Member Benefits terms and conditions

Definitions used in these Terms and Conditions:

Member, RACV Member or you means an ordinary, service or relationship member of RACV (as those terms are defined in the RACV By-Laws) who is eligible to use the Rewards Platform.
Product means the offer, benefit, discount or reward accessed or purchased by a Member via the Reward Platform.

RACV, we, us, our means Royal Automobile Club of Victoria (RACV) Limited.

RACV Member Benefits means RACV’s benefits and rewards program for Members that is delivered through the Rewards Platform.

Reward Dollars means credit applied by RACV to your account that can be used to purchase certain Products on the Rewards Platform.

Rewards Platform means the website and any application or payment platform that is associated with the Rewards Platform or provides access to RACV Member Benefits (but does not include the websites and applications owned or operated by Third-Party Providers).

Technology Provider means any company which RACV engages to provide technology services associated with the Rewards Platform. This could include platform management services or Member relationship management services.

Third-Party Provider means the company or person (other than RACV) who provides you with the Product on terms and conditions agreed between you and the Third-Party Provider.

RACV Member Benefits is a benefits and rewards program for RACV Members. It provides you with access to the Rewards Platform, which can be used to obtain various Products.

Your use of RACV Member Benefits is governed by these terms and conditions and any additional terms and conditions posted on the Rewards Platform from time to time ('Terms'). By continuing to use RACV Member Benefits you indicate your consent and agreement to these Terms.

Member access to RACV Member Benefits and the Rewards Platform is managed by RACV. Access to the Rewards Platform is granted to you by RACV and RACV retains the right to allocate, refuse or revoke access to Members for any reason (acting reasonably), including for:

• a breach of these Terms;
• misuse of the Rewards Platform;
• a Breach of RACV’s or a Third-Party Provider’s terms and conditions; or
• suspected fraudulent activity.
• Loss of RACV Membership

It is a misuse of the Rewards Platform to share or distribute the Products or promotional codes with non-Members or other third parties.

The Rewards Platform allows you to set up an account so you can access your information and undertake certain transactions.

You may need to provide your RACV Membership details to access offers on the Rewards Platform, such as a RACV Member number and last name.

You must keep your RACV Membership details confidential. You must not provide your RACV Membership details to any other person and you must not allow any other person to use your RACV Membership details.

You may access Products in different ways, based on the relevant Third-Party Provider’s requirements. This may involve clicking on a website link, utilising a promotional code, completing a registration process, or other processes as specified by RACV or the Third-Party Provider.

You must follow the specified process by the relevant Third-Party Providor to successfully access your selected Products.

Where applicable, expiry dates will be published relating to Products on the Rewards Platform. Rewards cannot be redeemed once the expiry date has passed.

Where a reward is accepted but is unavailable for any reason, RACV and its Third-Party Providers, reserve the right to offer a refund or substitute all or part of any such item with another offer of equal or greater value. All Products are subject to availability (e.g., stock availability) which may not be within the control of RACV.

Individual Products may be subject to separate terms and conditions referred to on the promotional webpages for the reward (such as the Rewards Platform or other specified webpage). Eligibility for these other Products is subject to those additional terms and conditions.

If there is any inconsistency between these Terms and any of those additional terms and conditions, then those terms must be read in the following (descending) order of precedence:

• specific terms for the redemption and supply of an offer or reward;
• specific terms for a RACV Member Benefits promotion;
• these Terms;
• any Third-Party Provider Terms;
• the RACV Privacy Policy; and
• any additional Technology Provider terms.

It is your responsibility to read and accept the Product terms and conditions before redeeming a particular reward.

All Products are for your personal use only and are not transferable in any circumstances.

The supply of merchandise, services, eGift Cards and eVouchers as a Product will also be subject to the terms of the relevant Third-Party Provider, which may include terms in respect of the following (as applicable):

• product or service warranties;
• delivery times;
• delivery costs (if any);
• taxes or duties payable such as GST (if any); and
• any additional out-of-pocket expenses or surcharges associated with the reward, and by redeeming the relevant reward, you acknowledge that you agree with those terms.

Manufacturer’s terms and warranties may also apply to the relevant Products.

Where the delivery of a reward or benefit involves the physical delivery of merchandise, you must ensure that you enter the correct delivery details at the point of purchase or redemption. RACV and its Third-Party Providers will not be responsible or liable for Products, and will not replace Products, that are sent to incorrectly submitted delivery addresses. Delivery will be made by ordinary post (unless otherwise specified on the Rewards Platform and the delivery address must be in Australia.

To the extent permitted by law, RACV will not be liable for any failure caused by Third-Party Providers to provide or supply the relevant Product.

All product prices are in Australian Dollars, inclusive of GST (where applicable). The price of purchasable Products is set by the Third-Party Provider, and the discount is set (where relevant) by RACV.

