Terms and Conditions

Discover365 is facilitated through 'Our Vacation Centre' Pty Ltd, ABN# 54 105 542 176

1. INTRODUCTION

1.1. This web site is owned by Discover365 and below are our Terms and Conditions

1.2. References to "us", "we" "our" shall mean Discover365.

1.3. References to “you”, “client”, “passenger”, and “member” shall mean an authorised participant in the “Discover365” program.

1.4. References to “supplier”, “wholesaler”, “provider” shall mean a supplier of cruise, travel and lifestyle products.

1.5. References to “booking channel”, “booking facilitator” shall mean a supplier of cruise, travel and lifestyle products.

1.6. When booking cruise, travel, or lifestyle products with Discover365 you acknowledge and accept to abide by these terms and conditions and those applying to the cruise, travel and lifestyle product supplier with who you have contracted to by that booking.

1.7. We advise you to review the supplier’s Terms and Conditions and any relevant Product Disclosure Statements carefully before confirming your booking.

1.8. 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.

1.9. For future orders, our terms may change and we recommend you read them carefully and agree to them each time during the booking process.

1.10. These terms and conditions were last updated on 01/05/2017.

2. DISCOVERY DOLLARS

2.1 A selection of Discover365 products and transactions will enable the account holder to earn or redeem Discovery Dollars. Products with an earn or redeem option will be clearly marked on the website.

2.2 Where an earn option is available the reward value shall be dependant on the product or transaction type. These values will be displayed online.

2.3 Discover365 members can access their Discover365 account balance online by logging into their account.

2.4 Any earn activity shall be reflected in each members account within 30 days of booking. This may show as a pending transaction as Discovery Dollars earned will not be available for spend on other products until 30 days after the departure/completion date of the product where the Discovery Dollars earned derived from.

2.5 Any redemption activity shall be reflected in each members account within 2 business days of the booking/purchase. If additional bookings/purchases are made during this 2 day period (prior to the members account being adjusted) where Discovery Dollars are used towards the cost, and where insufficient Discovery Dollars are available, the difference in cost shall be borne by the member or the purchase cancelled.

2.6 Redemption of Discovery Dollars shall be managed on a “first in first out” basis whereby the Discovery Dollars with the earliest expiry date shall be redeemed first.

2.7 Where an “earn” and “redeem” combination is available the earn value shall be calculated on the purchase price less any Discovery Dollars used towards the purchase.

2.8 The maximum amount of Discovery Dollars available for spend on each product is determined by the category of holiday or lifestyle product selected, and shall be displayed on the website within each specific search result, which is determined by the search criteria entered, or advised by a Discover365 Consultant.

2.9 Where additional Discovery Dollars can be purchased to “top up” to the maximum amount of Discovery Dollars accepted on each particular product, the exchange rate/value for these additional Discovery Dollars may change from time to time and will be made available at time of booking only.

2.10 Discover365 does not guarantee availability on any specific cruise, travel or lifestyle product, or other product in conjunction with Discovery Dollars.

2.11 Confirmation of your holiday is subject to availability.

2.12 Cancellation of a confirmed cruise, travel or lifestyle product will be subject to the cancellation penalties and conditions of the supplier or partner concerned.

2.13 Discovery Dollars used (redeemed) towards the cost of a Discover365 product shall be forfeited in the event of cancelation at any stage after a booking or purchase.

2.14 Discover365 or its agents bear no responsibility in regard to any penalties, which are the full responsibility of the Discover365 member.

2.15 Terms and Conditions or offers made with these Discovery Dollars are subject to revision and may change without prior notice.

2.16 This offer may not be sold by the redeemer. Discovery Dollars have no resale value and cannot be redeemed for cash.

2.17 Discovery Dollars will expire 12 months from date of issue. Date of issue shall be determined by the date for which the Discovery Dollars become available for use.

2.18 This offer is void where prohibited by law.

2.19 The maximum amount of Discovery Dollars available for redemption towards a wine voucher is $100 per transaction.

2.20 The $100 Laithwaites Wine People voucher must be redeemed within 30 days of activation. Laithwaites Wine People’s full terms & conditions can be viewed here.

