The “Encore Holiday Package” (“EHP”) is offered in Australia by A.P.V.C. Holdings Pty Ltd ABN 88 092 447 955 (“the Promoter”).

(TERMS AND CONDITIONS)

The following terms and conditions apply to your purchase of the EHP:

Payment: Full payment as stipulated on the front of the Application \Form & Tax Invoice is required to secure this EHP. Payment is permitted by Visa, MasterCard, Diners Club or American Express.

Contact Reservations on AU 1800 001 707, or reservations@accorvacationclub.com.au to reserve accommodation. Please quote your Tour ID as shown on your Application Form & Tax Invoice.

Subsidised accommodation offer: The accommodation rate provided in this offer has been subsidised by the Promoter. The subsidy is subject to you complying with these terms and conditions. The subsidised accommodation rate is for consecutive nights only. Blackout periods and special event surcharges may apply. This offer is subject to availability. This offer is not transferable and cannot be used in conjunction with any other Accor Vacation Club offer. Flights, food and beverage, hotel car parking fees, other hotel services (e.g. in-room entertainment, spa services and other incidentals), transfer fees or transportation costs are not included in the accommodation price unless specified in writing. The accommodation component of the EHP (the “holiday”) entitles you to 4 consecutive nights of accommodation at one of the properties nominated in the Property Information Sheets that are included in the EHP. Accommodation is for a maximum of 2 adults and up to 2 children (age restrictions apply and children must use existing bedding).

Reservations: Reservations can be made immediately after purchase of an Encore Package for reservations up to 6 months in advance of the intended arrival date; however holidays will not be permitted within the first 6 months after purchase of this offer. Your booking will be confirmed in writing within 14 days. The holiday must be completed within 18 months from purchase date. Price freeze included.

Attending preview: You agree that it is a fundamental term of this agreement that during your stay at the hotel, you, and all parties scheduled to attend a preview of the Accor Vacation Club, attend a preview of the Accor Vacation Club (Preview). The Preview will run for approximately 90 minutes and is designed to showcase the Accor Vacation Club holiday ownership program. At the end of the Preview, you may be invited to apply for an interest in the Accor Vacation Club ARSN 094 718 108 pursuant to the Accor Vacation Club’s Product Disclosure Statement which may be viewed at accorvacationclub.com.au or provided to you as a paper copy free of charge upon request. As the Accor Vacation Club membership is a financial product, certain Participation Criteria apply. The Promoter and its related entities generally consider that the Accor Vacation Club membership is not suitable for persons who do not meet the Participation Criteria.

Participation criteria: To be eligible to attend a Preview and access the subsidised accommodation rate you must, as at the date of the Preview:

1) be a permanent resident of Australia;

2) meet the following income requirements:

1. if you are married, in a life partnership or de facto relationship, have minimum combined household annual taxable income of at least AUD$80,000; or
   
   
2. if you are single, have a personal annual taxable income of at least AUD$80,000; (reasonable proof of income must be provided if requested);

3) be employed or, if retired, meet the income requirements noted in b) above or any other reasonable requirements notified to you by us;

4) be competent in verbal and written English; and

5) if married, in a life partnership or a de facto relationship, your spouse must also attend the Preview (the Participation Criteria).

Employees of any member of the AVC group of companies (including the Promoter) and their immediate families, current Accor Vacation Club members and persons who have attended a Preview in the past 6 months are not eligible to attend a Preview or access the subsidised accommodation rate.

Preview: So as not to inconvenience other guests of the Promoter you (and all other attendees scheduled to attend the Preview, such as your spouse) must arrive at the Preview no later than 15 minutes before the commencement time set out in the Booking Details, otherwise you may be rescheduled to attend the Preview at another time. Please ensure that each person attending the Preview brings one form of photo identification to the Preview. If the photo identification does not include an Australian residential address, we may be required to request additional supporting documentation to verify your identity

Failure to attend Preview or meet Participation Criteria: In the event that you and/or you and your spouse (if relevant) fail to attend your scheduled Preview or fail to meet the Participation Criteria, you will be deemed to have authorised the Promoter to debit your credit card by an additional charge of AUD$150.00 per night of your stay to meet the cost of the accommodation subsidy provided by the Promoter to you.

Check-in: A credit card preauthorisation is required on check-in to guarantee any incidentals and additional fees if you fail to attend the preview. If you do not have a credit card, a current form of photographic identification will be required along with a cash deposit which will be refunded at time of check out (less any permitted deductions).

Additional nights / upgrades: Room upgrades and extra nights may be available on request to the hotel directly, and are subject to availability and at an additional (and unsubsidised) cost.

