Terms & Conditions

General Terms & Conditions

BOOKING TERMS AND CONDITIONS

By using the scoopon.com.au website, scoopon.com.au (and their app and mobile sites) and our Social Media pages ('Website') you accept these terms and conditions ('Agreement') and our Privacy Policy This Agreement is between you and scoopon.com.au Pty Ltd (referred to in this Agreement as 'we', 'us' or 'our'). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.

On the Website and in these booking conditions Scoopon and entities that are related to or affiliated with it in the provision of the services it agrees to provide (where the context admits, together with its and their employees and agents) are included in the expressions the "Company", "Scoopon", "we", "our" or "us" and a person taking advantage of the services offered by Scoopon, all other persons (if any) included with that person in the booking are included in the expression "you", "your", a "client" or "passenger".

Scoopon sells bookings, ticketing, and other ancillary services of and for travel, accommodation and other leisure activities (“Arrangements”). Scoopon is neither a common carrier nor a private carrier and does not provide any of the travel, accommodation or other activities described on this website (“Travel Products”). Scoopon acts as your agent in making the Arrangements with third party suppliers who provide Travel Products as principals (“Suppliers”). Scoopon is not the agent of any such principal. You will also be subject to the terms and conditions of any third party suppliers in addition to these terms and conditions.

USER AGREEMENT

This agreement is between you and Scoopon. By visiting and/or using the Website you agree to be bound by the terms of this agreement ("agreement"). We may modify our terms and conditions without notice at any time where such amendment does not substantially effect your rights and obligations. If such changes of our terms and conditions substantially effect your rights and obligations we will notify you by email with these changes as they occur. By using our site to search for and/or book the products and/or services offered, you are indicating:

• that you have read this User Agreement; and

• your acceptance of this User Agreement.

  
  

REGISTRATION

In order to purchase any item (and access certain ‘members only’ areas of the Website), you need to be a registered member of the Website. When registering to become a member, you must provide Personal Information (as this term is defined in the Privacy Act 1988 (Cth)) including your first and last name, and a valid email address.

You agree to provide accurate and complete information and to keep this information current. Your information is stored securely, and will only be used and disclosed in accordance with our Privacy Policy.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you should notify us immediately (support@scoopon.com) and address your email to the Chief Operating Officer. We are not liable for any unauthorised use of your account.

CAPACITY

By making a purchase through the Website you warrant that you are over 18 and that you have the legal right and ability to enter into a legally binding agreement with us. No persons under the age of eighteen (18) are permitted to use the Website or to sign up as a member of the website.

WEBSITE CHANGES

We reserve the right to change, alter, vary or amend the Website at any time. We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other content contained in your account. In the event that this occurs you will still be entitled to access those packages that you had previously purchased through the Website.

DISCLAIMER

For orders on Scoopon, the prices that are listed at the time of your order on the product page apply. The prices are final prices inclusive of GST (where applicable) and all other price components (including relevant taxes and charges).

USE OF WEBSITE BY YOU

You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.

You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the Website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website except with our prior written consent.

You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.

You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.

You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

We reserve the right to cancel your registration at any time, subject to our complete discretion. In the event that you have previously purchased a package, we will email you a copy of any confirmation prior to cancelling registration. In the event of cancellation of registration, our decision is final and binding.

INFORMATION ON THIS WEBSITE

Information about offers on the Website may be based on material provided by third party businesses ("merchants"). We do our best to verify the information provided to us by merchants but we cannot guarantee its accuracy on all occasions.

You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by merchants.

You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

All imagery and video on the Website are for representational purposes only.

ORDERS

Purchases made by you to purchase an offer are made under the specific terms and conditions in this agreement, together with any merchant-specific terms and conditions listed under the “Fine Print” of the offer, together with any specific terms and conditions of the merchant. Promotion of offers on the site does not constitute a legally binding offer, but rather, are an invitation to treat.

We reserve the right to accept or reject your order for any reason (or no reason) at any time after that order has been made, including, but not limited to, the unavailability of any product or service, an error in the price or product or service description, or an error in your order. If we cancel your order, we will provide a full refund of any payment received. Once placed, you cannot cancel your order except as set out in this agreement.

PRICE

The prices of offers include all taxes and charges, including GST (where applicable) except where stated otherwise. There may be additional surcharges which are payable directly to the hotel which will be referred to in the relevant travel offer. Prices of products and services are current at time of display however are subject to change.

PAYMENT

All payments must be received in full prior to a confirmation being issued. If your payment is not received or declined by your bank or credit card issuer, we cannot 'hold' packages on your behalf.

