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1. Introduction
(a)
These Terms and Conditions as amended from time to time apply to all aspects of
the Rex Flyer program.
(b) Your
Membership to the Rex Flyer program will
be governed by these Terms and Conditions, and it is your responsibility
to read and understand them.
(c) All Members of the Rex Flyer program are responsible for remaining aware of
the current Terms and Conditions.
(d) Regional Express has used all reasonable efforts to ensure the information
provided to Members in relation to the Rex Flyer program is accurate and
correct. However, to the extent permitted by law, Regional Express accepts no
responsibility for any inaccuracy or misdescription.
2. Definitions
In
these Terms and Conditions, unless the context otherwise requires:
Administration Fee means $33.00 (incl GST);
Application Form means the online application form to become a
Member of the Rex Flyer program, which can be found on Regional Express's
website;
Acceptance Date means the date upon which Regional Express
processes the Member's application to enrol in the Rex Flyer Program;
Eligible Sector means a Sector flown by a Member using a
ticket that is not a Free or Discounted Ticket;
Free or Discounted Ticket, includes but is not limited to:
(a) tickets or sectors flown on chartered flights;
(b) tickets issued as Rex Flyer Rewards Flights;
(c) travel industry rebated tickets;
(d) competition prize tickets; or
(e) tickets acquired at an auction.
Member means the person whose name is printed on the
Membership Card and who has been accepted as a member of the Rex Flyer program;
Membership Card means the Rex Flyer Membership Card, issued to
the Member within seven working days of Regional Express processing a Member's
Application Form;
Membership Fee means $27.50 (incl GST) or such other amount as
may be advised to the applicant by Regional Express at the time of joining;
Partner Service Provider means those suppliers with which
Regional Express has an agreement for the supply of goods or services to
Members;
Password means the alpha numeric characters which are chosen by the Member and
communicated to Regional Express in the Application Form;
Regional Express means Regional Express Holdings Limited ABN
18 099 547 270 trading as Regional Express;
Reissue Fee means $33.00 (incl GST) or such other amount as
may be determined by Regional Express and advised to the Member from time to
time;
Rex Lounge means the Regional Express passenger lounge program
offering exclusive use of dedicated lounge areas at certain airports to members
of the Rex Lounge program;
Rex Flyer means Regional Express' s frequent flyer program
which is governed by these Terms and Conditions;
Rex Flyer Account means the Members Rex Flyer Rewards Points
opened and operated by Regional Express upon processing a Member's application
to become a member of Rex Flyer;
Rex Flyer Reward Flight means a one Sector (one boarding pass)
flight awarded to the Member free of charge (subject to the Member paying the
relevant ticket and airport taxes) in accordance with the terms of Clause 7.2;
Rex Flyer Rewards Point means each point that accrues to the
Member's Rex Flyer Account as a result of the Member booking and flying an
Eligible Sector with Regional Express. A Member will be awarded one Rex Flyer
Reward Point for each Eligible Sector flown by the Member in accordance with
the Terms and Conditions set out in Clause 7;
Sector is defined by the number of boarding passes issued to
the Member by Regional Express for any particular flight. One boarding pass is
equal to one flight or one sector. For example a flight from Sydney to
Melbourne via Albury requires two boarding passes and therefore counts as two
sectors or flights. A flight from Mildura to Sydney via Griffith is one
boarding pass and therefore counts as one sector or flight. Return flights are
counted as two sectors.
3. Membership
3.1
Individual Membership
(a) Individual Membership is open to individuals who are over 3 years of age
and is not transferable.
(b) Individual Members must enrol separately but may hold duplicate Memberships
to the Rex Flyer program for commercial and private use at any given time.
(c) Each Member will be assigned a Membership number upon receipt and
processing of your Rex Flyer Application Form together with payment of the
Membership Fee (GST included).
3.2 Changes to the Terms and Conditions
(a) Regional Express reserves the right to vary these Terms and Conditions in
its sole discretion at any time and without notice.
(b) Regional Express will use reasonable
endeavours to advise Members of any such changes, including by posting
details of the changes on the Regional
Express website (www.rex.com.au ) but does
not accept any liability whatsoever for any failure to do so.
(c) Regional Express may in the future change the Rex Flyer sector based
program to a points or mileage program.
