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  Wednesday, 7 January 2009  
         

Program & Benefits | Terms & Conditions | Join Now | Rex Lounge Specials

 
1. Introduction
(a) These Terms and Conditions as amended from time to time and any rules published by Regional Express from time to time ("Lounge Rules") apply to all aspects of The Rex Lounge. In the event of any conflict between these Terms and Conditions and the Lounge Rules, these Terms and Conditions shall prevail.
(b) Your membership to The Rex Lounge will be governed by these Terms and Conditions and the Lounge Rules, and it is your responsibility to read and understand them.
(c) All Members of The Rex Lounge are responsible for remaining aware of the current Terms and Conditions and the Lounge Rules.
(d) Regional Express has used all reasonable efforts to ensure the information provided to Members in relation to The Rex Lounge is accurate and correct. However, to the extent permitted by law, Regional Express accepts no responsibility for any inaccuracy or misdescription.


Definitions

In these Terms and Conditions, unless the context otherwise requires:

Application Form means the application form to become a Member of the Rex Lounge;

Business Centre means an area or section located within The Rex Lounge dedicated to business purposes;

Guest Passes means those passes purchased or issued to each Member for the admission of guests to lounges;

Lounge Facilities and Services means any of the facilities, services and arrangements offered or available to the Member from time to time as a result of membership to The Rex Lounge;

Lounge Attendant means the Regional Express employee present at and working in the Rex Lounge;

Member means the person whose name is printed on the Membership Card and who is a member of The Rex Lounge;

Membership Card means The Rex Lounge membership card issued to the Member on acceptance of enrolment;

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 at the time of joining;

Regional Express means Regional Express Holdings Limited ABN 18 099 547 270 trading as Regional Express;

Renewal Notice has the meaning ascribed to that term in clause 5.2;

Rex Lounge Annual Membership Fee means the annual fee payable by the Member to Regional Express as set out in the Application Form or Renewal Notice.


2. Membership

2.1 Individual Membership
(a) Individual Membership is open to individuals who are over 18 years of age and is not transferable.
(b) Individual Members must enrol separately and may only hold one membership to The Rex Lounge at any given time.

2.2 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.

2.3 Cooling off Period
Should you indicate to us within two (2) weeks of receiving your membership card that you would like to withdraw from being a Rex Lounge member we will cancel your membership and cheerfully refund your money provided you have not used your membership card at any port. Otherwise, Membership is non-refundable.


3. Membership Card

3.1 Upon acceptance of enrolment to The Rex Lounge, each Member will be assigned a membership number and will be issued with a welcome letter and Membership Card. The Password chosen by the Member, along with surname, mother's maiden name, date of birth, 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.

3.2 Members may only access the Rex Lounge by swiping their Membership Card through the access control mechanism located at the entry of each Rex Lounge.

3.3 By use of the Membership Card the Member agrees to be bound by these Terms and Conditions.

3.4 The Membership Card is and shall remain at all times the property of Regional Express and must be returned on demand.

3.5 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.

3.6 The Membership Card is valid for use only during the period indicated on the Membership Card. In the event a person attempts to use an expired 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.

3.7 In the event of loss or theft of your Membership Card it is your responsibility to immediately advise Regional Express. Regional Express will not be liable for misuse of a lost or stolen Membership Card.


4. Replacement cards

4.1 If you have lost your Membership Card and wish to have it replaced you will be charged a fee of A$33.00 including GST ("Replacement Fee"). Your old card will be deactivated upon the issue of a Replacement Card.

4.2 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) Membership Card with inoperable magnetic strip - card must be returned to Regional Express;
(c) Stolen Membership Card - Police report or reference number required; and
(d) Membership Card not received from Regional Express (lost in the mail) - notification must be made within 2 months after payment of the Rex Lounge Annual Membership Fee, or previous request for a replacement Membership Card, and a Statutory Declaration will be required.

4.3 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.


5. Membership Term and Renewal

5.1 Term
If approved, your membership to the Rex Lounge will be valid from the time you receive you Membership Card until the Expiry Date printed on the Membership Card.

5.2 Renewal
The Rex Lounge Annual Membership Fee is payable on an annual basis. Regional Express will use all reasonable endeavours to notify you of the pending expiry of your Membership ("Renewal Notice"). If you do not pay your Rex Lounge Annual Membership Fee within 14 days of the receipt of your Renewal Notice or the Expiry Date shown on your Membership Card, your Membership Card will be deactivated. To reactivate your Membership you will need to contact Regional Express and pay the Rex Lounge Annual Membership Fee.


6. Rex Lounge Facilities and Services

6.1 Some of the Lounge Facilities and Services which are offered to the Member are provided by suppliers over which Regional Express has no control. Arrangements for the availability and utilisation of the Lounge Facilities and Services so offered are made by Regional Express solely as agents for the suppliers providing such Lounge Facilities and Services. The provision of the Lounge Facilities and Services will be subject, in each case, to the terms and conditions of the suppliers providing such Lounge Facilities and Services and any claims relating to the supply of Lounge Facilities and Services should be made to the supplier.

6.2 For the avoidance of doubt, Regional Express will not be liable for refusal of any supplier of the Lounge Facilities and Services to supply the relevant Lounge Facility or Services nor will Regional Express be liable for any loss or damage whatsoever, whether in whole or part, of any Lounge Facility or Services.