TRAVEL AGREEMENTS AND TRAVEL PRODUCTS

Booking of travel arrangements and payment for travel products (which can include both land and passage components) shall be considered proof that you have read our booking conditions that you accept them without reservation as constituting the entire agreement between you and the Company which can only be varied by an officer of the Company in writing.

All travel products arranged by the Company are provided by Suppliers believed by the Company to be reputable and to operate in accordance with the standards set down by their own local authorities. Those travel products are provided subject to those Suppliers’ terms, conditions and limitations (some of which may exclude or limit liability in respect of death, injury, delay, loss or damage to passenger’s person and/or effects) and the Company accepts no responsibility for them and does not make or give any warranty or representation as to their standard. Any legal recourse you may have in respect of those travel products is against those Suppliers and not against the Company.

ACCESSIBILITY OF BOOKING CONFIRMATION

Your travel booking confirmation will be accessible via your account with us. You agree that we are not liable for any loss suffered as a result of you being unable to download, print or access a booking confirmation.

BOOKING CONFIRMATION

The Booking Confirmation you purchase is redeemable for the specified offer from the relevant supplier(s). The relevant supplier(s), not Scoopon, is the seller of the product and is solely responsible for honouring the package you purchase. Whilst we try (as much as possible) to ensure that we only promote those merchants who we feel will provide good service to you, we make no guarantee, warranty or representation regarding the standard of any product to be provided.

Booking confirmations cannot be exchanged or redeemed for cash. Unless specifically stated otherwise, packages cannot be combined with any other gift certificates, packages or promotions. Not valid in conjunction with any other offer or on existing reservations. Any unused portion of the package is non-refundable and cannot be exchanged for other services or cash.

We are not responsible for lost or stolen booking confirmations or fraudulent use of the booking confirmation's unique reference number.

PURCHASE EXPIRY AND EXTENSION

The booking confirmation will expire on the date indicated on the travel booking confirmation. Expired purchases are non-refundable in whole or part. Once expired, purchases are no longer valid and will not be honoured by the merchant.

In the event that a booking specifies a ‘book by’ date, all bookings must be made with the supplier prior to that date.

MERCHANT TERMS & CONDITIONS

Any Terms and Conditions of the supplier will always apply in addition to any specific terms of the offer stated by Scoopon. For example, if a merchant is not open on certain days, the package will not be redeemable on those days. Refunds are not payable in the event that you are unable to use a package on account of the merchant's usual terms and conditions.

CONSECUTIVE DAYS

Unless the offer specifically provides otherwise, offers must be used over one continuous period and packages cannot be split. For example, if a package entitles you to four nights at a resort, those four nights must be used consecutively - you cannot use two nights over one period, and then two nights over another.

CHANGES IN PRICE AND ITINERARIES

Prices are in Australian dollars (except where stated otherwise) are correct at the time of printing and are subject to change without notice. The price that is applicable at any time is that which is quoted at that time by the Company’s computer based system. Some prices can only be guaranteed at the time the booking is made and may differ from that quoted as it is based on the “best available rate of the day from the supplier”.

Government taxes and charges imposed by Suppliers or third parties, including airline fuel surcharges, taxes or ticketing fees are subject to change. If any increase in such taxes or charges or any currency fluctuation increases the price of your booking, the Company reserves the right to adjust your price by including additional charges, together with any applicable service fee and GST, at any time prior to our issuing your travel documentation following receipt of the balance of your price.

We will notify you of schedule or price changes made by suppliers for any reason beyond our control. If the change or changes result in your travel arrangements costing more, or otherwise being materially different from those prior to the change or changes being effected (and in respect of which we have already accepted your full payment) you may rearrange them or withdraw and monies already paid will be refunded less any charges levied by Suppliers. Any quote given is an estimate only of price and is subject to written confirmation, when accepted by a passenger within five (5) days of the quote being given. The Company reserves the right to correct any errors in amounts quoted, calculated or billed in respect of a booking, even if full payment has been made.

In the event of a change in itinerary (due to safety or events outside of our control) which results in cancellation or change fees in respect of flights (or other parts of your travel) we will notify you as soon as practicable. You will be responsible for any associated costs or will otherwise have the right to a refund (less any costs incurred or paid to third parties).

PRICE AND INVOICE ERRORS

The Company endeavours to ensure that all prices listed on the Website are accurate and up-to-date. However, due to exchange rate fluctuations or increases in supplier rates, the Company reserves the right, up to and including the date of check-in, to adjust any fees, charges or prices as necessary, even if the travel products acquired have been paid for in full, to reflect such cost increases passed onto the Company.

The Company reserves the right to correct any errors in fees, charges, rates or prices quoted or billed, even if the travel products acquired have been paid for in full.

REFUNDS

Any refunds are made in accordance with our Refund Policy.