(d) Regional Express may in the future partner with an existing airline
frequent travellers program.
(e) Subject to paragraph (d) above, the Rex Flyer Membership costs $27.50 (inclusive of GST) and is valid for 3 years. Membership can be renewed for subsequent 3 years, upon the payment of membership fees.
4. Cooling off Period
Should
the Member indicate to Regional Express within two (2) weeks of receiving his
or her Membership Card that he or she would like to withdraw from being a Rex
Flyer Member, Regional Express will cancel the Member's Membership and
cheerfully refund the Membership Fee (if already paid) provided the Member has
not used his or her Membership Card. Otherwise, the Membership Fee is
non-refundable.
5. Membership Card
(a) Upon
acceptance of the Member's application to
the Rex Flyer program, each Member will be assigned a Membership number
and will be issued with a welcome letter
and Membership Card.
(b) By agreeing to purchase Rex Flyer Membership and using either the
Membership Card or Membership number or both, the Member agrees to be bound by
these Terms and Conditions.
(c) The Membership Card is and shall remain at all times the property of
Regional Express and must be returned on demand.
(d) The Membership Card is valid for use only by the Member whose name is
printed on the Membership Card. In the event a person other than a person whose
name is printed on the Membership Card attempts to use the Membership Card,
Regional Express may confiscate the Membership Card or terminate the Membership
of the person whose name is on the Membership Card or both, at Regional
Express's discretion. Accordingly, Regional Express strongly recommends that
lost Membership Cards are reported to Regional Express promptly.
(e) Regional Express reserves the right to require the Member to produce the
Membership Card at any time while issuing a ticket to the Member or while the
Member is travelling on a Rex Flyer Reward Flight or otherwise claiming or
utilising any Rex Flyer Rewards Points.
(f) In the event of loss or theft of a Member's Membership Card it is the
Member's responsibility to immediately advise Regional Express of such loss or
theft. Regional Express will not be liable for misuse of a lost or stolen
Membership Card.
6. Replacement Cards
6.1
If a Member has lost their Membership Card
and wish to have it replaced the Member will
be charged a replacement fee of A$33.00 (GST included)
("Replacement Fee"). The Member's old Membership Card will be deactivated
upon the issue of a Replacement Card, and
the Member's current balance of Rex Flyer
Rewards Points will be transferred to their
new Membership number.
6.2 A request for waiving the Replacement Fee can be made under the following
circumstances:
(a) Change of Name due to marriage, divorce or deed poll - relevant
documentation required;
(b) Stolen Membership Card- police report or reference number may be required
in these circumstances; and
(c) The Membership Card has deteriorated to an unusable condition as a result
of fair wear and tear.
6.3 Regional Express may in its absolute discretion, waive the Replacement Fee
if all requested documentation is provided and Regional Express considers that
the request is genuine.
7. How to Earn Rex Flyer Rewards Points
7.1
General
(a) Each Member is responsible for ensuring that Rex Flyer Rewards Points are properly credited to his or her Rex Flyer Account. To earn Rex Flyer Rewards Points, Members must quote their name and Membership number when booking an Eligible Sector flight on Regional Express. The Member acknowledges that they will not be awarded Rex Flyer Rewards Points should they fail to do so.
(b) Rex Flyer Rewards Points can only be earned after the Member's applications
has been processed by Regional Express and a Rex Flyer membership number has
been issued to the Member. Rex Flyer Rewards Points will only be applied to the
Rex Flyer Account of the Member in whose name the relevant Eligible Sector
flight is being booked. Rex Flyer Rewards Points will not be awarded (and may
be deducted from Members' Rex Flyer Accounts) for cancellations made by or on
behalf of the Member or refunded products. Where the cancellation is as a
result of Regional Express's own internal operational reasons, Regional Express
may, in its absolute discretion, choose to award, or not award the subject Rex
Flyer Rewards Points, depending upon the circumstances.
(c) In cases where Regional Express deems verification is required, Regional Express reserves the right to require proof of earning from the Member, including copies of e-ticket itineraries and/or original boarding passes from Eligible Sector flights or copies of receipts proving purchase of Eligible Sectors flights.
