BIG4 Holiday Perks Membership Program Terms and Conditions
Eligibility for Benefits
(a) Subject to clauses 1(b) and 1(c), BIG4 Holiday Perks are available to BIG4 Members with Perks+ Membership or VIPerks Membership who have paid their respective Membership fees in full at the time of electing to use the relevant benefit.
(b) Permanent Residents are only eligible to receive BIG4 Holiday Perks at any BIG4 Park that they do not ordinarily reside in, or maintain a permanent site at.
(c) Any BIG4 Member with a VIPerks Membership who stays in a BIG4 Park for more than 28 consecutive nights will receive a 10% uncapped discount for first 28 nights.
Membership and Benefits
Individuals are eligible for BIG4 Membership by completing the application form available on the Website or at any BIG4 Park or by sending a postal application obtained at a BIG4 Park and paying the required fee (where applicable).
BIG4 offers three levels of Membership:
(a)Perks Membership
(i)Perks is a free Membership level provided automatically to email subscribers to the Website and / or BIG4 Account holders.
(ii)BIG4 Members with Perks Membership receive access to pre-release holiday deals at BIG4 Holiday Parks.
(iii)For the avoidance of doubt, BIG4 Members with Perks Membership are not entitled to any BIG4 Holiday Perks.
(b)Perks+ Membership
Perks+ Membership costs $50 which must be paid upon becoming a BIG4 Member with Perks+ Membership. BIG4 Members with Perks+ Membership receive:
(i)a 10% discount on BIG4 Accommodation up to the value of $50 per stay;
(ii)benefits provided by BIG4 Holiday Perks Benefits Partners;
(iii)a minimum of 1 In-Park Perk during every stay when booked directly through a BIG4 Holiday Park or on the Website; and
(iv)certain discounts applying to accommodation available at Affiliate Parks (as indicated on the Website) from time to time.
(c)VIPerks Membership
VIPerks Membership is a free upgrade offered to BIG4 Members with Perks+ Membership once such members have qualified for VIPerks Membership in accordance with clause 2.3.
BIG4 Members with VIPerks Membership receive:
(i)a 10% discount on BIG4 Accommodation for any stay up to a maximum of 28 consecutive nights (with no cap on the total dollar value of that discount);
(ii)benefits provided by BIG4 Holiday Perks Benefits Partners;
(iii)a minimum of 1 In-Park Perk during each stay when the stay is booked directly through a BIG4 Holiday Park or on the Website; and
(iv)certain discounts applying to accommodation available at Affiliate Parks (as indicated on the Website).
Qualifying for a VIPerks Membership
(a)A BIG4 Member with Perks+ Membership will be upgraded free of charge to a VIPerks Membership once they have:
(i)exceeded a spend amount of $4,000 (including GST and discounts) on BIG4 Accommodation (Qualifying Amount); and
(ii)made and completed 2 Bookings at 2 different BIG4 Parks (each a Relevant Booking),
within 2 years of having obtained a valid Perks+ Membership (VIPerks Membership Criteria).
(b)BIG4 may also offer complimentary upgrades to VIPerks Membership at any time, at its own discretion.
(c)In order for a VIPerks Membership upgrade to be offered to a BIG4 Member with Perks+ Membership, the BIG4 Member must spend the Qualifying Amount at one or more Relevant Bookings and when making a Relevant Booking, the BIG4 Member must:
(i)provide his/her Membership number;
(ii)ensure the name on the Relevant Booking matches the name on his/her Membership Card;
(iii)ensure his/her Perks+ Membership is valid at the time of check-out with respect to the Relevant Booking;
(iv)ensure the Relevant Booking does not overlap with another Booking that has already been applied towards a VIPerks Membership upgrade;
(v)ensure the Relevant Booking period does not exceed 28 days; and
(vi)make the Relevant Booking directly with either a BIG4 Holiday Park or on the Website.
(d)For the avoidance of doubt:
(i)the stay associated with any Booking must have reached check-out date and otherwise completed before that Booking becomes a Relevant Booking;
(ii)cancelled Bookings will not accrue towards, or be counted in respect of, a VIPerks Membership upgrade; and
(iii)any Bookings which have not been paid for in full will not accrue towards a VIPerks Membership upgrade.
(e)Any Booking applied towards a VIPerks Membership accrual will expire 2 years after the check-out date if the VIPerks Membership has not qualified for VIPerks at that time.