2.21 Discover365 does not guarantee availability on any specific wine case displayed

3. PRIVACY

3.1. We are committed to protecting your personal information and agree to handle your personal information in accordance with our Privacy Policy, which can be viewed at http://www.ourvacationcentre.net/privacy.

3.2 By providing personal information to us, you agree to our Privacy Policy and give your consent to us for the collecting, using and disclosing of your personal information as detailed in our Privacy Policy.

3.3. In particular, you agree that in certain circumstances (such as where you request us to book international travel for you), we are permitted to disclose your personal information to overseas recipients such as overseas travel service providers (e.g. accommodation or tour providers) and our overseas related entities.

3.4. Where we disclose your personal information to an overseas recipient, you agree that we will not be required to ensure the recipient’s compliance with Australian privacy laws or otherwise accountable for how the recipient handles your personal information.

3.5. Your personal information has been provided either directly to us or via a third party Discover365 Partner. In providing your personal information to us either way, you agree to us contacting you either by phone, SMS or email, to manage reservations made by you; manage the operation of the Discover365 Lifestyle & Leisure Club, and/or promote special deals and travel packages which may be of interest or benefit to you as a member of the Discover365 Lifestyle & Leisure Club. You can opt out at any time by sending an email marked "unsubscribe" or by clicking the unsubscribe link at the bottom of the marketing emails.

3.6. All conversations of bookings made by you with our reservations staff are recorded for safety, legal and quality purposes.

3.7. 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.

4. WARRANTIES & REPRESENTATIONS

4.1. Without affecting any statutory consumer rights that cannot be lawfully excluded or limited, Discover365 gives no warranties and makes no representations regarding the cruise, travel or lifestyle product provided by the supplier specifically; the usability, fitness of purpose, class, standard, rating or visual images of the cruise or travel, travel or lifestyle product 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.

5. LIMIT OF LIABILITY

5.1. We do not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements.

5.2. We will not be liable for damages of any kind related to your use of or inability to access this site. Access to this site, is not guaranteed and is subject to availability of communications links and access rights. As a user of this website, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our site and you agree that access is undertaken at your own risk.

5.3. By using this website you indemnify Discover365 and Affiliate Partners all liability for any claim, charge, demand, damage, liability, loss or expense of whatever nature whether arising directly or indirectly out of or in connection with the use of this site or any links provided by this site even if we knew they were possible, or they were otherwise foreseeable, including without limitation for consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of profit or income, loss of or damage to property and loss resulting from claims by third parties, damages incurred or suffered by reason of act or omission or incorrect information contained within these terms and conditions and which you as a member of the Discover365 program, commit in breach of the terms and conditions of this site.

5.4. Without affecting any statutory consumer rights that cannot be lawfully excluded or limited:

5.5. Where our liability cannot be excluded, to the extent permitted by law such liability is limited to either:

5.6. We sell cruise, travel and lifestyle products from inventory supplied by a number of travel or lifestyle product providers and we cannot accept additional liability for unavailability caused by a supplier over-selling its own inventory.

5.7. Without limitation, we will not be responsible if the cruise, travel or lifestyle product is not available due to inclement weather conditions or other acts of God.

5.8. Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage.

5.9. All quotations and reservations are made in accordance with known schedules and availability from our travel and lifestyle providers, and Discover365 will not be liable for any costs incurred due to any change in that schedule, availability or delays or resulting impact on changes to other arrangements.

5.10. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law).

5.11. This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010.

6. SALES AND SPECIALS

6.1. In addition to these terms and conditions you are also bound by specific Terms & Conditions applicable to “specials” or “conditional sales of products and travel services” and these can be found on the promotional marketing e-mail, websites or on the booking confirmation and the voucher if supplied.

6.2. Some bookings of specials and conditional sale products and travel services are non-refundable, non-exchangeable and cannot be cancelled or amendments under ANY circumstances.