(d) Regional Express may, in its absolute discretion, award Rex Flyer Rewards
Points for Eligible Sectors booked by a Member prior to applying to become a
Member of Rex Flyer but flown after the Application Date. Boarding passes or
other evidence of the Eligible Sector will need to be produced to claim an
Eligible Sector that is booked before joining Rex Flyer but flown after the
Application Date.
(e) Any discrepancies in respect of Rex Flyer Rewards Points must be brought to
the attention of the Regional Express Service Centre on 1300 665 010 by the
Member within twelve (12) months of the applicable flight or transaction. No
amendments will be made after this period. The Member agrees Regional Express
will be the final arbiter in any dispute between them.
(f) Rex Flyer Rewards Points cannot be sold, assigned, transferred or otherwise
redeemed (whether for valuable consideration or otherwise) except in accordance
with these Terms and Conditions.
7.2 Redemption of Rex Flyer Rewards Points for Rex Flyer Reward Flights
(a) One Rex Flyer Reward Point will be accrued for each Eligible Sector
actually flown by the Member. Return flights are counted as two (2) Eligible
Sectors earning the Member double the Rex Flyer Rewards Points.
(b) Subject to paragraph below, upon a Member accruing nine (9) Rex Flyer
Rewards Points, Regional Express will award the Member with one Rex Flyer
Reward Flight.
7.3 Rex Flyer Rewards Points Validity
(a) Rex Flyer Rewards Points will generally accrue and be issued within 48
hours of completion of an Eligible Sector being flown by a Member, or otherwise
as soon as practicable after Regional Express is notified by the Member that
the Member has flown an Eligible Sector (under clause 7.1(c)) for which
Regional Express has not yet credited the Member's Rex Flyer Account and
Regional Express has agreed to credit the Members Rex Flyer Account with the
corresponding Rex Flyer Rewards Points.
(b) Rex Flyer Rewards Points that are accrued and not redeemed by Members will
expire two (2) years from the date on which the relevant Rex Flyer Rewards
Point was earned.
(c) The Member acknowledges and agrees that Rex Flyer Rewards Points will not
be credited for Sectors flown by the Member using Free or Discounted Tickets.
8. Rex Flyer Reward Flights
(a)
Members acknowledge and agree that Members will be personally liable for, and
must pay, any and all ticket and airport taxes in respect of a Rex Flyer Reward
Flight earned by the Member. Failure to pay such taxes will be deemed a
repudiation of these Terms and Conditions by the Member and the Member will
forfeit its right to the relevant Rex Flyer Reward Flight and have no further
recourse to Regional Express.
(b) The Member may assign any Rex Flyer Reward Flight that he or she may have
earned to any natural person over the age of 3 years old and to whom Regional
Express has no objection. Where Regional Express has notified the Member that
it objects to the person to whom the assignment of the Member's Rex Flyer
Reward Flight is proposed , then the Member:
(1) must not assign their Rex Flyer Reward Flight to that person, and the
Member acknowledges that Regional Express will not honour any assignment of the
Rex Flyer Reward Flight to any such person; and
(2) may elect to take the Rex Flyer Reward Flight themselves or may elect to
assign the Rex Flyer to another natural person over the age of 3 years old to
whom Regional Express has no objection.
(c) For
online redemptions, the Member may also assign Reward Flights to any
natural person over the age of 3 years old and to whom Regional Express
has no objection, but is subject to booking restrictions.
(d) If a Member fails to comply with (b)(1)
or (b)(2) above in circumstances where
Regional Express has notified the Member that it objects to
the person to
whom the Member wishes to assign the Rex
Flyer Reward Flight, the Member will be
deemed to have forfeited the subject Rex Flyer Reward Flight
and can make no
objection to or claim in respect of such
forfeiture.
(e) For the avoidance of doubt, the Member
need not travel with a person to whom they have validly assigned their
Rex Flyer Reward Flight under paragraph
(b) above.
(f) If the Member is an Australian taxpayer,
free flights earned under the Rex Flyer program may be subject to
personal income or other tax assessment.
Accordingly, Members are advised to check
with their accountant, lawyer or tax adviser for further advice.
