Terms and conditions

Aussie Travel Pass Pty Ltd incorporating the Aussie Travel Pass and Aussie Travel Saver offers for sale its products under the following conditions.

The laws of the State of Victoria, Australia govern the terms and conditions as detailed herein.

General - Aussie Travel Saver

1.1 The Aussie Travel Saver™ program (the “Program”) is a discount program that is conducted by Aussie Travel Pass Pty Ltd ABN 69 118 713 670 (“Us”, “We”, etc), and is governed by these terms and conditions the (“Terms and Conditions”).

1.2 We may change or vary:

(a) the look and feel of this website,

(b) the content of this website, or

(c) these Terms and Conditions at any time in our discretion. Those modifications will take effect from the time that they are posted on this website. Notice of the change will be notified on this website at www.aussietravelsaver.com.au/terms. We may also suspend or terminate the Program at any time without any liability to You or any other person.

1.3 The Program does not operate in any jurisdiction where it may be prohibited by any relevant law or government policy or direction.

Eligibility

2.1 Only international travellers to Australia who are not Australian citizens or Australian residents are entitled to participate in the Program or purchase an Aussie Travel Saver™ Card (the “Card”). We may require You to provide proof of Your eligibility before You purchase a Card, or at any time during or after the validity period of the Card.

2.2 Applications for Cards are subject to Our approval, which we may give or withhold in our absolute discretion.

2.3 Corporations, firms, trusts, partnerships and other entities (other than individual persons) cannot use the Card.

2.4 The Card is not a charge, credit or stored value card. Cards are not transferable and remain Our property.

2.5 Once we accept Your application for a Card and receive Your payment for the Card in cleared funds, We will arrange for a personalised Card, setting out Your name and other identifying details, and an unique Card number, to be printed and shipped out to You at the address that You have nominated in Your application. Alternatively We may provide a facility for You to collect the Card from a specified place in Australia. We will be taken to have delivered the Card to You (regardless of whether or not You actually receive or collect the Card) once We arrange delivery of the Card to a place that You have specified in Your application or once We make the Card available for You to collect at a pick-up point that You have notified in the application form.

2.6 All Cards will have a stated validity period. Cards may only be used for goods and services that You have booked, purchased, paid for and received during that stated validity period.

2.7 Any tampering with or alteration to a Card has the effect of automatically invalidating it.

2.8 Cards cannot be replaced, and no refund will be payable to You if a Card is lost, stolen, damaged or destroyed.

2.9 If You wish to cancel the Card that has been issued to You, You may only do so before the commencement of its validity period, by physically returning the Card (by way of registered or certified mail) with a properly completed Request for Refund form to Us at Our office as detailed on the Request for Refund form (PDF 146kb). Provided that we receive the Card and the properly completed Request for Refund form at that address before the start of the Card’s validity period, We will cancel the Card and issue a refund to You of AUD $50.00.

Participants, Discounts and Offers

3.1 The Card can be used to obtain discount and promotional offers from participating organisations in various industries, including certain hotels, motels, retail outlets, eateries, specialist tour operators, theme parks, entertainment, motor vehicle hire and others (“Program Participants”). Program Participants and their addresses are identified on Our website at www.aussietravelsaver.com.au/offers. We cannot guarantee that all members of a franchised system will all be Program Participants, even if some of them are.

3.2 Discounts and offers that are available using the Card are personal to the Card holder. They are not transferable, and cannot be exchanged for cash, credit or any other form of payment or value.

3.3 The Program Participants, their addresses, and their discount and promotional offers are listed on Our website at: www.aussietravelsaver.com.au/offers. Both the Program Participants and their discount and promotional offers may change from time to time, and are regularly updated on Our website at: www.aussietravelsaver.com.au/offers. You should check Our website regularly.

3.4 In order to claim a promotional or discount offer from a Program Participant, You will be required to present the Card at the time when You book, purchase or pay for eligible goods or services from the Program Participant. If You are making a booking with a Program Participant in person, You are required to identify Yourself as a Card holder and present the Card at the time You make Your booking, in order to be eligible to receive the discount or other promotional offer from the Program Participant. If You are making a telephone or internet booking with a Program Participant, You are required to identify Yourself as a Card holder and give the Program Participant the Card number at the time You make Your booking, in order to be eligible to receive the discount or other promotional offer from the Program Participant. You will also be required to present the Card to the Program Participant at the time you redeem that telephone or internet booking.

3.5 Discount and promotional offers are subject to availability and Program Participants’ restrictions. Program Participants may impose blackout periods from time to time. Blackout periods for Program Participants are listed on Our website at: www.aussietravelsaver.com.au/offers.

3.6 You agree to be bound by the terms and conditions applicable to Program Participants’ goods and services, when you purchase those goods or services from those Program Participants.

