1.  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).
2.  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.
3.  No person under the age of eighteen (18) is permitted to become a Member or to make a Booking.
4.  By becoming a Member and / or making a Booking, you represent and warrant that:
   1. you are 18 years of age or older; and
   2. 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
   3. you accept the then-current Terms. 
5.  If you are making any Booking on behalf of any other traveller, these Terms will bind all travellers for that Booking.
6.  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.
Processing 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 which 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 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.

2. MEMBERSHIP

2.1 We grant you the right for 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 benefit of the Program, may not meet your specific requirements from time to time.

2.3 The Member Portal is an online service which 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.

3. 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.

4. 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.

5. 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) may be subject to Processing 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.

6. 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, 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 being 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 Processing Fee may be applied to Bookings. We will inform you of the Processing 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 Processing Fee of 2.0% 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.

7. 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 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 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.

10. 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 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), in equity, 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 program 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 good;
     (ii) replacing the good;
     (iii )the cost of having the good repaired; or
     (iv) the cost of having the good replaced; and

(b) in the case of services:
     (i) re-supplying 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 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.

10.10 We at any time have the ability to change the benefits and privileges from time to time without notice.

11. 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, lock out 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.

13. 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.

14. 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 sets 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 novatees 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.