Terms and Conditions

CONTENTS

1.    INTRODUCTION

2.    PRIVACY

3.    MAKING YOUR BOOKING

4.    PROCESSING FEES, DEPOSITS & PAYMENTS
       - Fees
       - Deposits
       - Payments
       - Credit Card Payments

5.    BOOKING CANCELLATIONS OR AMENDMENTS

6.    CHECKING YOUR BOOKING

7.    PROPERTY & SERVICE DESCRIPTIONS

8.    WARRANTIES & REPRESENTATIONS

9.    EXCLUSIONS OF LIABILITY

10.  GIFT VOUCHERS

11.  EXCLUSIVE OFFERS

12.  COVID REFUND GUARANTEE

13.  YOUR OBLIGATIONS

14.  TRAVEL SERVICES
       - Domestic Air Travel
       - Car, Camper & Motorhome Hire
       - Travel Insurance

15.  PROBLEM HANDLING & FAIRNESS

16.  CAPACITY IN WHICH WE ACT

17.  GOVERNING LAW

18.  ACKNOWLEDGEMENT

19.  COMPETITIONS

______________________________________________________________________________________________


1.   INTRODUCTION

1.1.   References to "us", "we" "our" “Discover Queensland” 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 Queensland prior to making a booking.
1.8.   These terms and conditions were last updated on 12/05/2021.

2.   PRIVACY

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.
2.3.   All bookings are otherwise subject to our Privacy Policy which can be viewed at  http://www.discoverqueensland.com.au/privacy-policy/

3.   HOW TO MAKE YOUR BOOKING

3.1.  You may book accommodation or services with us:
3.1.1.  Directly online www.discoverqueensland.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 788 553 or +61 7 5555 1800.

4.   PROCESSING FEES,  ACCOMMODATION DEPOSITS & PAYMENTS

Processing Fees
4.1.
  We charge a processing fee which is calculated as being 2.0% of the total cost of the accommodation and services we have booked for you.
4.2.  Our processing fee is inclusive of GST.
4.3.  Processing fees apply to all accommodation and service reservations booked by us unless otherwise advised in writing.
4.4.  Our processing fee is earned and charged when your booking reservation is confirmed.
4.5.  Our processing fee is non-refundable.

Accommodation Deposits
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.

Payments
4.10.  All monies paid to us, with the exception of the processing 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 processing 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 (see also EXCLUSIVE OFFERS)

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.   CHECKING YOUR BOOKING

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.   EXCLUSIONS OF LIABILITY

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:
9.1.2.1.  for breach of an implied term/s - at our option, to re-supply the service or the cost of re-supplying the service;
9.1.2.2.  otherwise, to the value of the booking made.
9.1.2.3.  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.   GIFT VOUCHERS

10.1.  Discover Queensland accommodation gift vouchers are valid for 3 years 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.   EXCLUSIVE OFFERS

11.1.   In addition to these terms and conditions you are also bound by the specific Terms & Conditions applicable to exclusive offers (such as Flash Sales & Hot Deals) 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.    Full payment is required at time of booking unless otherwise specified.
11.3.    Changes are permitted up to the specified period of the exclusive offer prior to the travel date provided the amended dates are of an equal value and are available. You can make one (1) change to the date of your booking provided. Any change to booking dates is subject to availability. A service charge of $50 per booking will be applied to changes.
11.4. Cancellations are permitted up to the specified period of the exclusive offer prior to the travel date and will incur a $50 per adult cancellation fee in addition to any supplier fees.
11.5.   We recommend taking out a travel insurance policy at the point of booking.
11.6.    Exclusive offers cannot be used in conjunction with any other offer or combined with any other form of discount or membership.

