, standard, or rating;

(g) any other act or omission of any Travel Service provider (whether deliberate or negligent);

(h) the Program failing to meet any anticipated utility, fitness of purpose, class, standard, or rating;

(i) injury, losses, expenses, delays or inconvenience suffered by you in connection with your Booking or your travel services, unless our liability is prescribed by legislation which cannot be excluded; or

(j) loss of benefit or change in status relating to any loyalty, rewards, frequent flyer or other programs which result from the actions of a Travel Service provider, including a change in flights or a change in airline carrier; and

(k) any damage or loss that you may suffer or incur as a result of any of the foregoing,

and you release us from any claims (directly or indirectly) for any refund, credit or other compensation, arising from any of the above.

 

10.5 To the extent permitted by law, our total liability to you, per event and in the aggregate, is limited to: 

 

(a) in respect of a Booking, the net amount paid to us (less any supplier’s fees, surcharges, taxes, and other fees and expenses); and

(b) otherwise, the cost of your Membership.

10.6 Where our liability cannot be excluded by law, our liability is limited to:

(a) in the case of goods:

     (i) repairing the goods;

     (ii) replacing the good;

     (iii )the cost of having the goods repaired; or

     (iv) the cost of having the goods replaced; and

(b) in the case of services:

     (i) resupplying the service; or

     (ii) the cost of re-supplying the service.

10.7 We are not liable to you under any circumstances for any loss of profit, loss of revenue, loss of contract value, loss of anticipated profit, loss of opportunity, loss of data, or any other indirect, special, or consequential loss, suffered or incurred by you, whether in contract, tort (including negligence), statute, or otherwise, in connection with this agreement, even if we have been advised or ought reasonably to have been aware of the possibility of such loss.

10.8 You indemnify and keep us, our directors, officers, employees, contractors, and agents, from and against any claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, loss, cost, charge, liability, or expense (including legal costs and expenses on an indemnity basis), however arising, whether present, unascertained, immediate, future, or contingent, and whether based in contract, statute, equity, or otherwise, as a result of your breach of these Terms or other misuse of your Platform including any use in breach of any of our applicable policies from time to time.

10.9 You agree that any breach by you of these Terms may constitute an unlawful and unfair business practice, and may cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining, in addition to any other remedies we may have in law or equity, any injunctive or equitable relief that we deem necessary or appropriate in such circumstances.

  1. THIRD-PARTY CLAIMS

11.1 If any claim is brought against you by a third party alleging that your participation in the Program infringes the claimant’s rights or has caused the claimant loss or damage (whether in contract, tort (including negligence), statute, or otherwise, in connection with these Terms):

(a) you must promptly notify us and supply full details of the claim;

(b) we shall seek to minimise the effect of the claim on each other’s business;

(c) we shall have the right, at our sole option, to:

     (i) negotiate terms for you to continue to participate in the Program;

     (ii) modify the Program to mitigate the claim; and/or

     (iii) terminate the Program with immediate effect. 

12 FORCE MAJEURE

12.1 Force Majeure Event means an extraordinary and unforeseeable event beyond the reasonable expectation of these Terms or control of any party to these Terms including:

(a) act of God, earthquake, cyclone, fire, explosion, flood, landslide, lightning, storm, tempest, drought or meteor;

(b) war (declared or undeclared), invasion, act of a foreign enemy, hostilities between nations, civil insurrection or militarily usurped power;

(c) act of public enemy, sabotage, malicious damage, terrorism or civil unrest;

(d) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint, or damage to property by or under the order of any government or government authority;

 

(e) strikes, blockades, lockout or other industrial disputes; and

 

(f) pandemic, epidemic, quarantine, or lock-down.

12.2 If we are subject to a Force Majeure Event, we will give you written notice as soon as reasonably practicable of the nature and effect of the Force Majeure Event and will make all reasonable efforts to minimise the effect of the Force Majeure Event.

12.3 You agree that we are not responsible or liable for any omission or delay as a result of a Force Majeure Event including, without limitation, any Force Majeure Event which renders a Travel Service provider to provide you with a Travel Service for which you have made a Booking.

  1. DISPUTE RESOLUTION

13.1 If you believe you have a reason to raise a dispute with us under these Terms for any reason, you must first provide us with written notice of the dispute including particulars of the dispute and your current contact details for us to communicate with you regarding the dispute. Our authorised representatives will, within fourteen (14) days, contact you to discuss the dispute in good faith and attempt to resolve the dispute.

13.2 If our authorised representatives are unsuccessful in resolving the dispute within thirty (30) days of our first making contact with you to resolve the dispute, either of us may refer the dispute for mediation. The mediation will be held in Brisbane, Australia, and the dispute will be mediated by an agreed mediator, or if no mediator is agreed, by a mediator nominated by the President of the Queensland Law Society or the President’s nominee. Each of us must bear our own costs of the mediation and bear equally the mediator’s costs and are entitled to legal representation at the mediation.

13.3 You agree that you may not commence Court proceedings (except for urgent interlocutory relief) against us without first complying with the foregoing dispute resolution process.