WHAT IS NOT INCLUDED IN SCOOPON PRODUCTS

Flights (except where expressly stated), passport and visa fees, insurance (except where expressly stated), laundry, phone calls, beverages, meals not detailed in the itinerary, tips to tour Directors, motor coach drivers and local city guides, items of a personal nature, excess baggage, expenses, fees or costs incurred in case of illness, or of refusal of entry, detention in, or expulsion or repatriation from a country or part of a country. The Company is not liable for any expense, costs or loss incurred in relation to such matters. You agree not to hold the Company responsible for any such things.

INSURANCE

You should immediately after purchasing any travel product arrange your own insurance. The Company recommends travel insurance (where available) against loss of deposits through cancellation charges, baggage loss, medical expenses, theft and the insolvency of the Company or any of its suppliers. The Company makes no representations or guarantees concerning reimbursements of funds paid by you under any insurance claim. You agree not to hold the Company responsible for any decision made by insurers, and/or by any suppliers, or requirements of any overseas country or governmental authority or overseas laws and policies.

You will need to be aware that some insurers may not cover countries that are sanctioned by the United Nations. These countries may include Central African Republic, Crimea and Sevastopol, Democratic People's Republic of Korea (North Korea), Democratic Republic of the Congo, Eritrea, Former Yugoslavia, Guinea-Bissau, Iran, Iraq, ISIL (Da'esh) and Al-Qaida, Lebanon, Libya, Mali, Myanmar, Russia, Somalia, South Sudan, Sudan, Syria, The Taliban, Ukraine, Yemen and Zimbabwe. Additionally, insurers may not cover countries or regions that are the subject of a ‘Do not travel’ warning issued by the Australian Government. These additional countries may include Venezuala, Afghanistan, Burundi, Chad and Mali. Please read the Product Disclosure Statement when purchasing an insurance product.

PASSPORTS, VISA, VACCINATIONS, AND BAGGAGE

A visa does not guarantee you entry to a country or permission to remain in it. Some countries may refuse entry because of your health, condition, or other circumstances or for other reasons, or may detain, expel or repatriate you. It is your responsibility to find out about applicable entry and other requirements of overseas countries you are intending to visit. These things are not our responsibility.

It shall be your responsibility to be aware of the safety, local conditions and issues that may exist at your travel destination. We recommend that you contact the Department of Foreign Affairs and Trade (DFAT) or visit their website www.smartraveller.gov.au for current travel advice. Scoopon accepts no liability in this regard.

You should check with the embassies or consulates or other authorities of the countries in which you intend to travel for any health, entry or visa requirements that are applicable and you should make the appropriate disclosures as required. A failure to disclose a health condition may result in the applicable country refusing you entry, or in you being detained, expelled or repatriated from it.

The Company and/or its servants and agents accept no responsibility if you are refused entry into the country/countries of your destination. The Company and/or its servants and agents are not liable for any expenses, costs liabilities or loss incurred in relation to such matters. You agree to not hold the Company including its servants and agents responsible for any such thing. The Company/and or its servants and agents are not responsible for any disclosures of a health condition made by other suppliers who provide services on the holiday or for the acts of any governmental instrumentalities of the countries connected to your holiday.

You are responsible for all visas, entry, health and other requirements and any documents required by laws, regulations, orders and/or requirements of countries visited. The Company and/or its servants and agents are not responsible for passport and visa requirements or for any loss you sustain for failing to comply with laws, regulations, orders and/or requirements of countries visited.

ROOM BEDDING GUIDE

All prices on this website are based on existing bedding in the room. Requests for particular arrangements must be made at the time of booking (for example, twin share, separate beds, additional rollaway beds may be arranged at time of check-in and additional charges may be payable direct to the hotel). Some hotels may also have maximum capacity for particular rooms.

PRICING, VALUE, AND SAVINGS

We calculate the percentage off in our 'Limited Time Lux Exclusive' deals based on the ‘rack rate’ of the room and the inclusions at the time the deal is live for the validity period of the deal (that’s hotel-speak for ‘Recommended Retail Price’). Hotels may change accommodation charges depending on peak seasons, low seasons and events so we use the rack rate which is consistent through the year and 100% verifiable. The value and comparative savings have been determined based on the resort's published rack rates and the value of inclusions. Please be advised that rack rates may not be reflective of actual rates being charged, dependent on the timing and manner of your booking and therefore are only indicative of the level of saving.

EXPERIENCES

Vouchers: Use and redemption of a scoopon.com.au voucher

Vouchers will be accessible via your scoopon.com.au account. Your voucher will not be emailed to you and will only be accessible via your account. We cannot be held liable nor responsible for any loss suffered as a result of a voucher not being received by you due to circumstances beyond our reasonable control.

