THE RESORT CLUB – TERMS AND CONDITIONS

 

These terms and conditions (Terms) set out the terms under which you or the company which you represent (the Client, you or yours) make travel bookings with and receive other services from The Resort Club ABN 51 117 369 874 (Company, we, us or our). These Terms apply to bookings your make with us on the phone, via email or on our website located at www.theresortclub.com.au (Website).

You will be taken to have accepted these Terms if you agree to these terms and conditions or otherwise indicate your assent, or if you make a booking with Company after receiving or becoming aware of these terms.

These terms were last updated on 20 September 2021.

  1. BOOKING
    • These terms will apply to all the Client’s dealings with Company, including being incorporated in all agreements, phone bookings, quotations or orders under which The Resort Club is to provide services to the Client (each a Booking) together with any additional terms included in such Booking (provided such additional terms are recorded in writing).
    • After making a Booking over the phone we will provide you with a subsequent email which sets out the Booking details including the location of your accommodation, address, phone number, booking number, booking dates, check-in and check-out times, total cost, amount paid and the remaining balance due (Booking Email).
    • In the event of any inconsistency between these terms and conditions and any Booking the clauses of these terms and conditions will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms set out and described as such in a Booking) will prevail over the other terms of this agreement to the extent of any inconsistency.
  2. SERVICES & SAVINGS
    • In order to make a Booking you are required to make an up-front payment of $495 (Service Fee) which entitles you to:
        • access to exclusive last minute accommodation rates;
        • personalised accommodation stays at discounted rates;
        • access to The Resort Club Reservation Experts who advise on, research and make Bookings on your behalf; and
        • unlimited access to wholesale accommodation rates for 30 days.
        • As a bonus you will receive complimentary discount vouchers for any future bookings, with up to $2,000 accumulated from any savings The Resort Club can secure on your behalf when they make Bookings for you (“Savings”). Such Savings are retained and held by the Company and not by any third party payment provider.
    • Savings vouchers are valid for the duration of 12-months and we maintain full discretion to roll any Savings over into a new purchases but are not required to do so.
    • Savings must be applied together with cash towards a Booking and cannot be used to make payment for a Booking in its entirety.
    • The Resort Club is not liable for any unused Savings and any existing Savings cannot be used for anything other than making Bookings with us and will never be credited back to you in the form of cash or any other entitlement at any point.
    • The Resort Club will refund Service Fees due to change of mind or any other circumstances within 30 days of purchase however we retain full discretion as to whether such refund shall be on a pro-rata basis taking into account the length of time and any other benefits that have been afforded to you under the service prior to cancellation. Travel packs included in the purchase price must be returned in the same unused condition before refund can be processed.
  3. ELIGIBILITY
    • By making a Booking or purchasing a Service you represent and confirm that you have the legal capacity and are of sufficient age to enter into a binding contract with us.
    • If you are making a booking on behalf of another individual, company or organisation you warrant that you have the necessary authority from that individual, company or organisation to do so.
  4. AGENCY AND THIRD-PARTY TERMS
    • The Resort Club sell various travel related products as agent for and on behalf of third-party accommodation companies (Accommodations). The Accommodations include but are not limited to hotels, motels and resorts.
    • The services we provide to you are collateral to our agency relationship with the Accommodations. Our obligation to you is to (and you expressly authorise us to) make bookings on your behalf and to arrange relevant contracts between you and the Accommodations.
    • You acknowledge that Accommodations may change or withdraw their prices without notice prior to you purchasing the relevant goods and/or services from them.
    • You acknowledge and agree that we do not provide travel services ourselves and that the terms and conditions of the Accommodations (including cancellation and no-refund policies) will apply to all bookings you make through us.
    • Where you are entitled to a refund from an Accommodation, we will use our best endeavours to return funds to you as soon as possible however we may not be able to refund you, until we have received such funds from the relevant Accommodation, which may take in excess of eight weeks.
    • We will not be liable for any loss or damage suffered by you in connection with the Accommodation terms, including where any information provided by the Accommodation is incomplete or inaccurate. If, for any reason (excluding fault on our part), any Accommodation is unable to provide the services for which you have contracted, your rights are against that provider and not against us.
    • You acknowledge and agree that if you wish to cancel a booking, then in addition to our change or cancellation fees, as set out in clause 8, Accommodation change and cancellation fees, which can be up to 100% of the cost of the booking, will also apply. If we have to cover any of your Accommodation change and cancellation fees, you agree to indemnify us for the amounts of those fees.
    • We will provide you with PDF copies or URL links to the relevant Accommodations terms and conditions at the time of booking.
  5. FEES, PAYMENTS AND TAXES
    1. FEES AND CONSEQUENCES OF LATE PAYMENT
      • You must pay fees to us in the amounts and at the times set out in the Booking and Booking Email.
      • You acknowledge and agree that unless you comply with clause 1(a), you may lose your booking, including any deposits already paid, and/or your booking may be subject to price increases and additional costs.
    2. DEPOSITS AND BOOKINGS
      • You must pay the deposit specified in the Booking and Booking Email. All deposits are non-refundable for change of mind or cancellation (without limiting any protections the Client has under the Australian Consumer Law).
      • You acknowledge and agree that:
        1. all bookings are not confirmed, until we have explicitly sent you a written confirmation and until you have made the payments specified in your Booking; and
        2. You’ll be advised at the time of booking if payment is required significantly in advance of departure and such payment will be required to be paid by the date and time necessary to secure the booking
  6. INVOICES
    Unless otherwise agreed:

    • if Company issues an invoice to you, payment must be made by the time(s) specified on such invoice; and
    • in all other circumstances, you must pay for all goods and services within 2 weeks of receiving an invoice for amounts payable.
  7. PAYMENT METHOD
  8. You can pay the fees via a credit card, direct debit, Electronic Funds Transfer and/or Stripe.
  9. CARD SURCHARGES
    We reserve the right to charge credit card surcharges, of which you will be advised at time of booking, in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express).
  10. ONLINE PAYMENT PARTNER
    We may use a third-party payment provider, currently Stripe (Payment Provider) to collect payments. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of Stripe (https://stripe.com/en-au/legal) we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
  11. GST
    Unless otherwise indicated, amounts stated in a Booking are inclusive of all taxes, included GST.
  • CLIENT OBLIGATIONS
    1. INSURANCE
      • You acknowledge that travel insurance is a mandatory element of some travel arrangements.
      • It is solely your responsibility to obtain any insurance that will cover your travels.
      • We strongly encourage you to take out adequate travel insurance to cover you for any cancellations, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability.
      • We may provide you with travel insurance quotes from third party insurance providers (Insurance Companies). In such cases:
        • we will receive financial and non-financial benefits from the Insurance Companies, if you purchase their products through us;
        • any information we provide about the Insurance Companies’ products is of general nature only and should not be relied on you as personal insurance advice or other professional advice;
        • we will not be a party to any contract between you and an Insurance Company and your remedies in relation to any insurance products you purchase from an Insurance Company, will be against the Insurance Company and not us; and
        • you must read any applicable Product Disclosure Statements and Financial Service Guides provided by the Insurance Companies in relation to their products prior to purchasing such products.
      • If you do not obtain insurance through us and you request assistance from us in relation to such insurance, additional fees will apply.
    2. HEALTH
      • You acknowledge and agree that:
        • it is entirely your responsibility to meet any health requirements and recommendations associated with your travel destination;
        • you might be denied entry to some states, territories or venues if you do not present certain health-related documentation (such as proof of vaccinations).
    3. TRAVEL DOCUMENTS
      • Travel documents are issued by Accommodations to confirm your travel arrangements with them and entitle you to the service they contracted to provide to you. Such documents include but are not limited to the following: hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) (Travel Documents).
      • Travel Documents are subject to the Accommodations terms and conditions, such as change or cancellation fees and non-refund policies. It is your responsibility to check the terms and conditions applicable to your Travel Documents.
      • You acknowledge and agree that:
        • Travel Documents must be issued in the name of the passport or other identity documentation holder;
        • Travel Documents cannot be transferred to another person for use;
        • you must provide correct name and other Travel Document information (as requested by us or an Accommodation) at the time of booking, as otherwise you may be unable to use your Travel Document or your booking might be cancelled;
        • you must review your Travel Documents upon receipt and notify us immediately, if you discover any errors in the destinations, names, dates or timing; and
        • you must print out any Travel Documents in electronic form and retain them until you arrive at your destination.
  • PRICING
    • The price of a service is that quoted to you by one of our consultants at the time of your Booking and stated in the Booking Email.
    • You acknowledge and agree that:
      • the prices are set by Accommodations and subject to availability, and changes based on factors such as currency fluctuations, fuel price variations, tax and airfare increases;
      • we may vary or withdraw a price at any time without prior notice to you;
      • prices quoted are based on the information which you submit to us, and we may vary the prices, if that information is incorrect; and
      • the price we quote to you is only guaranteed once you pay for a booking in full and we confirm your booking and the price in writing.
    • In the event that we discover an error or inaccuracy in the price at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
  • CHANGES AND CANCELLATION FEES CHARGED BY COMPANY
      • You must request any changes or cancellations directly with us.
      • You must pay us any additional fees for changes to bookings requested by you in the relevant Booking, including but not limited to changes of names, dates or destinations (Changes) or for cancellations of any services in a Booking (Cancellations).