Booking History
BIG4 Members can access their Booking History via their BIG4 Account on the Website, to monitor and determine whether their Bookings have met the VIPerks Membership Criteria and can accrue towards earning a VIPerks Membership upgrade.
In the Booking History, each Booking made will display as one of the following:
Pending – will count towards a VIPerks Membership upgrade once the BIG4 Member has checked out;
Applied – counts towards earning a VIPerks Membership upgrade in the future;
Allocated – already counted towards the current VIPerks Membership upgrade;
Invalid – this Booking does not count towards a VIPerks Membership upgrade; and
Expired – Booking was checked out over 2 years ago and no longer counts towards a VIPerks Membership upgrade.
If a BIG4 Member wishes to make any enquiries with regards to his/her Booking History (including, without limitation, rectifying any perceived inaccuracies in the Booking History), they may call the BIG4 National Support office line 1300 738 004.
BIG4 does not guarantee the accuracy of a Booking History.
Once a VIPerks Membership upgrade has been applied
(a)If a BIG4 Member with Perks+ Membership is upgraded to VIPerks Membership in accordance with these Terms, then the Relevant Bookings which were applied to obtain such an upgrade will have the term "Allocated" displayed next to them in the BIG4 Member's Booking History and $4,000 will be deducted from the accrued spend balance in the BIG4 Member's Booking History immediately after reaching the VIPerks Membership level.
(b)A VIPerks Membership upgrade is applied for 2 years.
(c)If a BIG4 Member with a Perks+ Membership qualifies for a VIPerks Membership upgrade:
(i)within 12 months of obtaining a Perks+ Membership or renewing a Perks+ Membership, the Expiry Date will be extended to a date which is 2 years from the date of the upgrade; or
(ii)between 12 – 24 months of obtaining a Perks+ Membership or renewing a Perks+ Membership:
(A)the Expiry Date will remain unchanged; and
(B)upon renewal of the Membership by paying the $50 fee prior to the Expiry Date, the BIG4 Member will automatically renew as a BIG4 Member with VIPerks Membership for a 2 year period.
If a BIG4 Member fails to renew the Membership before the Expiry Date in accordance with clause 4, the BIG4 Member loses the right to renew as a BIG4 Member with VIPerks Membership and the accrual of Relevant Bookings and spend balance will be reset to nil.
Membership Period
Subject to these Terms:
(a)Perks Membership continues for as long as the BIG4 Member is an email subscriber to the Website and/or a BIG4 Account holder; and
(b)Perks+ Membership and VIPerks Membership each last for a period of 2 years.
Membership Cards
(a)BIG4 Members with Perks+ or VIPerks Membership can opt to receive a physical or digital Membership Card at the time of becoming a BIG4 Member with the requisite level of Membership. In the absence of any election by the BIG4 Member, a physical Membership Card will be provided.
(b)All physical Membership Cards remain the property of BIG4. The BIG4 Member must exercise reasonable care in having and maintaining a physical Membership Card and return or destroy it at the request of BIG4.
(c)Should a BIG4 Member have a reasonable basis to require a replacement of a physical Membership Card, BIG4 will use reasonable endeavours to cancel the existing Membership Card and issue a replacement card to the relevant BIG4 Member. Any physical Membership Card replacement will be sent to the BIG4 Member's address registered to their BIG4 Account.
(d)A digital Membership Card may be obtained from a BIG4 Park and is available to print from the BIG4 Membership portal on the Website (www.big4.com.au/perks) at any time.
(e)There is no difference between the value and benefits attached to a physical Membership Card and a digital Membership Card.
(f)For the avoidance of doubt, a physical Membership Card is not a credit card, EFTPOS card or any other card giving rise to the access of cash.
Membership Renewal and Cancellation
(a)Memberships can be renewed either via the Website, at a BIG4 Park or by sending a postal renewal application form and paying the required fee.
(b)Memberships must be renewed as indicated below for each Membership level before the Expiry Date in order to retain the existing level of Membership and the accrual of Relevant Bookings and spend balance made towards earning VIPerks Membership.
(c)Failing to renew before the Expiry Date will reset the accrual of Relevant Bookings and spend balance towards a VIPerks upgrade to nil and will result in any Membership level being downgraded to Perks Membership.