6.3. Sales cannot be used in conjunction with any other offer or combined with any other form of discount or membership.

7. YOUR OBLIGATIONS AND RESPONSIBILITY

7.1. When you make a booking with us, legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms and policies and by the conditions of the particular supplier. You must not make any booking unless you understand and agree all to our terms and policies. Once payment is made for the booking, it is deemed that you have read and understood the terms and conditions for the booking. If you have any queries please contact us before making any booking for any service.

7.2. You must be at least 18 years old to make a valid booking of any cruise, travel or lifestyle product and Discover365 reserves the right to decline any booking unless proof of identification has been provided. Persons under 18 years old must be accompanied by at least one adult for the duration of any stay for any cruise, travel or lifestyle product.

7.3. On arrival at a cruise, travel or lifestyle product location 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 cruise, travel, accommodation or service provider and may vary with each supplier as it is their discretion as to the amount required.

7.4. Discover365 is a membership and reward program and you will be issued with a user name and password to participate in this program and access details on the website which you must ensure is kept in a secure place and not available to the general public.

7.5. You warrant to Discover365 that you are the holder of the password used to access this site or have the authority of the password holder to use this site, and enter into a contract with Discover365 and its suppliers.

7.6. You as the member cannot assign, transfer, subcontract or delegate any of your rights, duties or obligations of the membership under any of the terms displayed on this site.

8. PROBLEM HANDLING & FAIRNESS

8.1. We always try to settle any issues or complaints quickly and fairly.

8.2. 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 830 786 or email us info@ourvacationcentre.com

9. CAPACITY IN WHICH WE ACT

9.1. In all instances we act as booking agents only. As booking agents we are contracted by various third party to sell and make reservations on their behalf.

9.2. Any services we provide to you are collateral to that agency relationship. Our obligation to you is to (and you expressly authorise us to) make travel bookings on your behalf and facilitate lifestyle product purchases; such as but not limited to flights, accommodation, cruise, coach, rail, car hire, golf and wine, and to arrange relevant contracts between you and our various product/service providers.

9.3. We exercise care in the selection of reputable suppliers, but we are not ourselves a provider of cruise, travel and lifestyle products and have no control over, or liability for, the services provided by third parties.

9.4. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by these service providers.

9.5. We can provide you with copies of the relevant service provider terms and conditions upon request though any terms that are critical to the booking, will be relayed to you during the quotation or booking process.

9.6. Your legal rights in connection with the provision of cruise, travel and lifestyle products are against the specific provider and, except to the extent a problem is caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any cruise, travel and accommodation service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.

10. GOVERNING LAW

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

10.2. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia, and waive any right that you may have to object to an action being brought in those courts.

10.3. In cases of conflict or inconsistency, where these Booking Terms and Conditions are translated into a language other than English, the English text shall prevail.

11. PRICES, BOOKING FEES, DEPOSITS, PAYMENTS & CANCELLATIONS

11.1. Prices

11.1.1. All prices are subject to availability and can be changed or withdrawn without notice.

11.1.2. Any quotation and booking obtained from our consultants will have an administration and service fee included.

11.1.3. Price changes may occur due to matters outside our control, such as currency fluctuations, fuel surcharges, taxes and airfare increases.

11.1.4. Quoted price, availability and schedules are only valid at the time of the quotation and may change if the itinerary is booked later. You will be advised when receiving your quotation the period that is applicable for items contained within and can only be confirmed at time of booking.

11.1.5. Fuel surcharges are levied as per the rules of the individual cruise line flight operator and may be applied at any time prior to departure. Additional terms and conditions imposed by the supplier may apply.

11.2. Booking Fees

11.2.1. We may charge a booking fee which is calculated as a percentage of the total cost of the travel, accommodation or services we have booked for you or in some situations a flat administration fee will be applied. The amount will be advised at the time of quotation or booking.

11.2.2. Our booking fee is inclusive of GST.

11.2.3. Booking fees apply to all cruise, travel, accommodation and service reservations booked by us unless otherwise advised.