All vouchers sold on the Website are offered on behalf of third party Vendors. Any voucher you purchase shall be redeemable only for the specified goods or services from the relevant Vendor of the goods and services and shall only be available for redemption during the period specified on the voucher. The Vendor, and not scoopon.com.au, is the seller and supplier of the goods and services to which the voucher relates and is solely responsible for honouring any voucher you purchase.

In relation to goods provided by a third party on redemption of a voucher, you acknowledge that the third party vendor is the supplier of the goods, and not scoopon.com.au.

To the extent permitted by law (including the Australian Consumer Law), we make no warranty or representation regarding the standard of any goods or services to be supplied by the Vendor.

The voucher does not function as a stored-value card and cannot be redeemed incrementally, unless otherwise specified by the voucher. The voucher cannot be exchanged or redeemed for cash. A voucher cannot be combined with any other discount or promotional offer unless specified by the Vendor.

Neither scoopon.com.au nor the Vendor is responsible for lost or stolen vouchers or fraudulent use (by a person other than scoopon.com.au or the Vendor) of the voucher’s unique reference number.

Vouchers may contain terms and conditions (“Fine Print”) that supplement, and are to be read as in addition to, this Agreement. In the event of any inconsistency between the Fine Print and this Agreement, the Fine Print will prevail.

Vouchers may be transferred, assigned or gifted to other persons (“Gift Recipient”) and may be redeemed by the Gift Recipient in accordance with this Agreement.

Vouchers: Availability of goods and services and scheduling

You agree and acknowledge that:

·       where Vendors offer services on the basis of “sessions” or otherwise on a time basis, the advertised duration may be indicative and approximate;

·       the Vendors are under no obligation to give you priority over other, full paying or ordinary customers in respect of booking or scheduling for their services, and all services are rendered subject to availability;

·       where Vendors offer an experience based on an itinerary or schedule of events, the scheduling of or order for those events may vary from time to time;

·       the Vendors of certain types of experiences may impose conditions such as a minimum age or other restrictions regarding weight, health or other factors. It is your responsibility to confirm details of any restrictions that may apply from the Vendor prior to purchasing any voucher, or finalising any booking to confirm that you are able to comply;

·       photographs appearing on our Website to illustrate details of offers of Vendors are generally those made available to us by Vendors or chosen by us. They are intended to be indicative only of the services, venues and locations at which services are offered by Vendors. For example, they may depict only one of various venues and locations at which the services are offered and, given your geographic location, this may not be the venue or location applicable to you;

·       a representation on the Website that services will be available over a range of dates does not preclude you from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice;

·       restaurant menus advertised on the Website are indicative only and subject to change without notice; and

·       where Vendors offer a course or series of sessions or treatments (such as beauty treatments and waxing appointments), you agree that these may need to be scheduled at intervals to be determined in consultation with the Vendor, in order to maximise the efficacy of the services provided or to minimise risks to health or wellbeing.

Bookings

All service products are offered by Vendors subject to availability. For all products that require bookings, we recommend making bookings at least THREE (3) weeks in advance. Peak times (such as weekends or holidays) should be booked further in advance (and will often be limited).

We do not guarantee that services will be available at your preferred date and time.

Bookings are made subject to any supplier policies.

If you cancel your booking you may incur a cancellation fee payable to the supplier. Short notice cancellations may result in the cancellation of your voucher if the supplier is unable to fill your space. In that regard, the cancellation policies of the Vendor will apply at all times. Please ensure that you check the cancellation policies of the Vendor before booking.

If required by the Vendor, you may need to produce the voucher prior to the service being performed or product being provided. In the event that you forget, lose, misplace or have the voucher stolen, you will be required to produce another copy of the voucher. Neither scoopon.com.au nor the Vendor shall be required to provide any refund or a replacement booking or product, in the event that you fail to produce a voucher upon request.

Voucher expiry and extension

The voucher expires on the date indicated on the voucher.

Expired vouchers are non-refundable in whole or part. Once expired, vouchers are no longer valid and will not be honored by the Vendor.

Some Vendors may experience a large volume of bookings towards the conclusion of the validity period. It is strongly recommended that all bookings are made well before the conclusion of the validity period. No refunds will be issued in the event that you are unable to have the service performed due to unavailability of bookings.[PP1] 

LIABILITY

All information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated. You understand that we do not control and are not responsible for content made available through the website unless it originates from us. Consequently, by using the website you may, contrary to this agreement and our intentions, be exposed to content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk.

