Terms & Conditions


OUR VACATION CENTRE TERMS AND CONDITIONS

INTRODUCTION

The My241 Rewards program and website is owned and operated by Our Vacation Centre Pty Ltd ABN 54 105 176 and below are our Terms and Conditions under which the site can be used as well as our Terms and Conditions for all transactions.

Please read carefully and If you do not accept the terms stated here contact Our Vacation Centre at 58 Kingston Drive, Helensvale QLD 4212. Tel 1300 662 900 or +61 7 5501 0793.

References to "us", "we" "our" “My241 Rewards” “My241 cruise” “My241 Hotel”, shall mean Our Vacation Centre Pty Ltd.

References to “you”, “client”, “passenger”, “member” shall mean an authorised participant in the “My241 Rewards” program.

References to “supplier”, “wholesaler”, “provider” shall mean a supplier of travel related services such as but not limited to airlines, cruises, tours, rail, coach, accommodation, car rental, and hotels.

References to “booking channel”, “booking facilitator” shall mean a supplier of travel related reservation services such as but not limited to airlines, cruises, tours, rail, coach, accommodation, car rental, and hotels.

There is no guarantee that any specific cruise line, cruise ship, destination or departure date will be available on the My241 Rewards program at any particular time.

When booking cruise, travel, accommodation or services with Our Vacation Centre you acknowledge and accept to abide by these terms and conditions and those applying to the cruise, travel, accommodation or service supplier with who you have contracted by that booking.

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

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.

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

Our Terms and Conditions or offers made under our various rewards, certificates or voucher programs are subject to revision and may change without prior consent.

These terms and conditions were last updated on 01/06/2015.

PRIVACY

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.

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.

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 OVC related entities.

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.

By providing personal information to us for the purpose of participating in our rewards dollars, certificate or vouchers membership programs or for the purpose of receiving a quotation or making a booking, you consent to us contacting you by electronic means (e-mail or SMS or phone) with information regarding your query or reservation or forwarding marketing collateral containing news, products or services or promoting product & packages that we consider may be of interest to you. 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 or by contacting us to request we do not call.

A condition of membership in any of the various rewards, certificate or voucher programs provided by Our Vacation Centre is that you give your consent to be contacted by electronic means (email or SMS) or phone with information about goods and services which we feel may be of interest to you.

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

By making a booking with us you consent to any recorded evidence of your booking being used for purposes of resolving any booking disputes or when requested to by authorities.

WARRANTIES & REPRESENTATIONS

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

LIMIT OF LIABILITY

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.

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.

By using this website you indemnify Our Vacation Centre 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 My 241 Rewards program, commit in breach of the terms and conditions of this site.

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

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.

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

re-supply the service or

the cost of re-supplying the service or

value of the booking made.

We sell cruise, travel, accommodation or service from inventory supplied by each cruise, travel, accommodation or service provider and we cannot accept additional liability for unavailability caused by a supplier over-selling its own inventory.

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

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 cruise, travel, accommodation or service, irrespective of its cause.

Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel byair, 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.

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

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).

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.

SALES AND SPECIALS

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.

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.

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

YOUR OBLIGATIONS AND RESPONSIBILITY

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.

You must be at least 18 years old to make a valid booking of any cruise, travel, accommodation or services and Our Vacation Centre 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 at any cruise, travel, accommodation or service.

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

Our Vacation Centre have several membership and reward programs and you will be issued with a user name and password to participate in these programs and access details on the respective websites which you must ensure the user name and password is kept in a secure place and not available to the general public.

You warrant to Our Vacation Centre 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 Our Vacation Centre and suppliers.

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.

PROBLEM HANDLING & FAIRNESS

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

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 662 900 or email us info@ourvacationcentre.com

CAPACITY IN WHICH WE ACT

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.

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 cruise, travel and accommodation bookings such as but not limited to airlines, coach, rail and cruise line operators on your behalf and to arrange relevant contracts between you and our various service providers.

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

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.

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.

Your legal rights in connection with the provision of cruise, travel and accommodation services 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.

GOVERNING LAW

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.

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.

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.

PRICES, BOOKING FEES, DEPOSITS, PAYMENTS and CANCELLATIONS

Prices

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

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

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.

Please contact your consultant for up-to-date prices and availability as Cruises, flight and other travel itineraries, are subject to change.

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

Booking Fees

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.

Our booking fee is inclusive of GST.

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

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

Our booking fee is non-refundable.

Deposits

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

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.

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.

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.

Payments

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.

All monies paid by you to us will be and remain the property of Our Vacation Centre 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).

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.

If you make a booking within 35 days prior to the departure/arrival date of your cruise, travel, accommodation or service booking you will be required to pay for your cruise, travel, accommodation or service in full at the time of making the booking.

In the case of all bookings outside of 35 days from your departure/arrival date for which a deposit was paid, 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.

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 by us to you for any outstanding amounts.

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

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.

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.

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.

Credit Card Payment

By providing your credit card details to Our Vacation Centre 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:

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

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

10.5.1.3 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.

The amounts that will be charged to your 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.

Membership Certificates or Vouchers

Certificates or vouchers issued under Our Vacation Centre membership and affiliate programs are non-refundable once redeemed against a cruise, travel, accommodation, travel service or product.

Certificates or vouchers cannot be redeemed for cash.

Certificates or vouchers cannot be redeemed towards car hire, flights, insurance, airport parking, associated travel expenses or hotels that are booked over the phone.

Cancellations and Changes

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.

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.

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.

My241 Product Terms & Conditions