  1. GENERAL

14.1 For all correspondence to us, please contact us through the contact details provided on our website from time to time.

 

14.2 If we are required to correspond with you, we will contact you via the contact details you have provided us. In instances where we have multiple contact details available for you, we will contact you using the most recent contact details we have on file. You represent and warrant that the contact details that you provide us are and will be kept up-to-date.

 

14.3 We may transfer or assign our rights or obligations arising under these Terms.

 

14.4 Any waiver of any of our rights under these Terms is not effective unless in writing signed by us. Any failure or delay by us in exercising a right under these Terms does not constitute a waiver of our rights. Any waiver by us will only waive our particular rights in the particular circumstances and will not waive any of our other rights, or the same rights in other circumstances.

 

14.5 If any part of these Terms is illegal, void, or unenforceable in any jurisdiction, that part may be severed for the purpose of that jurisdiction only and the remainder of these Terms continue in full force and effect in that jurisdiction.

 

14.6 These Terms constitute the whole of the agreement between us and set out all our respective rights and obligations relating to the subject matter therein, and replaces all earlier representations, statements, agreements, and understandings except as stated otherwise in these Terms. You agree that you have not relied on any statement, representation, assurance or warranty made by any person (including a third party) in agreeing to these Terms.

 

14.7 These Terms shall be interpreted in accordance with Australian law and any disputes in respect of these Terms between us shall be submitted to the non-exclusive jurisdiction and venue of the courts in Brisbane, Australia, and courts of appellate jurisdiction.

14.8 A reference in these Terms to any legislation includes any consolidation, amendment, re-enactment or replacement of legislation.

14.9 Headings are provided for convenience and do not affect the interpretation of the documents making up these Terms.

14.10 The words “include”, “includes” and “including” must be read as if followed by the words “without limitation”.

14.11 The singular includes the plural and the plural includes the singular.

14.2 If a word or phrase is defined its other grammatical forms have corresponding meanings.

14.3 Agreements, representations, and warranties made by two or more people will bind them jointly and severally.

14.4 A person includes the person’s executors, administrators, and permitted novation, and assignees.

14.5 No rule of construction will apply to a provision of a document to the disadvantage of a party merely because that party drafted the provision or would otherwise benefit from it.

These Terms were last updated 17 June 2020.

 

About the ‘Facility’

The Facility is the ecruising.travel web site and the ability to enter into transactions directly with us or with certain parties whose content appears on the site. You acknowledge that some of the material accessible through the facility is provided by third parties, and we are not responsible for this material.

Where the Facility provides the ability to enter into transactions with third parties we are not responsible for those third parties or the goods or services they offer. Airlines, cruise lines and other third party travel providers impose different terms and conditions on the sale of specific travel products featured on this site. You should carefully read all the terms and conditions specific to the product you are booking before finalising your travel transaction.

General Provisions

This agreement is governed by the laws in force in New South Wales. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them and/or any relevant tribunals for determining any dispute concerning this agreement. We may legally assign any of our rights and obligations under this agreement at any time by giving you notice.

Your use of this travel web site and on-line reservation facilities such as ‘booking form’ and ‘booking online’ here-by referred to as the ‘booking engine’ is subject to the following Standard Terms of Service and Trade:

  1. Ownership, copyright and trade marks

    The content of this travel web site, the licensor and / or provider of this site (‘the Agent’). Unauthorised use is strictly prohibited. All title, ownership rights and intellectual property rights, including copyright, rest with the Agent (ecruising.travel).

  2. Accuracy of information and limitation of liability

    The Agent does not endorse or recommend any particular travel service provider. The Agent and its third party suppliers have taken reasonable care that the content of this travel web site, including all travel information and listings is correct but is subject to amendment at any time without notice. The Agent publishes such information in good faith. As user you acknowledge and accept that:

    You are solely responsible for the suitability of any travel services which you purchase by means of the service. In particular, we are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of travel services for use in association with other travel services. Any Agent’s role in relation to your travel arrangements is limited to facilitating your booking and arranging travel documentation, payments and refunds as applicable.

    The Agent accepts responsibility for the performance of this role and for the negligence of its employees. However, to the maximum extent permitted by law, the Agent disclaims all liability for any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by third parties, or failure by the Agent to complete bookings where that failure is due to circumstances beyond its control.

    The Agent accepts no responsibility or liability for any failure or delay on the part of any third party in providing travel services to you where your booking has been properly processed by it; nor is the Agent responsible for any acts or omissions of airlines or other third parties in the course of delivery of such travel services. Where the Agent is liable to you under these terms and conditions its liability will be limited to providing the relevant booking services again or to refunding money paid in relation to services not provided because of the Agent’s default. Where refunds are due to you from third party suppliers of travel products or services, the Agent will provide reasonable assistance to you in claiming such funds from those suppliers. Under no circumstances will the Agent be liable for direct, indirect, consequential or incidental damages including but not limited to lost profits or savings or damages for disappointment.

