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& Benefits | Terms & Conditions
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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
the prevailing administrative fee as stipulated on Regional Express’s website;
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 Electronic 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;
Re-issue 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' frequent flyer program which is governed by these Terms and
Conditions;
Rex Flyer Account means
the Member’s 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 5.2;
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 5;
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
2 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) Enrolment will only be accepted via the Rex Flyer website. Rex reserves the
right to deny a membership application should an individual enrols otherwise.
(d) 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.
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.
(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) Regional Express will not be liable for misuse of a Membership Card.
5.
How to Earn Rex Flyer Rewards Points
5.1
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 as
per the Rex Flyer account records when booking an Eligible Sector flight on
Regional Express. It is the Member’s responsibility to ensure that the correct
details are provided before check-in of the Eligible Sector flight. 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 application
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 via email at
membership@rex.com.au
by the Member
within six (6) months of the applicable flight or transaction. No amendments
will be made after this period. Regional Express will not entertain any
requests for retroactive crediting of points under any circumstances not due to
the direct negligence of Regional Express if Clause 5.1(a) is not fulfilled.
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.
5.2 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.
5.3 Rex Flyer Rewards Points Validity
(a) Rex Flyer Rewards Points will generally accrue and be issued
within 72 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 5.1(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.
Points that have expired cannot be reinstated under any circumstances.
(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.
6.
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 2 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 2 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 2 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.
7.
Rex Flyer Reward Flight Ticketing
7.1
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. Extension of the validity is not permitted. Once expired, Rex Flyer
Reward Flights cannot be reinstated. 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 13 17 13 which is subject to the prevailing 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 14 years
of age or younger, reservations must be made on his or her behalf by a parent
or legal guardian.
7.2 Rex Flyer Reward Flight - Changes & Re-issues
(a) Any changes requested by phone (13 17 13) after the issue of a Rex Flyer
Reward Flight ticket will incur a Re-issue Fee per flight sector. 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.
(b) 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.
7.3 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.
(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.
8.
Breach of Terms and Conditions
8.1
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.
9.
Membership Term
9.1
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.
10.
Use of Personal Information
10.1 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.
10.2 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.
10.3 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. Changes to
other details must be made online by the Member on the Rex Flyer website.
Regional Express will not hold any responsibility for the maintenance of member
details.
(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.
10.4 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.
10.5 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.
10.6 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.
10.7 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.
10.8 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.
11.
Termination
11.1
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.
11.2 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.
11.3 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.
11.4 Membership will automatically terminate in the event of death of a Member.
11.5
Unless otherwise set out in these Terms and Conditions, upon termination of a
Membership, Regional Express will not refund the Membership Fee.
12. Governing Laws
12.1 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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