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Terms & Conditions
CONSTELLATION HOTEL GROUP 'CONSTELLATION GIFTCARD' PROGRAM
Definitions
'Customer' means a customer who has been issued with a Gift Card by the Promoter pursuant to the Program and is the specified holder of the Gift Card;
'Gift Card' means the smart chipped card device issued to the Customer containing the relevant Designated Gift Card Value pre-loaded;
'Gift Card Co-ordinator' is the person from the Promoter responsible for the processing Gift Card enquiries and requests.
'Program' means the Constellation Gift Card Program, as governed in accordance with these Terms and Conditions;
'Promoter' means Touraust Hotels Pty Ltd (ABN 65 065 297 403) of 151 Darley Rd, Manly, NSW 2095;
'Program Redemption Options' means any goods and or services available for purchase at participating Constellation Gift Card venues. The promoter has the right to change the Program Redemption Options at their discretion at any time. All Program Redemption Options are subject to the Customer making a reservation in accordance with these Terms and Conditions.
'Program Period' means the period during which the Program will be conducted, which period shall commence on 1st May 2006 and will continue until such time as the Program is formally terminated by the Promoter in accordance with these Terms and Conditions;
'Participating Hotels' means those hotels listed at www.constellationhotels.com as participating hotels for the Program.
'Purchaser' means a customer that orders and purchases a Gift Card from the Promoter pursuant to the Program.
Use of Gift Card and Participating Hotels
1. The Customer must make their reservation for a Participating Hotel via Constellation’s Central Reservations and then present the original Gift Card at time of check-in and check-out at the Participating Hotel if he/she wishes to redeem the Designated Gift Card Value in exchange for Program Redemption Options.
2. Gift Cards purchased using Qantas Frequent Flyer points are only available for redemption at selected Chifley and Country Comfort hotels.
3. Copies of Gift Cards will not be accepted. Gift Cards will be deemed void if altered in any way. The Participating Hotel may refuse a damaged Gift Card or any Gift Card it reasonably suspects has been altered, stolen or is not valid.
4. Gift Cards or Program Redemption Options bought with them, are not redeemable for cash or credit. If there is insufficient Designated Gift Card Value on the Customer’s Gift card/s to redeem the selected Program Redemption Options in full, the Gift card/s can be used in conjunction with part-cash payments for the Program Redemption Options. Gift cards can be used only in accordance with these Terms and Conditions.
5. Gift Cards are only valid in Australia for Program Redemption Options at a Participating Hotel.
6. Participating Hotels may change from time to time (as determined by the Promoter in its discretion) and an up-to-date list may be obtained from the Constellation Hotel Group Gift Card website located at www.constellationgiftcard.com, or by calling Central Reservations. All Participating Hotels listed are correct at the time of the printing, and it is the sole responsibility of the Customer to check whether a particular hotel is a Participating Hotel, prior to making the reservation.
7. Designated Gift Card Value can only be used to redeem Program Redemption Options. Any and all other accommodation and/or travel costs and expenses incurred in the course redeeming a Gift card pursuant to the Program are the sole responsibility of the Customer (as incurred).
8. A Gift Card may not be 'topped up' with additional Gift Card Value to that already pre-loaded onto the Gift Card at the point of issue. Any additional Gift Card Value will require the purchase of a new Gift Card and Gift Card Value, in accordance with these Terms and Conditions. The Customer may, however, redeem Gift Card Value, in exchange for Program Redemption Options, using two or more separate Gift Cards at the same time.
9. The Promoter reserves the right in its absolute discretion to vary the formats and denominations of Gift cards and Designated Gift Card Value supplied during the Program Period, and the value of a Designated Gift Card Value is subject to change without notice.
Reservations for Program Redemption Options
10. Customers must make a reservation in order to use their Gift Card for Program Redemption Options. All reservations for Program Redemption Options at a Participating Hotel must be made via Constellation's Central Reservations on their published telephone number or via the Constellation Gift Card website www.constellationgiftcard.com.au, and the Customer must quote the relevant Gift Card number and must also quote a credit card number when making the reservation.