  3. Warranties

    To the maximum extent permitted by applicable law, the Agent grants no warranties, express or implied, regarding this travel web site and any service or facilities provided including the booking engine. The site and any service or facility are being offered to you “as you see it”. The Agent will not be liable to you for the breach of any alleged warranty.

  4. Use of your contact information

    As user of this travel web site and any service or facility such as the booking engine, you agree and consent that the Agent may use, including to share with third parties related to your booking (like cruise lines, airlines and hotels etc.), your contact information (i.e. your name, e-mail and physical / postal address and / or other contact details) for all purposes directly connected with your reservation request.

  5. Indemnity

    As a condition for your use of this travel web site including any service or facility such as the booking engine, you agree to indemnify the Agent from and against any liability, damage or loss that the Agent incurs or suffers as a result of any action, inaction or omission on your part.

  6. Clients Responsibility

    By registering for the service, you warrant to us that you are at least eighteen years old You must have sufficient credit on your credit card account to meet all charges for travel services you book through this web site.

    You must read the travel-specific terms and conditions at the end of these terms and conditions and convey all information set out in those terms and conditions to any other parties covered by any booking you make. You must keep secure any means of identification that we provide to you in order to access the service.

    You must not resell the service or any products or services accessed by means of the service, or permit any other person, other than adult members of your household or others with your express permission and under your personal supervision, to use your user identification to access the service. You are responsible for all use of the service, and all transactions entered into by means of the service, using this user identification.

    You must not use the service for any activities which breach any laws, infringe any party’s rights, or breach any standards, content requirements or codes promulgated by any relevant authority. You must not use the service in any way which interferes with other users or defames, harasses or menaces anyone. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the service by you or any other person using your membership identification or password.

    You acknowledge that copyright subsists in all software, including HTML code, provided in association with the Service. You must not modify, copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the Service. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice.

    You acknowledge that we may receive all commission from transactions entered into using the service.

Payment Options

  1. Credit Card

    In conjunction with our banking partners, we’ve developed a secure online credit card and PayPal payment system. All PayPal methods (bank transfer, debit or credit cards), Visa, MasterCard and AMEX credit cards are welcome subject to a 1% surcharge. To make the online payment, log onto your account through ‘My Bookings’.

    We don’t take credit cards details over the phone. If you wish to make payment with credit card and do not have access to email, you must complete a credit card authority form. You can download a copy of our credit card authorisation here.

  2. Direct Deposit

    You can transfer funds directly into our ecruising.travel bank account. If you’re paying by Direct Deposit, please ensure it is done before 4pm EST otherwise we will not receive the next day which could result in your booking being cancelled. Once you have paid please email your travel consultant a copy of the transfer details.

    Our bank details:

    BANK: NAB
    ACCOUNT NAME: ECRUISING
    BSB NUMBER: 082 401
    ACCOUNT NUMBER: 899 517 138

     

    Please use ecruising.travel booking ID as reference when transferring funds.

Deposits

Deposits will vary by cruise line, date and duration, along with any airfares, tours and accommodation that requires payment at the time of booking. ecruising.travel deposit requirements are in addition to supplier requirements.

Deposits for select fare programs are non-refundable and non-transferable. For further details please ask your cruise consultant.

Consult Fees

  1. Online Booking

    In conjunction with PayPal and all the major cruise lines, we’ve developed an online booking system that’s simple, safe and secure to use and conveniently available 24/7. If you see the red Book Online option, you can access live availability, cabin numbers and the best available pricing for the day. Once you find the cruise you’re looking for, you can secure your booking in 6 easy steps!

    If you prefer that one of our cruise consultants assist you over the phone to make your cruise only reservation, there is a $25.00 per booking consult fee. With our secure and safe booking system, it is in your best interest to take advantage of our exclusive discounts and make these bookings online yourself to avoid this fee.

  2. Cruise Online Check In

    Most cruise lines allow you to pre-reserve shore excursions, make dinner reservations, spa bookings and even purchase drink packages at a discounted rate. The online check in is also required to access your cruise documentation including your boarding pass. You can access your online check in directly through the cruise line’s website approximately 72 hours after payment is made. Alternatively, you will need to complete forms at the pier and it will delay your embarkation.

    If you prefer that one of our cruise consultants assist you over the phone to complete your cruise online check in, there is a $25.00 per booking service fee.

Amendments

In some cases, existing cruise bookings can be repriced to the new fare or promotions, however, is dependent on the cruise line’s policies and conditions. Repriced bookings will also be subject to new conditions, change in onboard credits, cabin number and dining arrangements. ecruising.travel will charge $50.00 per booking to change an existing booking to a new fare or promotion. Bookings cannot be repriced once final payment has been made.

In the scenario where the booking must be cancelled and rebooked to receive the new fare or promotion, you will be charged our standard cancellation fee in addition to any fees imposed by the cruise line.

For all other amendments including name change, change to stateroom occupancy, accommodation and transfers , ecruising.travel will charge an administration fee of $50.00 per reservation per change, in addition to fees imposed by the supplier/s.