12.   COVID REFUND GUARANTEE

12.1.  “Product” means the COVID Refund Guarantee.
12.2.  These Terms & Conditions are an extension to our Standard Terms & Conditions and only apply when the Product is purchased.
12.3.  The COVID Refund Guarantee provides a Full Refund on accommodation in the event of a COVID-19 related Government Issued Travel Ban which prohibits you departing from or arriving at a destination where public travel is banned.
12.4.  Refunds are not issued for Government travel warnings. A public travel ban must be in force.
12.5.  The COVID Refund Guarantee covers up until 14 days prior to your departure date to claim a refund.
12.6.  Refund claims made inside of the 14 day travel window are offered a credit only, subject to the Accommodation Supplier’s own Terms & Conditions (which may be exempt from offering a credit).
12.7.  The COVID Refund Guarantee is an optional purchase.
12.8.  The COVID Refund Guarantee is NOT a travel insurance policy.
12.9.  Any refund specifically applies to the Accommodation booking made in conjunction with this Product.
12.10.  Refunds for airline tickets, cruises, tours, transfers, attractions and rail travel are specifically excluded from this Product.
12.11.  The purchase fee charged for the COVID Refund Guarantee is non-refundable.
12.12.  When claiming the COVID Refund Guarantee refund, please email details of your circumstances and your booking reference to [email protected]
12.13.  You are required to provide Us with evidence from the Government website confirming the Travel Ban and the dates it relates to.
12.14.  Refund requests must be received by us within 14 days of your accommodation booking check-in date.
12.15.  Failure to lodge a claim with us within the 14 day period will void your rights to a refund.
12.16.  Refunds can take up to 28 days to process.

13.   YOUR OBLIGATIONS

13.1.  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.
13.2.  Children under 18 years old must be accompanied by at least one adult for the duration of any stay at any accommodation.
13.3.  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.

14.   TRAVEL SERVICES INCLUDING FLIGHTS, CAR HIRE & INSURANCE

Domestic Air Travel
14.1.
  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.
14.2.  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
14.3.
  As a convenience we can assist you with holiday car and motorhome rental reservations.
14.4.  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.
14.5.  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.
14.6.  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.
14.7.  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.
14.8.  For full terms and conditions of Apollo Camper & Motorhomes Australia, view the Terms & Conditions 14-15 PDF

Travel Insurance
14.9.
  As a convenience we can assist our clients with travel insurance through QBE.
14.10.  The pricing of and information about insurance is provided on request.
14.11.  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.
14.12.  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
14.13.  A copy of the travel insurance policy you purchased will be provided by QBE.

15.   PROBLEM HANDLING & FAIRNESS

15.1.  We always try to settle any issues or complaints quickly and fairly.
15.2.  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 788 553 or email us [email protected]

16.   CAPACITY IN WHICH WE ACT

16.1.  In all instances we act as booking agents only.
16.2.  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.
16.3.  In our relationship with you we never act as principal. Therefore, in addition to our terms and conditions which apply to our processing 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.
16.4.  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.
16.5. We at any time have the ability to change the benefits and privileges from time to time without notice.

17.   GOVERNING LAW

17.1.  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.

18.   ACKNOWLEDGEMENT

18.1.   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.

19.   COMPETITIONS

New Subscriber Competition
Terms & Conditions of Entry

The Promoter
19.1.  The Promoter is Discover Queensland (ABN 84 143 885 367) (the 'Promoter'). The Promoter's address is Suite 202, Level 2, 89-91 Surf Parade, The Wave Building, Broadbeach, QLD 4218.

Conditions of Entry
19.2.  Eligibility information and the prize offered form part of these Conditions of Entry. An individual that renders themself an Eligible Entrant is deemed to have accepted these Conditions of Entry.
19.3.  Entry is open to residents of Australia aged 18 years or older, who comply with the requirements set out in the “Eligibility for Promotion” terms stated in these Conditions of Entry ("Eligible Entrants").
19.4.  Employees of Discover Queensland, its related bodies corporate, and their immediate families are not permitted to enter.

Duration of Promotional Period
19.5.  The Competition commences on 12 September 2023 at 12PM AEST and closes on 31 October 2023 at 11.59PM AEST. The final draw will occur no later than 6 October 2023 at 4PM.