11. Reservations at Participating Hotels are subject to allocation and the availability at the time of reservation. Blackout dates may apply to seasonal periods, including school holidays and public holidays and/or any special events periods. Room allocations fill quickly during special events, school holidays, public holidays and weekends, and no guarantee can be given that a particular room will be available at any Participating Hotel, or for the days that the individual Customer may prefer.
12. If a Customer wishes to cancel his/her reservation, he/she must do so by contacting Central Reservations and advising of the relevant cancellation ('Cancellation Notice'). If the Customer fails to give the Cancellation Notice by 6pm on the day before the scheduled date of arrival at the relevant Participating Hotel pursuant to the reservation, the Promoter, or the relevant Participating Hotel will be entitled to deduct the requisite Designated Gift Card Value in relation to the reservation as a cancellation fee. If there are not enough Gift Card Value on the Customer's Gift Card/s to cover the applicable cancellation fee, then the relevant Participating Hotel may, in its discretion, issue an invoice to the Customer or with the Customer’s consent, charge the Customer’s credit card for the balance of the amount owing.
Purchase, Payment and Delivery of Gift Cards
13. Gift Cards can be ordered online at www.constellationgiftcard.com or by calling Central Reservations on 1300 650 464 or purchased from selected Constellation Hotel Group properties. Orders made online must be purchased using a credit card. Orders made via Cental Reservation must be purchased by cheque or credit card.
14. A Purchaser must purchase at least AUD$100.00 value per Gift Card but may not purchase more than AU$1000.00 for each individual Gift Card. If more than AU$1000.00 value is required, more than one Gift Card must be purchased.
15. Orders for purchasing Gift Cards will only be dispatched when full payment (of the amount equating to the value pre-loaded on the card, in each case) is received by the Promoter (including any service or postage charges) in accordance with these Terms and Conditions. Refunds and exchanges are not available after full payment is received.
16. Orders will be dispatched within 10 business days of receipt of the order and payment in full on a regular post service, express post is also available at an additional charge. Valid orders and payment in full must be received by 10am if the day of receipt of the order is to be included in the 10 business day period. If payment is made by way of cheque, an additional 5 business days must be allowed prior to dispatch of an order.
17. GST: Australia; all stated prices are inclusive of GST unless otherwise stated. Any other taxes, charges, fees or duties that are, or may be levied on such prices or Program Redemption Options must be paid for by the Purchaser unless otherwise stated.
18. Payment for a Gift Card may be made by any of the following means:
i) Cheque payable to Constellation Hotel Group, allowing 5 business days for clearance (orders via Central Reservations only);
ii) Credit card (Amex, Diners, Mastercard, Visa, Bankcard).
20. The Promoter is not responsible for any incorrect or inaccurate information submitted during the ordering process, either caused by the Purchaser and/or Customer or by any of the equipment or programming associated with or utilised in this Program, or by any technical error that may occur in the course of the administration of this. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of orders and/or other information submitted in connection with this Program.
Delivery
21. Gift Cards will be delivered by post. The Promoter and any Participating Hotels will not be held liable for any loss as a result of a Gift card being lost, stolen or damaged once dispatched for delivery by the Promoter.
22. The Purchaser is responsible for informing the Promoter of the correct contact name(s) and address(es) for invoicing and for delivery of the Gift Card. Changes to orders must be made in writing and forwarded by mail, email or fax to the Gift Card Co-ordinator. Changes made via telephone will not be accepted. Changes to orders will only be possible prior to an order being processed by the Gift Card Co-ordinator.
Expiry Date of Cards
23. Gift Cards will be valid for 12 months from that date of issue ('Validity Period').
Lost/Stolen Cards
26. Should a Gift Card be lost or stolen, the Customer should contact the Gift Card Co-ordinator immediately and quote the individual Gift Card identification number (appearing on the back of the Gift card). It is recommended that Customers keep a separate record of the individual Gift Card identification number in the event of loss or theft, for this purpose. Once the Customer quotes the identification number, the Promoter will endeavour to ensure that the microchip authorisation code which identifies each individual Gift Card is deleted from the Program in order to minimise the risk of unauthorised use of the Gift Card.