Cancellations

All cancellation requests must be sent in writing by the guest before we can proceed to cancel confirmed arrangements with our suppliers. ecruising.travel will charge the below fees in addition to any fees imposed by our suppliers (unless specific terms and conditions have been arranged). Cancellation Fees will vary depending on date, cruise line, airline and other supplier conditions.

 After Deposit PaymentAfter Final Payment
Cruise Only: (20 nights or less)$75.00 per guest20% of total cost
Cruise Only: (21 nights or more)$150.00 per guest20% of total cost
Standard Rail & Land Journey$150.00 per guest20% of total cost
All Packaged Cruises$250.00 per guest20% of total cost
Specialty Packages (Cruise, Rail and/or Land Tours)Non-RefundableNon-Refundable

NEW: As the situation with COVID-19 continues to evolve, we fully understand the heightened travel concerns that follow. Please review our temporary cancellation policy we have in place for guests that have been affected by cancelled cruise voyages here. Please note, your booking may include other travel services by various suppliers and each supplier will have their own terms and conditions and may incur additional fees.

Final Payments

  1. All pricing and itineraries are current at time of publishing and subject to change without notice. Pricing can change due to currency adjustments, fuel surcharges, taxes and airfare increases up until final payment has been received.

  2. All prices on the ecruising.travel invoice are in Australian Dollars. Some aspects of your booking may be booked in a foreign currency and therefore will be subject to currency fluctuation adjustments at time of final payment. In this case, your booking will be recosted prior to final payment due date.

  3. The final payment due date is noted on your ecruising.travel invoice. It is your responsibility to have the final funds paid by the due date. Should there be any delay, your booking will be at risk of cancellation with no refunds on payments made.

Confirmations

  1. If your stateroom onboard the cruise line is under a Guarantee Basis (GTY), this means your stateroom number will be allocated at the discretion of the cruise line either close to the date of the sailing or on the day itself. You will be guaranteed a minimum standard of cabin (indicated by the cabin grade booked). We are not able to accept any special requests regarding the position of the cabin, cabin facilities or bed configuration. If you are travelling with others, there is no guarantee that cabins will be located close together or will be of the same grade.

  2. Please be aware that whilst we have taken all steps to price this package using the most up-to-date airfares we are only able to determine the actual airfare once flights become available in the system. This is generally 10 months prior to date of travel. As airline timetables, airfares and taxes are subject to change (without notice) we wish to advise you in advance that any variance in cost will be added to your invoice.

  3. Your accommodation is on request until deposit is received. Although we have special contracted nightly rates with selected hotels, we are not holding any room allocation unless you are booking one of our specialty cruise tours. If the selected hotel is unavailable we will offer an alternate option of similar grade. Any variance in cost will be added to your invoice.

  4. Airlines and cruise lines reserve the right to change flight or cruise schedules which have already been confirmed with or without notice, including but not limited to aircraft and routing changes, flight class downgrades and changes to pre-selected seats. ecruising.travel cannot be held responsible for any involuntary changes outside of our control.

Travel Requirements

  1. NEW: We highly recommend all guests read and monitor updates to Australia’s immigration and border arrangements during the COVID-19 (Coronavirus) pandemic here

  2. A valid passport is required for all international travel. It is your responsibility to ensure your passport is valid for at least six months from the date you intend to return to Australia and that names on all travel arrangements booked with ecruising.travel match your passport.

  3. Visa and other entry and exit conditions (such as currency, customs and quarantine regulations) can change at short or without notice. It is important that you are fully aware of these requirements for all countries you intend to visit prior to your departure. You can seek assistance online here

  4. It is your responsibility to check if any travel advisories have been listed for all countries you plan to visit. You can visit Smartraveller, provided by the Australian Department of Foreign Affairs and Trade online here

  5. ecruising.travel is not an authorised medical advisor. It is your responsibility to contact your local GP with regards to advice on all your immunisation needs for travel, or you may also contact Travelvax on 1300 360 164 (within Australia). You can visit Smartraveller, provided by the Australian Department of Foreign Affairs and Trade online here

  6. It is your responsibility to advise ecruising.travel on any medical conditions, mobility issues, dietary restrictions prior to deposit payment.

Travel Documents

We provide complimentary electronic travel documents to all guests approximately 14 days prior to departure date and once the reservation is finalised and paid in full. You will receive an email notification when your documents are uploaded to ‘My Bookings’ with instructions as to how you can access your travel documentation.

If you choose to receive your documentation by mail, they will be printed and sent to the address you have provided at the time of booking. ecruising.travel will charge a flat $10.00 postage fee per booking per copy.

Travel Insurance

  1. Cruises aren’t automatically included in all travel insurance policies. If you’re leaving Australia or cruising domestically, travel insurance is just as essential as your passport. By taking out travel insurance at the time of paying your deposit, you may have cover for unforeseen circumstances that may prevent you from travelling.

  2. Ecruising Pty Ltd may charge you a direct fee of $150 for administrative services to handle claims directly with your insurer. You can lodge a claim directly with the insurer (at no cost). Refer to your policy documentation for further details.