Eligibility for Promotion
19.6.  Eligible Entrants will be those who during the Promotion Period:
19.6.1.  currently subscribed to receive direct marketing material from the Promoter via the subscription form on https://www.discoverqueensland.com.au/; and
19.6.2.  must be a new subscriber and not already existing in the database before the competition start date
19.6.3.  remain subscribed to receive direct marketing material from the Promoter for the duration of the Promotion Period.
19.7.  Eligible Entrants may only enter in their own name. Inaudible, incomprehensible, illegible, and incomplete entries will be deemed invalid.
19.8.  By submitting an entry into this competition, entrants consent to receive promotional and other marketing messages from the Promoter (including messages sent electronically for an unlimited period of time). Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Promoter.
19.9.  An individual who complies with these eligibility requirements will receive one entry only in the Promotion.

Selection of “Prize Winner”
19.10.  All draws will be conducted at the Promoter's Premises at Suite 202, Level 2, 89-91 Surf Parade, The Wave Building, Broadbeach, QLD 4218.
19.11.  The Promoter will ensure that all entries have an equal chance of winning a prize.
19.12.  Prizes will be sent within seven days of the draw.
19.13.  The Promoter reserves the right to draw additional reserve entries and record them in case an ineligible entrant is drawn. The Prize Winner need not be present at the draw. Winner will be chosen at random by software, from all entries received and verified by Promoter and or its agents
19.14.  The winner/s will be notified via email (as determined by the address provided by the entrant) and phone (if provided) within two business days of the draw. The winner will be published via Facebook and https://www.discoverqueensland.com.au/competition/
19.15.  If the winner cannot be contacted or does not claim the Prize within 14 days of notification, we reserve the right to withdraw the Prize from the winner and pick a replacement winner. Any unclaimed prizes will be drawn as per Item 14 of the Selection of “Prize Winner”.

Prize on Offer
19.16.  The prize consists of one (1) Discover Queensland Travel Voucher to the value of AUD$500. The Prize Winner (by accepting a Prize) agrees that they will abide by the applicable terms and conditions for the use of the prize as notified by the Promoter and/or the prize issuer.
19.17.  Eligible Entrants may only receive one (1) prize across the Promotion Period.
19.18.  The Prize Winner must take the prize as offered. The prize is non-transferable, non-refundable, cannot be sold or exchanged for cash (except as permitted through normal use of the prize) and cannot be used in conjunction with any other offer.
19.19.  The prize and use of the prize are subject to the standard terms and conditions of the Promoter. These terms and conditions can be found at https://www.discoverqueensland.com.au/terms-conditions/
19.20.  Prize must be redeemed within 6 months of issuance and in accordance with terms of use. Prize may be redeemed on one booking at once in whole or part during the validity period. Where used in part, remaining funds will be forfeited and cannot be used for future purchased. In the event a winner does not take the prize within the timeframe stipulated, then the entire prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.

Further Terms & Conditions
19.21.  Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim they have to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. The Promoter reserves the right to disqualify any entrant who provides false information or who seeks to gain an unfair advantage or to manipulate this competition.
19.22.  Any entrant found to be entering incorrect contact details, including incorrect email contact details, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
19.23.  If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value. Cash will not necessarily be awarded as a substitute. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier's requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. Subject to legislative approval.
19.24.  The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner.
19.25.  The Promoter reserves the right to request winners to sign a winner's deed of release (and indemnification) or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
19.26.  The Promoter reserves the right to conduct a redraw in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions.
19.27.  The Promoter reserves the right to cancel or amend the competition and these Terms and Conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the Promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the Promoter.
19.28.  Due diligence is carried out to ensure the providers used in our competitions have health and safety measures in place at the time of promotion. We recommend contacting the product provider(s) to confirm any details and to ensure their latest initiatives comply with all Health & Safety and regulatory requirements ahead of taking up your prize.
19.29.  The Promoter shall not be liable for any loss or damage suffered or inflicted by you (including but not limited to direct or consequential loss) in connection with this competition.
19.30.  The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current New Zealand data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
19.31.  All entries become the property of the Promoter and by entering this competition, all entrants agree to be signed up to the Promoter’s marketing database.
19.32.  By entering this competition, an entrant is indicating his/her agreement to be bound by these Terms and Conditions.
19.33.  This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
19.34.  By entering this promotion, you agree to release Facebook from any liability including for any loss, personal injury or damage.