11.2.4. Our booking fee is earned and charged when your booking reservation is confirmed.

11.2.5. Our booking fee is non-refundable.

11.3. Deposits

11.3.1. You are required to make a deposit in respect of your cruise, travel, accommodation and service cost at the time of booking your reservation.

11.3.2. The amount of the deposit varies according to the requirements of each cruise, travel, accommodation and service provider with whom we make your reservation and the amount of the deposit will be advised to you by your reservation consultant or shown online, before your booking reservation is confirmed.

11.3.3. Certain cruise, travel, accommodation and service providers require the full amount of the cruise, travel, accommodation and service cost to be paid at the time of making the booking reservation. If this is the case your reservation consultant will advise you at the time of the quotation or booking and in the case of online booking the full amount is required at the time of booking.

11.3.4. All cruise, travel, accommodation and service deposits paid are non-refundable (subject to your rights under the Australian Consumer Laws) but may be transferable on request depending on the circumstances of each booking. Contact one of our reservation consultants for details for assistance.

11.4. Payments

11.4.1. All monies paid to us, with the exception of the booking fee, are received by us on behalf of the cruise, travel, 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.

11.4.2. All monies paid by you to us will be and remain the property of Discover365 as a debt due and payable to the cruise, travel, accommodation or service provider with whom you are booked once the cruise, travel, accommodation or service 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).

11.4.3. You agree and acknowledge that monies not required to be held in trust that we may hold such monies in any account as we see fit, including with our own and/or other customer monies.

11.4.4. Depending on the date of booking and date of departure, you may be required to pay for your cruise, travel, accommodation or service in full at the time of making the booking.

11.4.5. In the case of bookings where only a deposit payment is required, you will be required to pay the balance of your cruise, travel, accommodation or service in full to meet the relevant supplier’s payment terms which is some instances will be a minimum of 8 weeks. The payment date/s will be advised at time of quotation or booking by our consultant or displayed on the website for online bookings. Reservations with some suppliers including airline operators require payment in full, at time of booking.

11.4.6. You agree that the outstanding payment is required before confirmation of the booking can be made and that it is your responsible to pay the amount by the require time. Reminders are not sent to by us to you for any outstanding amounts.

11.4.7. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we, or the Supplier reserve the right to treat your booking as cancelled by you and cancellation charges may apply.

11.4.8. We shall process your payments either over the telephone, or online if you are making a booking through our website and making payment through our online mechanism.

11.4.9. We may store details of your payment method in accordance with our Privacy Policy (securely using SSL encryption), however we shall not take any payments from your credit or debit card unless we have your authority to do so and the appropriate authorisation.

11.4.10. All reservations fees are quoted are in Australian dollars and are rounded off to the nearest denominator. All costs are inclusive of Australian GST unless otherwise advised.

11.5. Credit Card Payment

11.5.1. 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 cruise, travel, accommodation or service booking against this credit card on the dates below:

11.5.2. The booking or administration fee at the time of paying the deposit.

11.5.3. The cruise, travel, accommodation or service deposit cost on the date on which you’re booking is confirmed.

11.5.4. The balance of the payment for your cruise, travel, accommodation or service, after deducting your deposit payment, to meet the supplier’s payment terms. The payment date/s will be advised at time of quotation or booking by our consultant or displayed on the website for online bookings.

11.5.5. The amounts that will be charged to you credit card and advised at time of quotation or booking excludes any merchant fee surcharges. Our Consultants can advise you of the surcharge at time of quotation or booking or the amount will be displayed on the website for online bookings.

11.6. Membership Rewards or Vouchers

11.6.1. Discovery Dollars or vouchers issued under Discover365 membership and affiliate programs are non-refundable once redeemed against a cruise, travel, accommodation or travel service.

11.7. Cancellations and Changes

11.7.1. Cancelled bookings may also incur additional supplier fees, which can equal up to 100% of the cost of the booking, regardless of whether travel has commenced.

11.7.2. Supplier fees may also apply where a booking is changed and when tickets or documents are re-issued.

11.7.3. 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.

11.7.4. 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.

11.7.5. All government fees, port charges, surcharges and taxes are subject to change without notice until the final payment is made and documents have been issued.