Business Program Terms & Conditions

1. The Program

The Program enables participating Businesses to offer eligible customers, clients, members, employees or other nominated recipients (“Recipients”) access to holiday and travel rewards.

Depending on the reward selected, a Business may:

1. issue a holiday reward without making a financial contribution towards the Recipient’s holiday;
2. partly fund the Recipient’s holiday; or
3. fully fund the Recipient’s holiday.

The particular inclusions, destinations, accommodation, booking conditions, validity period and other conditions applying to each Holiday Reward will be disclosed in the relevant reward offer and/or Recipient booking terms.

2. Holiday Rewards

A Holiday Reward may provide a Recipient with access to discounted accommodation or travel services, a Business-funded contribution towards those services, or fully funded accommodation or travel services.

Unless expressly stated otherwise, Holiday Rewards:

• are subject to availability;
• must be booked and travelled within the applicable validity periods;
• are not redeemable for cash;
• may be subject to destination, property, room, date and occupancy restrictions;
• may exclude airfares, transfers, meals, taxes, levies, insurance or other travel costs unless expressly included; and
• are subject to the applicable booking and supplier terms provided to the Recipient.

3. Business Contributions

A Business may elect to contribute a specified amount towards a Recipient’s Holiday Reward.

Where a Business Contribution relates specifically to overseas accommodation or other overseas travel services arranged for the Recipient, that contribution forms part of the consideration paid in connection with the relevant overseas travel supply.

The Business acknowledges that the Recipient may be the person to whom the underlying travel or accommodation service is provided even where some or all of the consideration for that service is paid by the Business.

Unless otherwise specified in the applicable Program plan or campaign, a Business Contribution becomes payable when the applicable Holiday Reward is redeemed or booked.

Unused or unredeemed Holiday Rewards do not create an obligation for the Business to pay a Business Contribution unless expressly agreed otherwise.

4. GST — Overseas Holiday Components

Where a supply made or arranged through the Program qualifies as GST-free under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), no Australian GST will be added to that GST-free component.

In particular, section 38-360 of the Act provides for GST-free treatment of qualifying supplies made in the course of carrying on an enterprise as a travel agent where the supply consists of arranging a supply whose effective use or enjoyment takes place outside the Australian indirect tax zone.

The Australian Taxation Office’s Goods and Services Tax Ruling GSTR 2006/9 also recognises that consideration for a supply may be provided by a third party rather than by the recipient of that supply.

Accordingly, where a Business pays some or all of the consideration attributable to qualifying overseas accommodation or travel supplied or arranged for a Recipient, the fact that the Business rather than the Recipient makes that payment does not, of itself, cause the underlying GST-free supply to become taxable.

Because no GST is charged on a GST-free component, no input tax credit arises for the Business in respect of that component.

5. GST — Program and Other Taxable Services

Program membership fees, platform fees, marketing services, administration services or other services supplied to the Business in Australia may constitute taxable supplies and will be subject to GST where required by law.

Where an invoice contains both taxable and GST-free components, those components may be separately identified.

For example, an invoice may identify:

• Business Rewards Program Fee — taxable supply, GST applicable.
• Contribution towards Recipient’s qualifying overseas Holiday Reward — GST-free where the requirements of the GST legislation are satisfied.

The GST treatment of each transaction will ultimately depend upon the nature of the particular supply and the applicable Australian taxation law.

6. Business Tax Treatment

The Program Operator does not provide taxation, accounting or financial advice.

The Business is responsible for determining the taxation treatment applicable to its participation in the Program, including the deductibility of Program costs, entitlement to input tax credits, fringe benefits tax consequences where applicable, and any other taxation obligations.

The Business should obtain its own professional taxation advice where required.

7. Program Fees

The Business must pay any membership, subscription, platform, administration or other Program fees applicable to its selected plan.

Program fees and Business Contributions are separate amounts unless expressly stated otherwise.

Prices for taxable Program services will be stated as GST-inclusive or GST-exclusive as indicated on the relevant invoice, order form or Program page.