3.7 Discount and promotional offers under the Program may not be combined with any other third party discount programs.

3.8 We are not acting as agents for any of the Program Participants. Nor are any of the Program Participants Our agents, or otherwise authorised to contractually bind Us in any way. If You purchase or acquire any goods or services from a Program Participant, that transaction will be between You and that Program Participant, and You will deal with any dispute that You may have with that Program Participant in relation to their goods or services, any representation that they make, or any discount or other promotional offer that they have offered as part of their participation in the Program.

Privacy

4.1 We will collect personal information about You when You apply for a Card. We will collect and handle that information in accordance with our Online Security and Privacy Policy

4.2 You may be asked by Program Participants to provide them with personal information about You when You make bookings for, or purchase goods or services from them. If You give them that information, then that will be governed by the Program Participants’ privacy policies, and not Ours. You will not hold Us liable for any use of that personal information by any third party.

4.3 We may use techniques designed to identify fraudulent activities, such as fraudulent credit card use. If any unauthorised use of Your credit card occurs, you should notify your credit card provider in accordance with its reporting rules and procedures.

4.4 By ticking the “Consent to e-mail Updates” box on the application form for the Card, You consent to Our sending You e-mails from time to time, setting out promotional offers from Us or from Program Participants, and other information that We think may interest You. You can unsubscribe from those e-mails at any time by following the instructions on the e-mails.

Purchases and GST

Goods and services provided in Australia may attract Goods and Services Tax under Australian law (“GST”). For some of these goods, You might be able to apply for a refund of that GST, but only for some goods that You take with You as hand luggage or that You wear on to the aircraft or ship when You leave Australia. You should check the information about the Australian Government’s Tourist Refund Scheme on the Australian Customs Service website at http://www.customs.gov.au/ for further details.

Representation or Warranty

6.1 You acknowledge and agree that apart from where required by law, this website and all website content and goods and services that We provide (including the Card) are provided “as is” without warranties of any kind, expressed or implied.

6.2 You warrant to Us that all of the information that You provide to Us when applying for a Card is true and correct. Without limiting Our rights, We may cancel the Card that we have allocated to You, if any of that information is false or misleading in any way.

6.3 You acknowledge that apart from where stated to the contrary in these terms and conditions, We have not made any representations or given any warranties:

(a) that any particular discount will be available to You on presentation of the Card to any Program Participant; or

(b) as to the availability, or the nature, functionality, quality or fitness for any purpose of any goods or services that You order or acquire from Us or from any Program Participant.

Disclaimer

7.1 We do not accept any liability whatsoever with regard to goods or services provided by any Program Participants or a Program participant’s failure, delay or refusal to supply any goods or services, or any discount or other promotional offer, whether or not in connection with the Program. The rights, if any, that You may have in connection with those matters are solely against the Program Participant. All goods and services supplied to You by any Program Participant will be subject to the terms and conditions of the Program Participant supplying the goods or services, which will constitute the only contract in connection with that supply.

7.2 Except as provided by law, neither We nor Our related corporations nor Our employees, officers and agents will be under any liability to You, whether in contract, tort or otherwise, in respect of any loss or damage (including consequential loss or damage, loss of profits, economic loss or loss of information) which may be suffered or incurred or which may arise directly or indirectly in respect of:

(a) the Card,

(b) the Program;

(d) the accuracy, completeness or usefulness of any website content or information contained in Our website, or

(e) any goods or services offered or supplied by Us pursuant to these Terms and Conditions or by any Program Participant.

If We suffer or incur any loss or damage in connection with any breach by You of these Terms and Conditions, You agree to indemnify Us for those losses and damages.

7.3 Without limiting this clause 7, We do not accept any liability in respect of death or injury, or consequential damages arising from or in connection with the supply of any goods or services by a Program Participant, the conduct of the Program, or the loss or destruction of a Card.

7.4 To the extent permitted by law, Our liability in respect of any goods or services that We supply to You Ourselves is limited to any one or more of the following (at Our discretion):

(a) replacement of the goods or supply of equivalent goods or services;

(b) the repair of goods;

(c) the payment of the cost of replacing the goods or of acquiring equivalent goods or, in the case of services, having the services supplied again.

7.5 Subject to clause 7.4, to the extent permitted by law, Our liability in respect of in respect of:

(a) the Card,

(b) the Program;

(d) the accuracy, completeness or usefulness of any website content or information contained in Our website, will not exceed in the aggregate the amount that You have actually paid Us in respect of the Card.

Governing Law

These Terms and Conditions shall be construed in accordance with and shall be governed by the laws in force in the State of Victoria, Australia. You irrevocably submit to and accept the exclusive jurisdiction of the Courts of the State of Victoria in relation to any dispute or issue arising in relation to these Terms and Conditions, Your participation in the Program, and Your possession and use of the Card.

Special Offers