27. The Customer is not entitled to a cash refund of any unused Gift Card Value on a lost, stolen, forged, damaged, or tampered Gift Card.
28. A Customer may make a written application to the Gift Card Co-ordinator (enclosing a $30 administration fee in the form of a cheque or money order) for a replacement Gift Card in the event of a lost or stolen Gift Card. Before a replacement Gift Card can be issued, the Promoter must receive from the Customer sufficient information of the lost or stolen Gift Card to de-activate it (generally the Gift Card identification number of the lost or stolen card will be required). In those cases where the Promoter has been able to successfully de-activate the lost or stolen card, it may issue a replacement Gift Card (with the relevant remaining balance of Gift Card Value, as determined by the Promoter in its discretion) to the Customer. In the event that the Promoter is not able to successfully de-activate the lost or stolen Gift Card, a replacement Gift Card will not be issued and the $30 administration fee will be returned.
29. The Promoter does not accept any responsibility for lost, stolen or damaged Gift Cards or for the un-authorised use of any Gift Card. While the Promoter will endeavour to ensure that a chip authorisation code for any lost or stolen Gift Card is deleted as soon as possible after notice is received from the Customer by the Gift Card Co-ordinator, there is no guarantee that this will prevent the unauthorised use of the Gift Card, and no representation or warranty is made by the Promoter or any Participating Hotel in this regard.
Liability
30. To the extent permitted by law, the liability of the Promoter and any Participating Hotels, to any Purchaser and Customer, in relation to the conduct and administration of the Program, is limited to the cost of the re-supply of a Gift Card (with the relevant Designated Gift Card Value originally purchased, save that where the Promoter determines that part of the Designated Gift Card value has already been redeemed by the Customer, it will award the balance of the Gift Card value, as determined by the Promoter in its discretion, with the replacement Gift Card).
Dispute
31. In the event of any problem or dispute arising in relation to the Gift Card, or any Program Redemption Options purchased with the Gift Card, or any other dispute in relation to any matter concerning the conduct or administration of the Program, the Promoter may authorise the Gift Card Co-ordinator to consult with the Customer or Purchaser (as the case may be) in order to resolve the dispute, but this does not create an obligation on the Promoter to do so.
32. Any and all decisions of the Promoter in relation to any aspect of this Program will be final and binding on the Customer and Purchaser.
Acceptance of Terms
33. The submission of an order will be deemed to constitute acceptance of these Terms and Conditions.
Right to Change, Modify and Amend
34. These Terms and Conditions are subject to the specific terms and conditions of each Participating Hotel and all applicable laws in Australia.
35. The Promoter reserves the right to modify, change and amend these Terms and Conditions in its absolute discretion at any time without notice and without liability. Furthermore, the Promoter reserves the right to terminate the Program in whole or in part in its absolute discretion at any time without notice and without liability.
Permission
36. In order to provide you with a broad range of information in relation to tourism, hospitality and services and to assist in delivering a better service to you, the Promoter may retain the information you have provided in connection with the Program. For details about the Promoter and how we may use your information, and what your rights are under the Privacy laws, please see our Privacy Policy, which is available through the Gift Card Co-ordinator or by contacting the Constellation Hotel Group Privacy Officer.
If you are registering for the Constellation Gift Card Program online, tick the box in the Constellation Gift Card online registration form if you do not wish for Constellation Hotel Group to send you marketing material for goods and services in the tourism, hospitality or service industries or to give your details to members of the Constellation Hotel Group.
If you are registering for the Constellation Gift Card Program via the Central Reservations, opt-in with the operator if you wish for Constellation Hotel Group to send you marketing material for goods services in the tourism, hospitality or service industries or to give your details to members of the Constellation Hotel Group.
Please note that you may elect to stop receiving such information at any time. If you do not wish for the Constellation Hotel Group to send you marketing material for goods or services in the tourism, hospitality or service industries or from another source, then please contact the Constellation Hotel Group Privacy Officer.
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