Payment for Products may be taken by the relevant Third-Party Provider and will be subject to the terms and conditions of purchase of the respective Third-Party Provider.

Benefits and rewards that require payment to a Third-Party Provider will only be processed upon payment in full to the Third-Party Provider (or their agent) including any applicable GST. For any issues with orders placed via the Reward Platform, including cancellations, refund requests, delayed or missing orders or damaged goods, you must contact the Third-Party Provider to resolve those issues.

If a Third-Party Provider fails to resolve an issue, you may escalate their complaint to the RACV Support team by calling 13 72 28 or sending us an email Benefits_and_rewards@racv.com.au.

RACV may seek resolution of the issue on your behalf, however to the extent permitted by law, RACV does not accept liability for any loss or damage. Nothing in this clause affects any rights a Member may have which by law cannot be excluded, including under the Australian Consumer Law and any other Federal State or Territory consumer protection legislation.

At RACV’s discretion, we may credit your RACV Member Benefits account with Reward Dollars to a determined value.

These Reward Dollars may be used as payment for Products which can be purchased on the Rewards Platform.

Reward Dollars will remain in your account until they either expire, or until such time as a Member ceases to eligible to access the Rewards Platform, at which point any remaining Rewards Dollars will be forfeited.

Reward Dollars are also forfeited if the account associated to the Reward Dollars is removed for any of the reasons set out in section 3 of these Terms.

Reward Dollars can only be used for a selected range of Products, as indicated on the Rewards Platform and are not transferable or exchangeable for cash.

Refunds are subject to the terms and conditions that you agreed with the relevant Third-Party Provider prior to completing your purchase or booking.

Refunds on transactions within the Rewards Platform are also subject to approval by RACV.

Third Party Providers may have different or additional conditions. Please check the specific terms and conditions for your Product.

If you wish to amend your Product, the Third-Party Provider may charge an amendment fee which will be advised at time of change. If you cancel your Product altogether, you may incur a cancellation fee. The amount of this charge will vary depending on when the cancellation is made and the terms and conditions of the Product you are cancelling.

Third-Party Providers may also charge cancellation and amendment fees as outlined in their relevant terms and conditions.

Third Party Providers may vary as to their different or additional conditions. Please check the specific terms and conditions for your Product.

In the event of unavoidable or extraordinary circumstances, a Third-Party Provider may materially modify or cancel your Product as set out below.

In these Terms of Use, “unavoidable or extraordinary circumstances” means any cause outside a Third-Party Provider’s reasonable control which could not have been prevented or avoided even if all reasonable measures had been taken by the Third-Party Provider (including, but not limited to, war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity and its consequences, plague, epidemic, pandemic, infectious disease outbreak or any other public health crisis (including quarantine or other employee restrictions), natural or other disaster (such as volcanic ash or hurricanes or similar events), nuclear incident, fire or bushfires, adverse weather conditions (actual or threatened, including snow and fog), closed or congested airports or ports or other modes of transport, unavoidable technical problems with transport, unforeseen alterations to transport schedules, transportation disruptions or cancellations, domestic and/or international travel restrictions, changes to travel advisories and restrictions, changes to health advisories and quarantines, changes to immigration, labour and free-movement laws resulting from BREXIT, rescheduling of aircraft or boats or other modes of transport, changes to applicable laws and/or other government mandates (including evacuation orders and border closures), and similar events).

A material modification is one that has a serious impact on your Product and would cause substantial inconvenience to you (including a change of departure date, departure point or airport, or change of departure time of more than twelve hours).

If your Product is cancelled due to unavoidable or extraordinary circumstances, the Third-Party Provider will offer you a credit in respect of your Product (subject its terms and conditions of Booking) but not a refund.

It is your responsibility to ensure you meet any legal and Product related requirements to purchase, consume or utilise Products.

This clause is relevant (but not exclusive) to the sale of alcohol as well as age and physical requirements for experiences.

You warrant to us that:

• You are at least 18 years old and have the power and authority to enter into a binding contract with us and with the Third-Party Providers of the Products that you acquire.
• You have read these Terms and if booking for third parties, warrant that you have the authority to do so and have provided a copy of these Terms to them. You agree to indemnify us and the Third-Party Provider against any claims from third parties who have not in fact been properly informed.
• The information you provide us about yourself is true, accurate, current and complete (apart from any optional items) as required by any registration process.
• You have read the terms and conditions of any applicable Third-Party Provider and agree to be bound by those.
• You are responsible for checking the accuracy of all documents provided to you.
• If relevant, you accept that Passport/Visa and other required identification documents are your responsibility.
• You understand and agree that due to Covid-19, there may be restrictions in place in relation to the Product you have purchased, for example, some amenities may not be available and/or social distancing rules may apply during your stay. You acknowledge that it is your responsibility to check with the Third-Party Provider directly for their latest information.