In the absence of its own negligence neither the Company nor any agent or affiliate shall be liable for any loss or damage to baggage or property, or for injury, illness or death, or for any damages or claims whatsoever arising from loss, negligence, delay or from the act, error, omission, default or negligence of any person not its direct employee or under its exclusive control, including any act, error, omission, default, or negligence of any country, government or governmental authority, officer or employee. Neither the Company nor any agent or affiliate is responsible for any criminal conduct by any third parties.

All bookings agreed to be made by the Company with the provider of any transport or other services are subject to the terms and conditions imposed on such suppliers in relation to matters that may not be expressly the subject of our agreement with them and, in particular, to the applicable laws, requirements and policies of any government, governmental authority or employee including, visa, entry, exit or transit.

The Company does not accept responsibility or liability for any acts, omissions or defaults whether negligent or otherwise, of suppliers. Neither the Company, nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever for the acts, omissions or defaults (whether negligent or otherwise) of any governmental authorities, their officers, or employees or of any employees, or agents of airlines, air carriers, coach operators, other land carriers, shipping companies or operators, cruise or ferry operators, any other transport providers, hoteliers or other accommodation providers, any other facilities providers, tour directors, tour guides, travel agents, or the providers to you of meals, other goods or other services on your holiday or in relation to it and over whom the Company, its agents or affiliates have no direct control.

Neither the Company nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever including but not limited to contract, in tort or under any other law for any injury, damage, loss, delay, additional expenses or inconvenience caused by your own acts and/or omissions, or other events which are beyond their control including force majeure or other events including but not limited to war, civil disturbance, fire, floods, severe weather, acts of God, acts of government or any other authorities, failure of equipment or machinery.

Neither the Company nor any agent or affiliate accepts any liability or responsibility for any terms, conditions or requirements of any third party who provides some service in the course of your holiday. If you decide that you do not want to visit a country or part of a country you intended to visit because of any law, condition or requirements of any government or governmental authority, official, servant or agent, you are responsible for any costs, expenses, charges, fees, losses or damage incurred as a consequence and any cancellation or amendment fees.

Neither the Company nor any agent accepts any responsibility or liability for your acts, omissions, defaults, conduct, and state of health, condition or circumstances. Every effort is made to ensure website accuracy at all times. However, the Company cannot be held responsible for printing or typographical errors or errors arising from unforeseen circumstances.

LIMITATIONS OF LIABILITY

The Company arranges your holiday, which will be provided by other suppliers. The Company sells holidays in Australia and internationally that are arranged by the Company or by entities related to or affiliated with it. The Company provides you and other passengers with bookings, arrangements, ticketing and other ancillary and related services.

The Company does not itself provide the transport, accommodation, meals or other facilities described on this website that you may receive on your holiday, all of which are provided by air and land carriers, cruise operators, hoteliers or suppliers of other services as principals.

The Company bears no responsibility as an intermediary and cannot be held responsible in case of damage caused to you by any of our suppliers, caused by you to our suppliers. You therefore commit to indemnify and hold harmless the Company against all damages or claims made by you. The above provisions do not apply to benefit the Company if the cause of the loss or claim against the Company arises directly as a result of a breach of any of these terms by the Company.

INDEMNITY

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.

LINKS TO THIRD PARTY WEBSITES

The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them.

The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.

STANDARD OF SERVICE

The standard of service in your holiday is based on various factors and neither the company nor its servants or agents represent or guarantee the standard or fitness for purpose of the accommodation or services provided.

COMPLAINTS OR PROBLEMS

We endeavour to ensure that the arrangements we have made for you are implemented as arranged. If a problem occurs, the most practical way to deal with it is to attempt resolution locally with the supplier (such as the hotel, tour operator or airline).

If you fail to follow this course, any claim for compensation may be reduced or denied. If you have any unresolved complaint, details should be lodged in writing (with supporting documentation, including efforts made with the service provider to resolve it) directly to the Company within 30 days of return to your home country.

We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any merchant. If you wish to make a complaint in respect of a merchant, you must email that complaint to support@scoopon.com.

Notwithstanding the nature of the complaint, Refunds will only be provided in accordance with our Refund Policy.

INTELLECTUAL PROPERTY

We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

Other trademarks used on the Website that belong to third parties are used with their consent and remain the intellectual property of that party.

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved products or services we provide.

CHANGE OF CONTROL

Subject to relevant laws, if we merge, sell or otherwise change control of our business or this Website, we reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Information, content and rights that we have collected from you and any agreements we have made with you.

COMMUNICATION BY US

As a condition of registering for Scoopon, you consent to us sending you Administrative Emails and Promotional Emails. In this document:

• 'Administrative Emails' involve details of account activity and purchases you have made

• 'Promotional Emails' consist of product information and new offers. You may choose to opt-out receiving promotional emails anytime by simply clicking the unsubscribe button at the bottom of our emails. More details about these emails can be found in our Privacy Policy

SCOOPON CREDIT

If your registration on our Website is cancelled or terminated by us in accordance with these Terms and Conditions, any accrued Credits will be forfeited.