Changes to these Terms and Conditions

ecruising.travel has the authority and the right to at any time it sees fit to change or modify all or any part of these terms and conditions.

Liability

We cannot accept responsibility for any travel service, rules and conditions that are incorrectly represented within this system. The data and services shown are provided in good faith and ‘as is’. We do not warrant the accuracy, completeness, or fitness for a particular purpose of any data or services provided and to the maximum extent permitted by any law disclaimer all implied warranties in connection with such data or services. In no event shall we be liable for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any display within this site.

Disclaimer

ecruising.travel will take all steps necessary to ensure your travel arrangements are satisfactory. ecruising.travel is not liable for the acts, omissions or default weather negligent or otherwise, of any service provider as part of your booking, pursuant to a contract between the supplier and travelling passenger (which may be in writing by the issue of a ticket or document for travel passage) and over whom we have no direct or exclusive control. ecruising.travel does not accept liability in written or verbal contract or in tort (actionable wrong) for any injury, damage, loss, delay, additional expenses or inconvenience, caused directly or indirectly by any events which are beyond our control. ecruising.travel has the authority and the right to change or modify all or any part of these terms and conditions at any time it sees fit.

eCruising Temporary Cancellation Policy

EFFECTIVE 8 APRIL 2020

As the situation with COVID-19 continues to evolve, we fully understand the heightened travel concerns that follow, and we will continue to work with our affected guests.

Due to continued global public health circumstances, all cruiselines are having to make difficult decisions to continually suspend their voyages and we are doing all that we can to be as flexible as possible as the current situation evolves.

As of 8 April 2020, we have introduced a new ecruising.travel credit programme to help our guests that have been affected by these cancelled voyages. In replace of our standard fee of up to $250 per guest or up to 20% per booking, the newly reduced fees will be held as a credit in which guests will be able to reuse with ecruising.travel for future cruise travel bookings. Please note, your booking may include other travel services by various suppliers and each supplier will have their own terms and conditions and may incur additional fees.

The amounts will vary depending on whether you have booked just a cruise component or a packaged cruise holiday with us directly. Guests can apply these credits to any future cruise booking with ecruising.travel on or before 31 December 2021.

Don’t cancel your holiday, just postpone it. We will come through this stronger than ever!

New Fees on affected voyages as of 8 April 2020

Typeecruising.travel Credit
All cruise only bookings$75.00 per guest
All packaged cruise holidays$150.00 per guest

Consequently, we are not making any exception to our standard cancellation policies found here for those who choose to cancel their cruise booking which has not been officially cancelled by the cruiseline.

We understand the complexity of this issue and trust you appreciate the need to be fair and equitable. Your continued support during this uncertain time is greatly appreciated and it truly shows how loyal and understanding everyone has been during these tough times.

FAQS

Q. What are you doing to help guests?
A.  Our team are working tirelessly to keep up with all the rearrangements that’s currently in place by reaching out to guests directly.

Q. Why is my refund taking so long?
A. We’ve been advised by our suppliers some processes could take up to 90 days and that’s also our current process time.

Q. I’d like to cancel my future booking now
A. If your cruise has not been cancelled our standard terms and conditions will apply, which can be found here

Q. Can I use my ecruising.travel credit for the deposit on my new booking?
A. No. Deposit requirements will differ depending on your selected voyage or cruise package. The guest will be responsible for paying the new deposit using one of our secured payment methods.

Q. Will ecruising.travel honour the same promotions or value adds from my cancelled voyage?
A. At time of cancellation, all promotional offers, amenities, and value adds are removed and will not carry-over to the new reservations. New reservations are subject to current fares and offers in place by the cruiseline. Our team will provide you with the best price on the day of the enquiry.

Q. If I rebook a new cruise using my ecruising.travel and then cancel, what happens?
A. Standard cancellation penalties apply which can be found here

Q. Can I use my ecruising.travel on a flight or hotel?
A. No. As we are a cruise specialist the credits must be used again on a cruise only or, packaged cruise holiday.

Q. Do standard Final Payment timelines still apply
A. Yes, full payment is still required by your final payment date which will be stated on your invoice.

Q. Do the ecruising.travel credits expire?
A. Yes. All guests need to use their ecruising.travel credit by 31 December 2021, but travel can be for a later date.

Q. How do I get further information?
A. Call us during business hours on 1300 369 848 or email support@ecruising.travel

Terms and Conditions

  • ecruising.travel credits are only offered to guests affected by voyages that are officially cancelled by their cruiselines
  • ecruising.travel credits must be used with ecruising.travel on a cruise holiday or a packaged cruise holiday.
  • ecruising.travel credits are non-refundable, valid for one-time use, non-transferrable and must be used by 31 December 2021

Changes to these Terms and Conditions

    ecruising.travel has the authority and the right to at any time it sees fit to change or modify all or any part of these terms and conditions

Entertainment Membership Terms and Conditions

1. Program Overview

Entertainment (“Program”) is a membership program which is operated by Entertainment Publications of Australia Pty. Ltd ABN 85 065 011 903 (“Entertainment Publications”). By enrolling and participating in the Program, you agree that you have read and understood these Terms and Conditions and are bound by them. You consent to Entertainment Publications collecting, using and disclosure of your personal information in accordance with the separate Entertainment Privacy Policy.