      • Changes and Cancellations may be charged on a time and materials basis, at Company’s and will vary based on the details of your Booking.
      • Accommodations may impose additional fees in relation to any Changes or Cancellations.
  • REFUNDS
    Where a Booking was made directly through us and you are entitled to a refund from the Accommodation we will assist you in the recovery process of your refund. We will not credit the refund back to you, until we have received it from the relevant Accommodation, which may take in excess of eight weeks. We reserve the right to deduct any fees due to us from the relevant refund prior to crediting it back to you. We will credit any amount due to you as a refund back to your original method of payment.
  • PRIVACY POLICY
    The information we collect from you will be stored, used and disclosed in accordance with our Privacy Policy, which may be found https://theresortclub.com.au/privacy. You agree to be bound by the terms of our Privacy Policy.
  • WARRANTIES
    • To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this agreement or a Booking are excluded.
    • Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
  • LIMITATION OF LIABILITY
    • (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of the Company to the Client in respect of loss or damage sustained by the Client under or in connection with this agreement is limited to the total Fees paid to the Company by the Client in the 1 month preceding the first event giving rise to the relevant liability.
    • (Indemnity) The Client agrees at all times to indemnify and hold harmless the Company and its officers, employees, agents and contractors (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the Client or the Client’s officers’, employees’, agents’ or contractors’:
      • breach of any term of this agreement; or
      • negligent, fraudulent or criminal act or omission.
    • (Consequential loss) The Company will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by the Company, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.
  • NOTICES
    • A notice or other communication to a party under this agreement must be:
      • in writing and in English; and
      • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
    • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
      • 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
      • when replied to by the other party, whichever is earlier.
  • DISPUTE RESOLUTION
    • A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
    • A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
    • Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith.
    • If the dispute is not resolved within a period of 14 days after the date of the notice, a party may by notice to the other party or parties to the dispute refer the dispute for mediation by the Australian Disputes Centre (the ADC) in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to the ADC (Guidelines). The terms of the Guidelines are hereby deemed incorporated into this agreement.
    • If the dispute is not resolved within 28 days after the appointment of the mediator any party may take legal proceedings to resolve the dispute.
  • GENERAL
      1. GOVERNING LAW AND JURISDICTION
        This agreement is governed by the law applying in Queensland, Australia Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
      2. AMENDMENTS

    We may amend these terms and conditions from time to time. Your continued use of this website and the Company’s services constitutes your agreement to these Terms and Conditions and any modifications to them. When you use the Website and Company services, you agree to comply with all our terms and conditions, including these Terms.

    1. WAIVER
      No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
    2. SEVERANCE
      Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
    3. JOINT AND SEVERAL LIABILITY
      An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
    4. ASSIGNMENT
      A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
    5. COUNTERPARTS
      This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.
    6. COSTS
      Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
    7. ENTIRE AGREEMENT
      This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
    8. INTERPRETATION
      • (singular and plural) words in the singular includes the plural (and vice versa);
      • (gender) words indicating a gender includes the corresponding words of any other gender;
      • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
      • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
      • (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
      • (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
      • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      • (includes) the word “includes” and similar words in any form is not a word of limitation;
      • (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
      • (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.