(g) Use of Rex Flyer Reward Flight tickets
that have been acquired by purchase or obtained for any other consideration,
may result in the tickets being
confiscated or the passenger being denied
boarding or both. If the Member has already commenced travel on the
Rex Flyer Reward Ticket, any continued travel
will be at the Member or passenger's expense
on a full-fare basis. The passenger and Member may also be liable
to Regional Express for the cost of a
full fare ticket for any Sector flown on
a sold or bartered ticket in breach of these Terms and Conditions.
9. Rex Flyer Reward Flight Ticketing
9.1
Tickets
(a) Rex Flyer Reward Flights must be booked,
ticketed and used within 6 months from the
date of accrual entitling the Member to
a Rex Flyer Reward Flight was accrued by
the Member. A statement of the Member’s account is sent by
email every month and the status can also
be viewed by accessing Member’s
My Account page online.
(b) Redemption
of Reward Flight(s) can be made either:
(1)
via a secured Member’s page on the website without incurring
an administrative fee. All online redemptions are subject to applicable
taxes and charges as well as the website’s Terms of Use
and Privacy Policy.
(2)
by phone on 1300 665 010 (Mondays to Fridays, 9am
to 5pm AEST) which is subject to a $21 administrative
fee (including GST) per redemption in addition to the
applicable taxes and charges.
(c)
All Rex Flyer Reward Flight bookings will be
ticketed electronically. For online redemptions,
Members will receive a confirmation email to the address
advised.
(d) If the Member is 15 years of
age or younger, reservations must
be made on his or her behalf by a parent or legal
guardian.
9.2 Rex Flyer Reward Flight - Changes & Reissues
(a) At any time prior to the issuing
of a Rex Flyer Reward Flight ticket, the Member may request
a change
to their Rex Flyer Reward Flight
reservation without incurring a fee, but such change
shall remain subject to flight availability.
(b) Any changes requested by phone (1300
665 010) after the issue of a Rex Flyer Reward Flight ticket
will incur a Reissue Fee per flight sector (currently $33 including
GST). Changes include, but are not limited to:
(1)
change to name of the person flying; or
(2) cancellation of the ticket
No changes to the booking permitted within 48 hrs
prior to departure.
(c) Where Rex Flyer Reward Flights
are cancelled due to Regional
Express's internal operational
reasons and reasonable alternative travel
cannot be arranged, Regional
Express will waive the Re issue Fee on any Rex Flyer
Reward Flight ticket submitted
for refund and re credit
or will reissue
the Rex Flyer
Reward Flight ticket on the
next available flight at Regional
Express's sole discretion.
9.3 Rex Flyer Reward Flight
- Cancellation & Refunds
(a) Rex Flyer Reward Flight
tickets issued for travel on
Regional
Express may be submitted for
refund or re credit
up to 3 days prior to the scheduled
date of travel, and will incur
an Administration Fee (currently
$33 (incl GST)).
(b) Once travel has commenced
on a Rex Flyer Reward Flight
ticket, the ticket will be
considered
to have
been redeemed, even if remaining
travel is not completed. A
Sector or Sectors will not
be refunded or re credited
for any
unused portion of a Rex Flyer
Reward Flight.
(c) Failure to board a Sector
of a Rex Flyer Reward Flight
(i.e. no-show) will result in the
forfeiture of
that issued Rex Flyer Reward
Flight ticket and the Member
agrees that they cannot object or
make any claim against Regional Express
for any such forfeiture.
10. Breach of Terms and Conditions
10.1
Regional Express reserves the right to:
(a) cancel or refuse to honour any Rex Flyer Reward Flight which was booked,
sold, assigned, transferred or otherwise obtained or redeemed in breach of
these Terms and Conditions at any time, without liability;
(b) reverse or cancel any flights credited to a Member incorrectly, not in
accordance with or in breach of these Terms and Conditions at any time without
liability.
(c) suspend a Member's Membership, and
(d) reverse or cancel any accrued Rex Flyer Rewards Points from a Member's Rex
Flyer Account in the event that monies are owed by that Member to Regional
Express or any of its subsidiaries and such monies remain unpaid after the due
date.
11. Membership Term
11.1
Membership to the Rex Flyer program is valid for 3 years. Membership can be renewed for subsequent 3 years, upon the payment of membership fees.