 

Entertainment Digital Memberships (‘Memberships’) are sold primarily by community and fundraising groups, with 20% of the Membership purchase price retained by the organisation. Memberships can be purchased online via the fundraising organisation’s online order page.

The barter, trade, sale, purchase, publishing or transfer of Memberships or any of its Entertainment Offers, Merchant Redemption Codes, or Free Trials, by any person or entity, including but not limited to travel servicers, travel providers, and printers, third party websites, publishers, and distributors of the Digital Membership or any of its Vouchers, is strictly prohibited, unless expressly authorised by Entertainment Publications. All Entertainment Offers are subject to the Entertainment Rules of Use.

The Entertainment Return policy and guarantee – if for any reason you are not satisfied with your Entertainment Membership, you may within 30 days of purchase contact our office for a full refund. A proof of purchase is required.

Secure Payments for additional Entertainment Memberships and Member-only offers available on the website can be made securely with a credit card at www.entertainment.com.au or entertainmentnz.com. The charge will appear on your credit card statement as “Entertainment Publications”.

All costs quoted on www.entertainment.com.au are in Australian dollars and are inclusive of GST. All costs quoted on www.entertainmentnz.com are in New Zealand dollars and are inclusive of VAT.

All Entertainment products, customised products, as well as the partners who provide offers on this Site, are subject to availability. Entertainment takes no responsibility for any products, services, or promotions that are discounted, sold out or temporarily unavailable.

These Terms and Conditions are governed by and will be construed in accordance with the laws of Australia.

2. Defined Terms

Activation Date: The commencement date for an Entertainment membership, triggered by the activation of a purchased Activation Code.

Activation Code: A code which is provided to a customer when they purchase an Entertainment product. The code must be activated to commence the Membership.

Entertainment/Program: The membership program which is operated by Entertainment Publications and provides Offers to its members.

Member, Members or Membership: A person who holds a current and active Entertainment membership.

Participating Merchants: A partner merchant that participates in the Entertainment Program and honours the associated Offers.

Purchase Date: The date of purchase of an Entertainment Product, where the customer is provided with an Activation Code.

Offer: Those features of the program that provide members with access to discounts on dining, travel, shopping and other categories. Offers may change from time to time without notice.

Other Offers: Other promotions and special Offers which may be offered to you from time to time.

3. Joining Entertainment

Customers can join the Entertainment program by purchasing an Entertainment product and activating it online at entertainment.com.au or entertainmentnz.com. The Membership Activation Code must be activated within the 90 days grace period. If activated within 90 days, the Membership will expire 12 months from the Activation Date. If not activated within 90 days, a 12 month Membership will expire 15 months from the purchase date. A 24 month Membership will expire 27 months from the purchase date, if not activated within 90 days.

Customers can view the full range of Entertainment products online. Products and pricing are subject to change from time to time.

4. Participation in the Program

Entertainment Offers can be accessed via the Entertainment App and website and redeemed at Participating Merchants. Entertainment Offers are not transferable, not redeemable for cash and are non-refundable.

Entertainment Memberships are valid for 12 months (or 2 years) and must be renewed annually (or biennial), with payment of the applicable annual (or biennial) fee. Membership can be revoked by Entertainment Publications at any time, in its sole discretion and without compensation, for any reason including but not limited to: abuse or breach of any of the Terms and Conditions of the Program, any actions deemed by Entertainment Publications to be contrary to Entertainment Publications, the Program or the interests of its Members or partners or in the case of fraud or misuse.

Entertainment Publications assumes no liability whatsoever, including without limitation, liability for any expense, loss, cost, injury, damage, accident or any other matter or thing whatsoever, however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising out of or related to the Program or by reason of the termination of or amendment to the Program in whole or in part, the value or availability of Offers, or the addition or deletion of Offers, Participating Merchants or other features with or without notice.

Neither Entertainment Publications nor its respective officers, agents, employees and related bodies corporate shall be responsible for any failure of the entertainment.com.au or entertainmentnz.com website or Entertainment app for any problems or technical malfunction of a telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any e-mail, online or Internet entry, technical problems, traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any computer or property related to or resulting from participating in or downloading any material relating to the Program. Entertainment reserves the right, at its sole discretion, to cancel or suspend this Program should a virus, bug or any other cause beyond the reasonable control of Entertainment corrupt the security or proper administration of the Program.


Any attempt to deliberately damage any website or app or to undermine the legitimate operation of the Program is a violation of criminal and civil laws and should such an attempt be made, Entertainment Publications reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.

5. Renewing Membership

At the completion of the membership period, Members will be invited to pay for a new membership period. Members who do not pay their renewal fee by the due date will not be able to access Offers.