You may apply Credits to the purchase price of any ‘land only’ package in the same category as your original purchase (i.e. ‘Limited Time Lux Exclusive’ package etc) with Scoopon (excluding standalone flights or any flight component of an accommodation / flights package). For example, if you have $200 Credits and wish to purchase a package which costs $500, you would also need to spend $300 on your credit card along with $200 Credits to purchase the deal.

We reserve the right to alter the amount and ratio of Credits we grant at our absolute discretion. We also reserve the right to cancel members Credits if they have breached these Terms and Conditions.

Credits will expire 12 months after they have been credited to your account (unless such other period is stated by Scoopon in writing in a particular promotion or campaign). Credits are not transferable or assignable and cannot be redeemed in any way other than in accordance with this clause.

GOVERNING LAW

This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria.

PAYMENT FEES

The below payment fees (Payment Fees) apply to each purchase where such payment method is utilised. The actual Payment Fee will be included in the price breakdown at checkout once the payment type has been selected.

No Payment Fee will apply when using a Luxury Escapes Gift Cards or Luxury Escapes credit or as otherwise stated below.

Payment Fees are not refundable except where your purchase is refunded pursuant the relevant refund policy applicable to your purchase. Luxury Escapes reserves the right to amend the fees outlined above at any time.

DEPOSIT TERMS

Luxury Escapes provides the option for its customers to secure dates on certain ‘Limited Time LUX Exclusive’ and ‘Tours or Cruises’ packages or refundable Lux Premium Collection offers by paying a 50% deposit of the total amount of the relevant package (plus any service fee as outlined below) with the balance due at a later time.

Eligibility

• The Deposit option will be available on certain ‘Limited Time Lux Exclusive’ hotel, tour and cruise packages and ‘Lux Premium Collection’ packages (excludes non-refundable rates) and where the purchase is made at least:

• 61 days in advance for ‘Limited Time Lux Exclusive’ packages; or

• 105 days in advance for Tours or Cruises; or

• 16 days before the free cancellation ends for refundable Lux Premium Collection packages. See ‘How it works’ below.

This option may be available for customers purchasing through www.luxuryescapes.com in Australia and internationally where indicated (excluding India).

If the Deposit option is available for a particular purchase it will be shown at the payment section of the shopping cart (noting that not all Limited Time Lux Exclusive / Tour / Cruise and Lux Premium Collection packages will have the Deposit option available even if they satisfy the requirements outlined above). Further, any bookings already within the 16 / 61 / 105-day travel window will not have this option available.

For the avoidance of doubt, the Deposit option will not be available on any flights (or the flight component of a flights + accommodation package), insurance, experiences or Gift Card purchases.

How it Works and Costs

• Where the Deposit option is utilised the customer will pay 50% of the purchase price (plus a service fee of up to 4.95% on the balance, unless otherwise stated, as outlined below) with the balance being paid:

  • Limited Time LUX Exclusive hotel offers: 61 days prior to check-in

  • Limited Time LUX Exclusive tour or cruise offers: 105 days prior to departure

  • LUX Premium Collection offers: 16 days before free cancellation ends (not applicable for non-refundable packages)

    • This means, if free cancellation is until 7 days prior to check-in, the deposit would be eligible for 7+16 days, and the remaining balance would be charged 7+15 days prior to check-in.

The balance may be paid as follows;

• Single payment – a single payment being remitted by the balance due dates outlined above.

• Monthly payments - equal monthly payments being paid each month from the date of purchase with the final amount paid by the balance due date;

• Fortnightly payments - equal fortnightly payments being paid each fortnight from the date of purchase with the final amount paid by the balance due date;

• Weekly payments - equal weekly payments being paid each week from the date of purchase with the final amount paid by the balance due date;

To utilise this option

• Customers must use their credit / debit card or Apple / Google pay. No other payment options are available.

• Given customers must also choose dates to be eligible for this payment option, the Deposit Option does not apply where ‘Buy now, choose dates later’ option is utilised.

• In addition, and in order to access the Deposit option, there will be an additional service fee of up to 4.95% (unless otherwise stated) of the balance of the purchase price payable by the customer, which will be charged at the time of purchase (at the same time the initial deposit is paid). The exact deposit required and/or service fee may vary but will be shown during the booking process.