12. Use of Personal Information
12.1
It is a condition of Membership that the Member consent and authorise Regional
Express to use and disclose to Partner Service Providers, and any other person
(including without limitation a related body corporate, agent or contractor)
the information on the Member's Application Form and other information the
Member provides to Regional Express for the purpose of:
(a) Regional Express providing services to the Member, including the awarding
of Rex Flyer Rewards Points and Rex Flyer Reward Flights;
(b) Regional Express improving Regional Express customer service, including by
means of research, marketing, product development and planning; and
(c) Regional Express marketing its products or services or the products or
services of its partners.
(d) any third party providing services to Regional Express.
12.2 If all or any part of the requested information is not provided by the
Member, the services provided to Members by Regional Express may be affected.
12.3 The Member's country of residence will
be determined by the mailing address nominated
upon joining. The mailing address will also
be used to determine a Member’s
eligibility for promotions and other offerings.
Changes to Member’s
profile can be made online at the Regional
Express website.
(a)
The Member must maintain an active mailing address,
phone number and a valid email address for official
communication purposes. Each Member shall be
responsible for advising Regional Express of any change
of name or address.
(b) Regional
Express is responsible for sending monthly
updates and may send notices
from time to time to the Member at
the email address provided. Any notice by Regional
Express under these Terms of Use by email shall
be deemed given
on the day the email is sent.
12.4 Regional Express will provide the
Member with access to the Member's personal
information held by Regional Express on request by
the Member to the
extent permitted or required by law.
Only the Member named on the Rex Flyer
Account will be entitled to access
Rex Flyer Account information or make
any alteration or correction of such information.
12.5 The Password chosen by the Member
at the time of applying, along with
the Member's surname, secret question, secret
answer, date of joining, mailing
address and/or recent travel details
will be used for security of Membership
information. It is the Member's responsibility
to ensure the Membership Card and
Password are kept secure.
12.6 The Member acknowledges that
Regional Express may, from time to time, be
required to comply
with validly served and executed
court orders and subpoenas
and to cooperate with investigations
by state and federal agencies. Under
these circumstances or where otherwise required
by law, the Member's personal
information may be shared with others
with or without the Member's knowledge or
consent.
12.7 Regional Express does not retain
nor pass on any information relating
to credit card details or other forms of payment
submitted to it
by it customers.
12.8 Regional
Express will only use personal information
collected from the Member in accordance
with its Privacy Policy. Member's
can view a copy of Regional
Express's Privacy Policy by going
to Regional Express's web site at www.rex.com.au
or by
calling Regional Express on
13 17 13.
13. Termination
13.1
Regional Express reserves the right at any time in its absolute discretion and
without notice to:
(a) terminate or materially alter any Rex Flyer services, or any aspect of the
operation of the Rex Flyer program;
(b) revoke the Membership of the Member to the Rex Flyer program or the right
of the Member to use the Membership Card or both. The Membership Card must be
returned immediately to Regional Express when so demanded by Regional Express.
13.2 Any breach of these Terms and Conditions whether intentional or otherwise
may result in termination of Membership or the cancellation of Rex Flyer
Rewards Points or both at the sole discretion of Regional Express.
13.3 Without limiting Regional Express's ability to terminate a Member's
Membership under any other provision of these Terms and Conditions, Regional
Express may terminate a Membership if, in the reasonable opinion of Regional
Express, the Member has:
(a) abused any facilities, products, services or arrangements afforded to the
Member as a result of Membership in Rex Flyer or otherwise as a passenger of
Regional Express;
(b) the Member has displayed or engaged in inappropriate behaviour whilst
on-board a Regional Express flight or in a premises controlled by Regional
Express, which is or may be likely to be detrimental to the interests of
Regional Express;
(c) supplied or attempted to supply misleading information, or make any
misrepresentation to Regional Express.
13.4 Membership will automatically terminate in the event of death of a Member.
13.5 Unless otherwise set out in these Terms and Conditions, upon termination
of a Membership, Regional Express will not refund the Membership Fee.
14. Governing Laws
14.1 These Terms
and Conditions are governed by and construed
in accordance with the laws of the State of New South Wales irrespective
of where the application for Membership
has been completed by the Member or submitted
to Regional Express and any action or other legal process with respect
to any matter or thing in connection
with these Terms and Conditions against
Regional Express shall unless otherwise agreed by Regional Express
be instituted and carried on only in the appropriate
Court of the State of New South Wales.
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