4. BOOKING FEES, DEPOSITS & PAYMENTS
- Credit Card Payments
5. BOOKING CANCELLATIONS OR AMENDMENTS
7. PROPERTY & SERVICE DESCRIPTIONS
8. WARRANTIES & REPRESENTATIONS
10. GIFT VOUCHERS
11. 3 DAY SALES
12. YOUR OBLIGATIONS
13. TRAVEL SERVICES
- Domestic Air Travel
- Car, Camper & Motorhome Hire
- Travel Insurance
14. PROBLEM HANDLING & FAIRNESS
16. GOVERNING LAW
1.1. References to "us", "we" "our" “Discover New South Wales”, "Discover NSW" 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 NSW prior to making a booking.
1.8. These terms and conditions were last updated on 27/11/2013.
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.
3.1. You may book accommodation or services with us:
3.1.1. Directly online www.discovernsw.com.au
3.1.2. Email an enquiry through to [email protected]
3.1.3. Call and speak to one of our reservation consultants on 1300 663 533 or +61 7 5555 1800.
4. BOOKING FEES, ACCOMMODATION DEPOSITS & PAYMENTS
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.
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.
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
5.1. Any special requests (i.e. request 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.
6.1. 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.
9.1. 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:
18.104.22.168. for breach of an implied term/s - at our option, to re-supply the service or the cost of re-supplying the service;
22.214.171.124. otherwise, to the value of the booking made.
126.96.36.199. 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 responsibility 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.
10.1. Discover Queensland accommodation gift vouchers are valid for 12 months from 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.
11.1. In addition to these terms and conditions you are also bound by the specific Terms & Conditions applicable to 3 Day Sales 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. Bookings are non-refundable, non-exchangeable and no cancellations or amendments under ANY circumstances.
11.3. We strongly recommend taking out a travel insurance policy at the point of booking.
11.4. 3 Day Sales cannot be used in conjunction with any other offer or combined with any other form of discount or membership
12.1. 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.
12.2. Children under 18 years old must be accompanied by at least one adult for the duration of any stay at any accommodation.
12.3. 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.
13. TRAVEL SERVICES INCLUDING FLIGHTS, CAR HIRE & INSURANCE
Domestic Air Travel
13.1. 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.
13.2. 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
13.3. As a convenience we can assist you with holiday car and motorhome rental reservations.
13.4. 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.
13.5. 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.
13.6. 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.
13.7. 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.
13.8. For full terms and conditions of Apollo Camper & Motorhomes Australia, view the Terms & Conditions 14-15 PDF
13.9. As a convenience we can assist our clients with travel insurance through QBE.
13.10. The pricing of and information about insurance is provided on request.
13.11. 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.
13.12. 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 PDF
13.13. A copy of the travel insurance policy you purchased will be provided by QBE.
14. PROBLEM HANDLING & FAIRNESS
14.1. We always try to settle any issues or complaints quickly and fairly.
14.2. 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 663 533 or email us [email protected]
15.1. In all instances we act as booking agents only.
15.2. 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.
15.3. 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.
15.4. 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.
16.1. 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.
17.1. 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.