8. Issuing Rewards

The Business may issue Holiday Rewards only in accordance with the Program rules and any limits applying to its account or plan.

The Business must not:

• misrepresent the value or inclusions of a Holiday Reward;
• describe a reward as “free” where the Recipient is required to pay for the component being described as free;
• alter Program terms or booking conditions without approval;
• sell Holiday Rewards unless expressly authorised;
• create misleading advertising concerning a Holiday Reward; or
• use the Program for unlawful, deceptive or fraudulent purposes.

9. Business Marketing

Businesses may promote Holiday Rewards as part of their customer acquisition, loyalty, referral, incentive or promotional activities.

All advertising must accurately describe the nature of the applicable reward.

Where a reward provides a discount rather than a fully funded holiday, it must be described as a discount, saving, benefit or Holiday Reward and must not be represented as a completely free holiday.

Where the Business contributes only part of the holiday cost, promotional material must not create the impression that the entire holiday is funded by the Business.

10. Reward Availability

Accommodation and travel inventory is subject to availability.

Specific properties, destinations, room categories or travel dates displayed in promotional material may change or become unavailable.

Where reasonably possible, an equivalent or comparable alternative may be offered where a particular advertised option is no longer available.

Nothing in these Terms excludes any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.

11. Reward Validity

Each Holiday Reward will have a stated validity or booking period.

The Recipient is responsible for redeeming the Holiday Reward within that period.

Extensions may be available subject to the applicable reward conditions and any extension fee disclosed to the Recipient.

12. Recipient Bookings

Once a Recipient elects to redeem a Holiday Reward, the Recipient may be required to accept separate booking terms governing the accommodation or travel services.

The Business is not responsible for managing the Recipient’s booking unless separately agreed.

The Program Operator and/or its travel or accommodation partners will manage booking and fulfilment in accordance with the applicable booking terms.

13. Cancellations and Changes

Cancellation and amendment conditions applicable to a booked Holiday Reward will be disclosed before or during booking.

Once accommodation or other travel services have been confirmed, supplier cancellation and amendment conditions may apply.

Business Contributions already applied to a confirmed booking will be dealt with in accordance with the applicable cancellation terms and any rights available under Australian Consumer Law.

14. Intellectual Property

The Program Operator grants the Business a limited, non-exclusive and revocable right to use approved Program names, promotional materials, images and campaign assets solely for participation in the Program.

The Business must not materially alter Program branding, reward descriptions or legal disclosures without approval.

15. Business Branding

Where available, the Program may allow Holiday Rewards, landing pages, emails, vouchers or promotional material to incorporate the Business’s branding.

The Business authorises the Program Operator to use its name, logo and supplied brand assets for the purpose of creating and administering those materials.

16. Suspension and Misuse

We may suspend or terminate a Business account where we reasonably believe the Program is being used fraudulently, unlawfully, deceptively or in material breach of these Terms.

Where reasonably practicable, we will give the Business an opportunity to remedy a breach before termination unless immediate suspension is reasonably necessary to protect Recipients, suppliers or the Program.

17. Changes to the Program

We may update Program features, available rewards, destinations, suppliers, pricing or these Terms from time to time.

Changes will not remove rights already accrued in relation to a confirmed booking except where required by law or where circumstances outside our reasonable control make fulfilment impossible, in which case applicable consumer-law rights will continue to apply.

18. Liability

To the maximum extent permitted by law, the Program Operator is not responsible for loss arising from circumstances outside its reasonable control, including airline disruption, natural disasters, government restrictions, supplier failure or other events affecting travel.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth) or Australian Consumer Law.

19. Privacy

Personal information collected in connection with the Program will be handled in accordance with our Privacy Policy and applicable privacy legislation.

The Business must ensure that it has lawful authority to provide Recipient information to us where it supplies that information directly.

20. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

The parties submit to the jurisdiction of the courts of New South Wales and applicable Commonwealth courts.

21. Contact

Business Holiday Rewards
Operated by ViaResorts
ABN 50 125 728 627
Wyndham Building, 1 Corporate Court, Bundall QLD, Australia
rewards@viaresorts.com