*For example, if a A$3,000 package is purchased with a 50% deposit option available, then a 50% deposit plus a service fee of (by way of example) 4.95% on the balance will be paid up front with the balance payable at the time of the relevant cut-off date (16 days prior for refundable Lux Premium Collection offers, 61 days for Limited Time Lux Exclusive hotel or 105 days for Limited Time Lux Exclusive tour or cruise offers as the case may be) – therefore, in such example $1,500 (50%) plus $74.25 (being the service fee of 4.95% on the $1,500 balance) is paid upfront and, where the ‘Single Payment’ option is selected, a further amount of $1,500 (being the balance of the purchase price) being paid on the relevant cut-off date prior to departure (as outlined above) - with an amount of A$3,074.25 being paid in total for the package.

• In the event that the balance of the purchase is not paid 16, 61 or 105 days (as the case may be and as advised to the customer) or the card provided by the customer fails then the customer will receive a notification of such failure.

• Additionally for Limited Time Exclusive offers only, in the event that you fail to pay the remaining balance, you will receive the deposit back as a Luxury Escapes credit which will be valid for 90 days. However, the service fee will not be refundable.

• For all other offer types a Deposit paid to Luxury Escapes will not be refundable except where the refund is made pursuant to our ‘7-day Change of Mind Guarantee’ (note however the service fee will not be refundable even if cancellation occurs within 7 days). In addition, where your purchase has the option to refund to credit (which will be expressly set out in the ‘Fine Print’ of the offer) then in the event you cancel by the required date then you will receive the deposit back (plus any instalment amount paid in accordance with the above) as a Luxury Escapes credit which will be valid for 90 days (note the service fee which will not be refundable). Further, in the event that an instalment payment option is selected and any instalment payment fails after 3 attempts then the order will be cancelled and any deposit amount along with any instalment amounts paid will be refunded to the customer in Luxury Escapes credit valid for 90 days.

Please note: other deposit options (both in terms of the % deposit paid up front and % service fee) may be available on your package which differ from the above and which will be outlined in the ‘fine print’ and payment section of the specific package being purchased.

SURVEY PRIZE - TERMS AND CONDITIONS

Schedule to conditions of Entry

Promotion Name: 2023 Customer Research Survey

Promotion Type: Game of Chance - Consumer

Promoter: Luxury Escapes (Lifestyle Brands – Scoopon, Cudo, Deals, Treat Me)

Entry Restrictions: The promotion is open to Australian residents aged 18 years or over who complete Customer Survey, excluding those persons listed in clause 3 of the Conditions of Entry.

Promotion Period: The Promotion will be held online via the 2023 Customer Research Survey from 9am AEDT on 02/03/2023 and closes at 11:59pm AEDT on 19/03/2023. No entries will be accepted before or after this time.

Verification Requirements: The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

Entry Procedure: To enter, eligible individuals must complete the Promoter’s survey during the Promotion Period and enter their mandatory contact details including their full name, valid email address and phone number and submit the fully completed survey during the Promotion Period.

Maximum Number of Entries: Only one (1) entry permitted per person.

Draw Details:

Date:23/03/2023

Time: 10am (AEDT)

Location: Level 4, 68 Clarke St, Southbank 3006

Draw Method: Random Computer Selection

Prize Details: The first valid entry drawn will win a $500 electronic Gift Card to be used on the Scoopon/Deals/Cudo or Treat Me site (which brand will depend on which brand survey they completed and submitted an entry for). There will be 2 x $250 electronic Gift Card runner up prizes.

Prize Restrictions (if any): Any ancillary costs associated with redeeming the Scoopon/Deals/Cudo or Treat Me Gift Card are not included. Any unused balance of the Scoopon/Deals/Cudo or Treat Me Gift Card will not be awarded as cash. Redemption of the Scoopon/Deals/Cudo or Treat Me Gift Card is subject to any terms and conditions of the issuer including those specified on the Scoopon/Deals/Cudo or Treat Me Gift Card.

Total Prize Pool: $1000

Notification of Winners: The winners will be notified by email within two (2) business days of the draw.

Prize Claim Date: Prizes must be claimed by 12:00pm AEDT on 29/3/2023.

Unclaimed Prize Arrangements: If the Prizes are not claimed by the Prize Claim Date or a drawn entrant is deemed invalid in accordance with the Conditions of Entry, a further draw shall take place

Date: 30/3/2023

Time: 10am AEST

Location: Level 4, 68 Clarke St, Southbank 3006

Publication Date: NA

Additional terms – Privacy: In addition to the privacy term set out in the Conditions of Entry, if the entrant has ticked the “opt-in” box and entered the competition the entrant hereby agrees that the Promoter may send marketing material to the entrant. Promoter may also use personal information entrants provide to send information to entrants about the Promoter’s (or its related entities) products and services (including via electronic means), and may disclose the information to its related bodies corporate, agencies and contractors (including call centres, advertising agencies and direct mail houses) the Promoter.