You assume any risk involved with participation in the RACV Member Benefits Program.

a. RACV and the Third-Party Providers provide the information for RACV Member Benefits. To the extent permitted by law, RACV Member Benefits and its content and related services are provided on an "as is and as available" basis with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Rewards Platform will be available to Members at all times.

You assume responsibility and risk for your participation in RACV Member Benefits, related services, and hyperlinked websites. To the extent permitted by law, no oral or written information or advice given by RACV, its agents, or its authorised representatives shall create a warranty or in any way increase the scope of this warranty.

RACV is not liable to any other party for consequential, incidental, or indirect loss or damage, including loss of profit (whether consequential, incidental or indirect) resulting from a breach of these Terms by RACV or the negligence of RACV or its representatives.
To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities, and other terms implied or conferred by statute, custom or general law that impose any liability of obligation on RACV are excluded under these Terms.

b. T&C’s: Nothing in these Terms excludes any liability implied or imposed by any laws (including the Australian Consumer Law) that cannot be lawfully excluded or limited.

Where RACV can limit its liability under the Australian Consumer Law, RACV limits such liability to the following (at RACV’s option):

- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or of acquiring equivalent goods; or

- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

c. Content: RACV has made reasonable attempts to ensure the accuracy of information provided in communications and on the Rewards Platform. We cannot guarantee the accuracy of this information, due to the provision of Third-Party Provider content and potential for human error.

If an error is noticed, please inform us by calling 13 72 28 or sending us an email at Benefits_and_rewards@racv.com.au and we will make reasonable attempts to rectify the issue.

a. Third party provider Liability and Data sharing: We are not liable to you for any breach of obligations by the Third Party Provider in providing you with a Product.

The Third Party Provider is liable to you for a breach of obligations in providing you with the Product.

Third-Party Providers may have different or additional conditions. Please check the Product-specific terms and conditions for your Product.

b. Technology Providers: RACV Member Benefits reserves the right to share data securely with relevant Technology Providers for the purpose of providing the Rewards Platform and Rewards Program.

If an error is noticed, please inform us by calling 13 72 28 or sending us an email at Benefits_and_rewards@racv.com.au and we will make reasonable attempts to rectify the issue.

Use of any personal information that you provide to us is governed by our Privacy Policy and any privacy collection notice we make available to you at time we collect your personal information. You agree that we may handle your personal information as described in the privacy collection notice, including to communicate with you about your use of RACV Member Benefits.  You agree that any contact details provided by you can be used for these communications, including to contact you by post, phone, email and SMS.

By participating in RACV Member Benefits, you acknowledge that RACV has entered into commercial arrangements with Third-Party Providers, under which RACV may pay commissions to Third-Party Providers, and may receive commissions from Third-Party Providers, in connection with RACV Member Benefits.

RACV may also receive remuneration through financial incentives and other means from booking or selling products and services on your or RACV’s behalf with Third-Party Providers and other third-party travel service providers.

These Terms are governed by the laws of the State of Victoria and you agree to submit to the exclusive jurisdiction of the courts of the State of Victoria to determine any dispute arising out of or in connection with these terms and conditions.

Any Tax, liability or duty incurred by the Member from participation in this program is the sole responsibility of that Member or customer.

If any section or clause of this agreement is not enforceable or binding, only that section becomes voided, all other sections remain enforceable.

RACV, acting reasonably, reserves the right to increase, improve, remove, amend and revoke any benefit or offering, offered through the Rewards Platform, including the benefit or discount amount, Products which are applicable for benefit, and features which are offered by the Rewards platform.

RACV will use reasonable endeavours to indicate any changes to these Terms. We encourage you to periodically re-read these Terms to see if there have been any changes to our policies that may affect you.
These Terms may change from time to time at the discretion of RACV (acting reasonably), including with respect to:

• the offers and rewards available;
• the expiry of rewards;
• the suspension or termination of your account; and
• the applications and/or devices that can be used to access and interact with RACV Member Benefits (or parts of the program).

RACV, acting reasonably, reserves the right to change the Terms at any time by providing notice on the Rewards Platform. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the Rewards Platform after changes are notified, you are deemed to have accepted all changes. Otherwise, at all times, the current version of these Terms and the RACV Privacy Policy can be accessed and viewed on the Rewards Platform.

RACV, acting reasonably, may suspend or terminate RACV Member Benefits at any time for any reason. RACV will seek to provide at least one months' notice to Members in the event that it terminates RACV Member Benefits.

RACV provides no warranty regarding the ongoing availability of Member Benefits. RACV reserves the right to change, suspend or terminate these Terms and RACV Member Benefits.