(d)BIG4 Members with Perks+ Membership or VIPerks Membership can opt to receive a physical or digital Membership Card upon renewal. In the absence of any election by the BIG4 Member, a physical Membership Card will be provided.
(e)BIG4 does not take any responsibility in any potential delays or losses of cheques or any other payments methods when a BIG4 Member has chosen to send a postal renewal application form. This includes, without limitation, the loss of cheques, intercepted mail with malicious intent and delays in processing the Membership renewal which pass the relevant Expiry Date.
Perks Membership
(a)BIG4 Members with Perks Membership do not need to renew their Membership as this Membership level is free and will continue until it is cancelled in accordance with clause 4.1(c).
(b)If a BIG4 Member has Perks Membership, the BIG4 Member can upgrade at any time in order to have Perks+ Membership at a cost of $50 for 2 years.
(c)If a BIG4 Member has Perks Membership and wishes to cancel his/her Membership, he/she can unsubscribe from the Website and/or deactivate their BIG4 Account at any time by contacting the BIG4 National Support office line 1300 738 004. Such cancellation will occur automatically.
Perks+ Membership
(a)A BIG4 Member with Perks+ Membership can renew their Membership by paying the renewal fee of $50 before the Expiry Date.
(b)Following renewal of Perks+ Membership:
(i)the new Membership Period will commence immediately following the Expiry Date of the previous Membership Period for another 2 year period;
(ii)Relevant Bookings with the term "Applied" displayed next to them in the BIG4 Member's Booking History and the spend balance will continue to accrue towards a VIPerks Membership upgrade and will expire 2 years from the date each Relevant Booking was checked out; and
(iii)the BIG4 Member will retain the same Membership number.
(c)If a BIG4 Member wishes to cancel his/her Perks+ Membership, he/she should not renew the Perks+ Membership prior to the Expiry Date, and unsubscribe from the Website and/or deactivate his/her BIG4 Account at any time by contacting the BIG4 National Support office line 1300 738 004. Such cancellation will occur automatically.
VIPerks Membership
(a)Subject to clause 2.5(c)(ii), a BIG4 Member with VIPerks Membership must qualify for a VIPerks Membership renewal before the Expiry Date. In order to qualify for such renewal the VIPerks Membership Criteria must be fulfilled.
(b)Subject to clause 2.5(c)(ii), a BIG4 Member with VIPerks Membership can renew their VIPerks Membership by (i) paying the renewal fee of $50 before the Expiry Date and (ii) meeting the VIPerks Membership Criteria.
(c)Where a BIG4 Member qualifies to renew its VIP Membership and renews its VIPerks Membership in accordance with clause 4.3(b):
(i)the renewal period commences the day after the Expiry Date of the previous Membership Period for a further 2 year period;
(ii)the Relevant Bookings taken into account in fulfilling the VIP Membership Criteria will have the term "Allocated" displayed next to them and $4,000 will be deducted from the accrued spend balance, in the BIG4 Member's Booking History immediately after renewal;
(iii)Relevant Bookings with the term "Applied" displayed next to them in the BIG4 Member's Booking History and the remaining spend balance which was not taken into account in fulfilling the VIP Membership Criteria will remain unchanged until they reach the expiry date of 2 years from the date each Relevant Booking was checked out; and
(iv)the BIG4 Member will retain the same Membership number.
(d)If a BIG4 Member with VIPerks Membership has not fulfilled the VIPerks Membership Criteria in order to qualify for VIPerks Membership renewal before the Expiry Date but wishes to continue maintaining a BIG4 Membership then:
(i)either (A) on payment of the $50 renewal fee, the BIG4 Member's Membership will become a Perks+ Membership, or (B) in the absence of the $50 renewal fee payment, the BIG4 Member's Membership will become a Perks Membership;
(ii)the new Membership Period will commence immediately following the Expiry Date of the previous Membership Period;
(iii)Relevant Bookings with the term "Applied" displayed next to them in the BIG4 Member's Booking History and the remaining spend balance will remain unchanged until they reach the expiry date of 2 years from the date the Relevant Booking was checked out; and
(iv)the BIG4 Member will retain the same Membership number.
Member Disqualification
(a)BIG4 reserves the right, at any time, to verify the validity of BIG4 Members (including their personal details), their Booking History and to disqualify any BIG4 Member who tampers or appears to have tampered with their account balance, including but not limited to, use of software or any other mechanical means that allows a BIG4 Member to misrepresent the actual accrued Bookings towards a VIPerks Membership upgrade. Digital errors and/or omissions may be accepted or rejected at BIG4's sole discretion.