Conditions of Entry 

1.     Instructions and information on how to enter form part of these Conditions of Entry. Participation in this Promotion constitutes acceptance of these Conditions of Entry (and Schedule). 

2.     Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.

3.     Directors, management, employees and contractors of the Promoter and those of any agencies, retailers and suppliers associated with this Promotion and the immediate family members of these people are ineligible to enter. “Immediate family member” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manger, employee, officer or contractor.

4.     The Promotion will be conducted during the Promotion Period.

5.     Eligibility to enter the Promotion is subject to the Entry Restrictions.

6.     To enter the Promotion, entrants must complete the Entry Procedure and comply with all other applicable requirements during the Promotion Period. Entries must be submitted in accordance with the Entry Procedure and will not be accepted in any other form. No responsibility is accepted by the Promoter for late, lost, misdirected, ineligible or indecipherable entries (including lost, stolen, forged, defaced or damaged proof of entry or things required by the Verification Requirements). The Promoter and/or its representatives may conduct security and/or verification checks (including enforcement of the Verification Requirements) in their absolute discretion to determine the bona fides of an entrant’s eligibility to enter the Promotion. Ineligible entries will be deemed to be invalid.

7.     Where an entry is deemed invalid (at the Promoter’s absolute discretion) prior to the Prize Claim Date, the Promoter may determine a new winner in accordance with the Unclaimed Prize Arrangements.

8.     The Promoter’s decisions in connection with the Promotion are final and no correspondence will be entered into. 

9.     All entries and the content contained in those entries become the property of the Promoter. Once submitted, no changes to or withdrawal of an entry will be permitted. Entries will not be returned by the Promoter.

10.  Entries must be received by the Promoter and will be deemed to have been received at the time of receipt by the Promoter. Online entries are deemed to have been received at the time of receipt into the Promotion database and not at the time of transmission by the entrant. 

11.  The draw will be conducted in accordance with the Draw Details. The first valid entry randomly drawn will win the Prize. If a winning entry is invalid, that entry will be disregarded and the prize will be awarded by drawing the next valid entry in accordance with these Conditions of Entry.

12.  Winners will be notified in accordance with the Notification of Winners and Publication Details. Winners’ names and State/Territory of residence will be published as specified in the Schedule. The Promoter and the companies and agencies associated with this Promotion may also publish the name and State/Territory of the winners on their website(s).

13.  The Prize is specified in the Prize Details. The Prize is subject to any restrictions specified in the Schedule. The Total Prize Pool is specified in the Schedule.

14.  The Prize is not transferable or exchangeable and cannot be taken as cash. If the Prize is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the approval of any relevant authority. The Promoter and its representatives will not be liable for any damage to or delay in transit of prizes.

15.  The Promoter accepts no responsibility for any tax implications that may arise from winning of the prizes. Independent financial advice should be sought.

16.  The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, communication network, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any error, omission, alteration, tampering, deletion, theft destruction, transmission interruption, communications failure or otherwise, any injury or damage to entries or to participants’ or any other person's computer related to or resulting from participation in or downloading any materials in this Promotion. If the Promotion is not capable of being conducted due to circumstances beyond the Promoter’s control, including due to any technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the Promotion subject to approval from any relevant authority.

17.  The Promoter reserves the right to disqualify all entries from any entrant who tampers with, or benefits from tampering with, the entry process or the Promotion. Entrants can enter the Promotion up to the Maximum Number of Entries. Entries must be submitted separately and each entry must individually meet the Entry Requirements and be subject to the Entry Restrictions. Automatically- or computer-generated entries will not be accepted.

18.  The Promoter may, in its sole discretion, declare any or all entries made by an entrant invalid, and/or prohibit further participation by an entrant in this Promotion or a prize event/activity if the entrant:

a.     disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion; or

b.     engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter’s goodwill or reputation. 

19.  The Promoter and its agencies and representatives associated with this Promotion will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to this Promotion or the awarding or taking of the prizes except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law). 

20.  The Promoter may use any personal information entrants provide in connection with this Promotion for the purpose of the Promotion, and also in advertisements, publications, media statements and other promotional material associated with the Promotion. The Promoter may disclose the information for those purposes to its related bodies corporate and contractors. If entrants do not provide the information requested, they will not be able to enter the Promotion. The Promoter is bound by the National Privacy Principles contained in the Privacy Act 1988 (Cth). A copy of the Promoter’s privacy policy can be viewed at www.thehome.com.au/privacy. To request access to, or to update, personal information the Promoter holds about them, entrants can contact the office of the Promoter (an administrative fee may be imposed to access personal information).