Children: If the accommodation offer to which you responded included accommodation for children, age limits may apply and children must use existing bedding. Children under 12 years of age are not encouraged to attend the Preview. At some locations, free childminding is available. Generally childminding for children under the age of 2 years may need to be arranged directly by you at your own expense, however we note that at the Novotel Twin Waters Resort, free childminding is only available for children that are 3 years and above. Please contact the hotel directly for further details regarding childminding facilities.

Should you purchase an Accor Vacation Club Membership during your EHP preview; the Promoter will apply a credit of the total purchase price of your EHP towards the purchase of that Membership. In addition, you will still be eligible to purchase a Première Plus Membership rather than a standard Première Membership.

Changes to the terms and conditions: The Promoter reserves the right to amend or waive these terms or the Participation Criteria at its sole discretion. If the Promoter changes the terms and conditions of your stay it will give you reasonable prior notice of the change, either by email or post. If you do not agree with the variation, if required by applicable law, you may terminate your stay by written notice to us, within 10 days of receiving that notice and you will be entitled to a full refund of monies already paid.

Cancellation outside of Cooling-off Period or where no Cooling-off Period applies: If you cancel outside of the Cooling-off Period (if relevant), or after your stay has been confirmed, you will forfeit any monies paid to us and you authorise us to deduct a cancellation fee of $150 from your credit card to meet the Promoter’s costs in providing the accommodation subsidy.

Rescheduling dates: Once we have confirmed your stay, any changes to the accommodation dates require a minimum of 14 days’ notice prior to your check-in date, will be subject to availability and each change will incur an administration fee of AU$50.00.

Privacy: If you do not wish to receive further marketing offers from Accor Vacation Club then please email your name and contact information to dnc@accorvacationclub.com.au or write to the Privacy Officer at: PO Box 1747, Surfers Paradise, QLD, Australia, 4217.

Limitations of liability: Nothing in these Terms and Conditions limit or exclude any protections to you provided by the Australian Consumer Law. However, subject to any statutory right that cannot be excluded or limited, and to the maximum extent permitted by law, the total aggregate liability of each of the Promoter, its respective affiliates or any participating hotel, to each attendee whether arising in contract or in tort or under statute or otherwise shall not exceed, in the case of a claim in relation to goods, the replacement of the goods or the supply of equivalent goods, or in the case of services, the supplying of the services again or the payment of the costs of having the services supplied again.

Goods and services tax: All prices quoted to you to which discounts will be, or have been, calculated are inclusive of any GST or VAT if applicable unless otherwise stated.

Consent and privacy statement: As the purchaser of the EHP you agree to the Promoter sending you from time to time direct mail or e-mails or phoning you to keep you informed of promotions and/or developments regarding the Accor Group. Your signature overleaf confirms that you give the Accor Group your express and indefinite consent to be contacted by mail, telephone or email for promotional purposes.The personal information that you provide on the EHP Application Form & Tax Invoice, the EHP payment form and any other personal information which you provide will only be used as follows: to process your EHP; to deliver to you the products and services forming part of the EHP; to deliver the Accor Vacation Club preview to you as referred to in these Terms and Conditions; to inform you about products or offers available from the Accor Group. The Promoter may also disclose information collected to affiliated suppliers or contracted third parties for their marketing purposes.

Your personal information may be disclosed to other parties where necessary for the above purposes, for example to the owners and/or operators of the AccorHotels in which you have booked accommodation. You may access your personal information by e-mailing a request to: privacy@accorvacationclub.com.au. There is no charge for providing this information.

The Accor Group consists of any and all of those entities identified from time to time in Accor’s Privacy Policy – available at https://all.accor.com/information/legal/data-protection.en.shtml and includes AAPC Limited, A.P.V.C. Limited and related entities, service providers and associated hotels and businesses. The Promoter is part of the Accor Group and its Privacy Policy is available at www.accorvacationclub.com.au or by sending a request to the Privacy Officer at PO Box 1747, RSurfers Paradise, Qld, Australia 4217.

General: These written Terms and Conditions supersede any prior oral or written communication.

Term of acceptance: By entering into this agreement or by taking up this offer, you acknowledge and agree that it is a fundamental term of this agreement that if you do not purchase an interest in the Accor Vacation Club at the preview you attend, APVC Limited in its capacity as the responsible entity for the Accor Vacation Club may, in its sole and absolute discretion, refuse to consent to a transfer of a membership in the Accor Vacation Club to you at any time in the future. In addition, the Accor Vacation Club subsidised accommodation offer is limited to one offer per household within any 12 month period.

DOP 073 – 090402