6.3 Whenever the Membership Card is used in order to obtain access to Rex Lounge Facilities and Services, or Lounge Facilities and Services are made available to the Member as a result of membership, whether these are provided by Regional Express or a Rex Lounge supplier, the Member will be liable for any and all costs, charges, taxes, claims or liabilities of whatever nature and howsoever arising from or incurred in connection with obtaining or utilising the Lounge Facilities and Services.

6.4 Access to a Business Centre or the Internet may be available in The Rex Lounge. Regional Express is not liable for any third party content on the Internet that the Member may find offensive, upsetting or defamatory. The Member is responsible for maintaining the security of all log-in identification information made available to them to access the Business Centre systems or the Internet in the lounge. Regional Express is not liable for any personal security breaches suffered by the Member or their guests when using Business Centre equipment or the Internet Access Facility in The Rex Lounge. Regional Express is not liable for any loss or damage suffered as a result of the unavailability of the Business Centre equipment or the Internet, including interruptions during use. Regional Express does not represent or warrant that the Business Centre equipment or Internet access is free from computer viruses or other defects.

6.5 A Member who uses the Business Centre assumes all responsibility for all loss, damage or consequences resulting directly or indirectly from use of the Business Centre equipment and the Internet. To the extent of the law, Regional Express is not liable for any loss or damage suffered in respect of use of the Business Centre equipment or the Internet in the lounge.

6.6 Regional Express expressly reserves the right in its absolute discretion to withdraw, cancel, withhold, deny access to, or use of, or in any way change the Rex Lounge, the Rex Lounge Annual Membership Fee or any of the Lounge Facilities and Services previously advertised or offered generally or to any Member at any time, and Regional Express will not be liable for any loss or damage suffered by the Member resulting from such withdrawal, cancellation, variation or change.


7. Use of Personal Information

7.1 It is a condition of Membership that you 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 your application form and other information you provide to Regional Express for the purpose of:
(a) Regional Express providing services to you;
(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
If all or any part of the requested information is not provided by the Member, the services provided to you by Regional Express may be affected.

7.2 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.


7.3 Regional Express will provide you with access to your personal information held by Regional Express on request by you to the extent permitted or required by law. Regional Express will correct such personal information as notified by you. Only the Member named on the account will be entitled to access account information or request the correction of such information. However, 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, your account information may be shared with others with or without your knowledge or consent.

7.4 Regional Express will only use personal information collected from you in accordance with its Privacy Policy. You can view a copy of Regional Express's Privacy Policy by going to Regional Express's web site at www.regionalexpress.com.au or by ringing Regional Express.


8. Rex Flyer Program

8.1 The Member's participation in the Rex Flyer program is governed by the Terms and Conditions of the Rex Flyer program, a copy of which may be viewed on Regional Express's web site at www.rex.com.au .


9. Termination

9.1 Regional Express expressly reserves the right at any time in its absolute discretion and without notice to:
(a) terminate or materially alter any Lounge Facilities and Services, or any aspect of the operation, of The Rex Lounge;
(b) revoke the membership of the Member of The Rex Lounge and/or the right of the Member to use the Membership Card. In the event the Membership Card is cancelled, a pro rata refund will be made of the membership fee paid by the Member at Regional Express' discretion. The Membership Card must be returned immediately to The Rex Lounge when so demanded by Regional Express.

9.2 Any breach of these Terms and Conditions whether intentional or otherwise may result in termination of membership, cancellation of Lounge Facilities and Services, or both, at the sole discretion of Regional Express.

9.3 Regional Express may terminate a membership if, in the reasonable opinion of Regional Express, the Member has:
(a) abused any facilities, services or arrangements accorded to the Member as a result of membership in The Rex Lounge;
(b) the member has displayed or engaged in inappropriate behaviour whilst in a Rex Lounge which is or may be likely to be detrimental to the interests of Regional Express;
(c) supplied or attempt to supply misleading information, or make any misrepresentation to Regional Express.

9.4 Membership will automatically terminate in the event of death of a Member.


10. Access to Lounges

10.1 Subject to compliance with these terms and conditions, Members and their guests are entitled to access The Rex Lounge in the departure port when their next onward flight on that day is a Regional Express service.

10.2 Member's Guest Passes are only valid for use when the guest is accompanied by the Member and is also travelling on a Regional Express flight that day.

10.3 A Guest Pass is required for each Member's guest over 5 years of age. Guest Passes are available from check-in, the Lounge Attendant or at the gate lounge for a nominal fee of $20 (including GST) per visit and must be returned to Regional Express staff upon exit from the lounge and prior to boarding. Members are responsible for their guests. Failure of a guest to return a Guest Pass may result in the cancellation of the Members membership. There is a limit of two guests per Member.

10.4 Sale of Guest Passes and Entry of Members' guests will be subject to space availability.

10.5 Rex Lounge staff have the discretion to refuse entry to any Member or guest at any time for any reason deemed appropriate by Regional Express.

10.6 Smart, casual dress standards apply at all times. Individual Rex Lounge Managers will have discretion to alter these standards if circumstances warrant.

10.7 Due to operational reasons, member access to Rex Lounges may from time to time, be restricted.


11. Governing laws

11.1 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.