6. Marketing, Promotions and Personal Information

By enrolling in the Program, Members will be automatically enrolled into and consent to, receiving marketing communications.


It is the responsibility of the member to set their own communication preferences by logging into their account and selecting what they wish to receive and not receive or by selecting to opt-out of receiving email communications by selecting unsubscribe on the email footers. Members are responsible for keeping the information in their account up to date including by not limited to their name, e-mail address, mobile phone number and date of birth.

7. Membership Offers

Offers are only available at Participating Merchants and vary between region. Offers are for personal use only, and cannot be assigned, traded or otherwise transferred in accordance with the Terms and Conditions of the Program. Any assignment or transfer in violation of these rules will be void, and may, at the sole discretion of Entertainment Publications, result in the loss of Membership.

All promotions exclude Entertainment Merchant Waitstaff offers and Corporate Partner offers.

8. Competitions

Entertainment may also from time to time make available to Members promotions and competitions (collectively, “Competitions”). Where applicable, Members may enter Competitions by meeting the entry criteria specified on each Competition. We may publish names of winners of Competition prizes.

Each Competition will be subject to any individual terms and conditions specified on the Website. However, some of the standard terms and conditions are as follows:

  • Awards and prizes must be taken intact as offered and are not transferable, exchangeable or redeemable for cash;
  • If a person otherwise entitled to an award or prize is under the age 18, we reserve the right to instead give the award or prize to that person’s parent or guardian;
  • If an award or prize is unavailable for any reason, we reserve the right to substitute an award or prize of equal or greater value;

Entertainment Publications’ decision on all matters relating to a Competition will be final and not subject to challenge or review. Offers may not be redeemed in conjunction with any other promotional offers including, but not limited to, promotional discounted ticket offers. Neither Entertainment nor our officers, agents, employees and related bodies corporate make any representation or warranty as to the quality, suitability or merchantability of any goods or services offered or given as awards or prizes.

9. Privacy

We may disclose to third parties aggregate anonymous statistics regarding our customers, sales, traffic analyses and other information regarding or collected through our websites and printed forms. Other than in this anonymous form, we will not disclose your personal information without first obtaining your permission except as follows:

  • We may disclose personal information if required by law or legal process.
  • We may disclose your personal information to third parties providing, or assisting us in providing, all information communication technology, website or app development and production functions, website or app analytics, services requested by you and for billing purposes.
  • We may disclose your personal information to the fundraiser that sold you your Entertainment Book so that the fundraiser may notify you when next year’s edition is available.
  • We may disclose your personal information provided voluntarily as part of the restaurant appraisal process to the restaurant you appraised, so that the restaurant can provide you with information that it thinks you may be interested in about that restaurant 
  • Entertainment Publications may disclose personal information to an overseas recipient if you are informed and provide consent to the disclosure to the overseas recipient, either through agreement to Entertainments Terms and Conditions and to this Privacy Policy, or through direct notification at a later date; or if it is reasonable to assume that such a disclosure is required under the terms of your purchase; or the disclosure is required or authorised by an Australian court or tribunal or under Australian law. If we send personal information overseas, Entertainment will take reasonable and practicable steps to ensure that the overseas recipient handles such information in accordance with the Privacy Act.

10. Termination, Changes and Breach

Entertainment may change these Terms and Conditions, any aspect of the Program including redemption procedures or any Offers in any respect, all without notice and even though changes may affect the value of Entertainment Memberships already purchased.

11. General

These Terms and Conditions constitute the entire agreement between you and Entertainment Publications regarding your participation in the Program, your entitlement to redeem Offers of the Program and supersede all previous versions. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise. When you deal with Entertainment Publications or its respective officers, agents, employees and related bodies corporate over the Internet, you consent to the formation of contractual relations through electronic communications. Entertainment Publications has the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Program.

12. Changes to these Terms and Conditions

Entertainment Publications reserve the right to change, suspend or terminate these Terms and Conditions at any time. Where Entertainment Publications changes these Terms and Conditions, or any Offers under the Program, an updated copy of these Terms and Conditions will be available on the Entertainment website. Members should regularly check for updates to the Terms and Conditions.

13. Rules of Use for your Entertainment Membership

Please note: For all dining offers it is optional for participating businesses to accept your Entertainment Membership on all official Australian and New Zealand Public Holidays, Mother’s Day, Father’s Day and Valentine’s Day.

13.1. Entertainment Membership

Your Entertainment Membership needs to be activated on the Entertainment website. Once activated, simply show your phone with the ‘Redeem’ screen to the relevant participating business. Your membership is not transferable.

13.2. Redeeming Offers

With the Digital Entertainment Membership, simply present the relevant digital app voucher for the participating business at the time you request your bill or make your purchase to redeem the offer. Carefully read the terms of each offer before using. Offers apply only to the items and terms specified.

13.3. Not valid with other third-party offers

Entertainment offers are exclusive and may not be combined with other third-party discount programs.

13.4. Dining Section Offers

It is not necessary to identify yourself as an Entertainment Member when making your booking or arriving at the restaurant. Present your phone with the “Redeem” screen visible at the time you request your bill to redeem the offer. You may use each offer once at each restaurant listed in this section. The restaurant’s offer will then appear as “Redeemed” after it has been used.

13.5. Valid anytime & Excluded Days

Entertainment’s dining offers are valid at all times throughout the year, except for a few days known as Optional Days. These days include:

• All Official Australian Public Holidays

• All Official New Zealand Public Holidays

• Good Friday

• Valentines Day

• Mother’s Day

• Father’s Day

All other Entertainment Offers are Valid at all times.

13.6. Main course offers

The restaurant will deduct the price of the least expensive main course(s), up to the maximum value stated on the offer. Please note the following:

• If two main courses are not ordered, the least expensive item(s) ordered as a main course will be deducted.

• When more than two people are dining together, or if multiple Memberships are used, the least expensive main course(s) of the party is / are the one(s) deducted.

• When adults and children dine together and two or more adult-priced main courses are purchased, the least expensive adult main course is complimentary. If only one adult-priced main course is purchased, then the value of the child’s meal is deducted.

13.7. 25% off dining offers

When dining at a restaurant where the offer is “25% off the total bill”, the restaurant will deduct 25% off the total bill for the table, up to the maximum value indicated on the offer. If multiple Memberships are used, the deduction is still 25% off the total bill, up to the maximum combined value of the Memberships.

13.8. Restaurant ‘specials’

If the restaurant is running a breakfast, lunch or dinner special/set menu, their offer is still valid. If it incorporates more than one course, the value of the main course portion, or 25% off will be deducted from the bill.

13.9. Dining in groups

When more than two people dine together, these rules apply:

• One bill for the party – no separate bills

• No more than three Entertainment Digital Memberships per party

• Number of diners 2, number of Memberships 1

• Number of diners 3, number of Memberships 1

• Number of diners 4, number of Memberships 2

• Number of diners 5, number of Memberships 2

• Number of diners 6 or more, number of Memberships 3

13.10. Solo dining

Some restaurants include a solo dining option clearly marked on the offer. These are valid only when dining alone and may not be used when solo diners join other people at a table.

13.11. Dine-in only

Restaurant offers in the Fine and Contemporary Dining, Café and Bistro Dining, and Casual Restaurant and Family Dining categories are valid for dine-in only, unless otherwise stated.

13.12. Informal Dining and Takeaway offers

Unless otherwise noted, offers in the Informal Dining and Takeaway category may be used for both takeaway and dine-in (not for delivery unless otherwise stated).

13.13. Movie offers

If a movie offer states “no free list” the cinema may be obligated by studio contracts to exclude certain movies. To check, call the cinema or check their website.

13.14. Arts, Sports, Attractions, Retail and Local Services offers

Please read each offer for terms and conditions. When using these offers with accompanying children, if two or more adult admissions are purchased, the least expensive adult admission is complimentary, unless otherwise stated.

13.15. Shopping, Travel and Leisure

Please refer to the specific terms and conditions for each offer. For the most up to date information about these offers and products, visit our Shopping or Travel  sections.

13.16. Hotel and Resort Accommodation

Your Entertainment Membership is valid for up to 50% off at over 1,800 leading hotels and resorts. Properties featured in this section may have specific terms and conditions on their page. Please refer to each offer for details and the Hotel Program Rules of Use.

Any changes or updates to these ‘Rules of Use’ can be found at www.my-bookings.com.au.

The barter, trade, sale, purchase, or transfer of this Membership or any of its Entertainment Offers, Merchant Redemption Codes, Free Trials, or any other content, by any person or entity, including but not limited to travel services, travel providers, and printers, third party websites, publishers, and distributors of the Membership or any of its Offers, is strictly prohibited, unless expressly authorised by Entertainment Publications Ltd. All Entertainment Offers are subject to the Entertainment Rules of Use. Entertainment Publications Ltd. reserves the right to make changes to the Participants and their Offers at its sole discretion.

This Membership and its Offers are intended for the non-profit use of the individual purchaser of this Membership. Additionally, the use of this Membership and its Offers for advertising purposes, in any form or fashion, is strictly prohibited. Any use of Offers in violation of these Rules will render the Offer VOID, and violators will be prosecuted. Offers may not be reproduced and are void where prohibited, taxed, or restricted by law. Entertainment Publications Limited and Entertainment Publications of Australia Pty Ltd, will not be responsible if any establishment breaches its contract or refuses to accept Offers; we will however, use our best efforts to secure compliance. Entertainment Publications of Australia Pty Ltd and Entertainment Limited, will not be responsible in the event of Acts of God, fire, casualties, strike or other events beyond its control.

14. Entertainment Membership Terms and conditions

The Entertainment Return policy and guarantee – if for any reason you are not satisfied with your Entertainment Membership, you may within 30 days of purchase contact our office for a full refund. Proof of purchase is required. If your Entertainment Membership was purchased during a promotional campaign period, refunds are bound to the specific terms and conditions of that promotion period. Please click here to view active competition and promotion Terms and conditions.

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