(b)If the Program is interfered with in any way by a BIG4 Member or any other person (including but not limited to technical difficulties, unauthorised intervention or fraud) BIG4 reserves the right, in its sole discretion, to disqualify any BIG4 Member (or any other person), terminate the Terms with respect to that BIG4 Member or refuse an application for Membership from any such person.
(c) BIG4 wants guests to feel safe and respected at BIG4 parks. BIG4 reserves the right to disqualify any BIG4 Member where:
(i) BIG4 has reasonable grounds to believe that the BIG4 Member has engaged in behaviour at a BIG4 park that is anti-social, such as:
(A) behaviour that harms or has the potential to harm the safety and well-being of other people at the BIG4 park;
(B) engaging in behaviour that violates the basic rights of another person (including BIG4 staff, guests or visitors) at the BIG4 park;
(C) engaging in behaviour that is overtly and intentionally aggressive or hostile to others (including BIG4 staff, guests or visitors) at the BIG4 park; and
(D) engaging in behaviour that is contrary to prevailing norms for social conduct and which behaviour could foreseeably harm another person (physically, mentally or emotionally) that is at the BIG4 park; or
(ii) BIG4 has reasonable grounds to believe that the BIG4 Member has engaged in behaviour at a BIG4 park that is morally repugnant, including but not limited to engaging in racist taunts or sexual harassment; and
(iii) BIG4 has reasonable grounds to believe that the BIG4 Member has engaged in behaviour at a BIG4 park that could foreseeably lead to that BIG4 Member being arrested and/or charged with a criminal offence and BIG4, in its sole discretion believe that the BIG4 Member could pose a threat of any kind to BIG4 staff, guests and visitors.
BIG4 Holiday Perks
Perks+ and VIPerks Membership Accommodation Savings
BIG4 Members with either Perks+ Membership or VIPerks Membership are offered a discount on BIG4 Accommodation (see clause 2.2) (Membership Saving). Obtaining the Membership Saving is subject to the conditions described below:
(a)Membership Savings are not available to be used in conjunction with any other discount, promotion or package offered by BIG4, a BIG4 Holiday Park or other third party with respect to accommodation.
(b)The Membership Saving is for 1 site or 1 cabin per stay at a BIG4 Holiday Park, being:
(i)Perks+ Membership - a 10% discount up to a value of $50 per stay; The changes to the discount cap from $40 to $50 for Perks+ members will only apply to new bookings made after 19 June 2018 and
(ii)VIPerks Membership - a 10% discount per stay for the first 28 consecutive nights (with no cap on the total dollar value of that discount).
(c)The Membership Saving may be claimed at any BIG4 Holiday Park.
(d)To obtain the Membership Saving:
(i)Bookings must be made directly with the relevant BIG4 Holiday Park at which BIG4 Accommodation is sought or via the Website.
(ii)the Booking must be made in the name of the BIG4 Member;
(iii)the BIG4 Member in whose name the BIG4 Accommodation is booked must also quote his/her valid BIG4 Membership number as printed on the Membership Card at the time of check-in.
(e)For the avoidance of doubt, Bookings made through agents or other intermediaries such as third party booking sites are not eligible for the Membership Saving.
(f)BIG4 does not guarantee the availability of any BIG4 accommodation at any time or location to any BIG4 Member (or any other person).
In-Park Perks
BIG4 Members with either Perks+ Membership or VIPerks Membership are offered In-Park Perks during stays at BIG4 Holiday Parks. The following terms apply to obtaining any In-Park Perks:
(a)In-Park Perks (if applicable) can be found on the Park Overview page on the Website.
(b)In-Park Perks can be seasonal and the type of In-Park Perk available (if any) is at the discretion of the BIG4 Park.
(c)In-Park Perks can only be redeemed once per stay and will be provided to the person who is named on the Membership Card.
(d)In-Park Perks must be arranged directly with the BIG4 Park the BIG4 Member is staying at.
(e)In-Park Perks can be updated at any time and without prior notice.
(f)In-Park Perks are not transferrable or redeemable for cash.
(g)In making a Booking at a BIG4 Park, the BIG4 Member will be required to agree to the terms and conditions which apply to the relevant BIG4 Park (Park Terms) and the Park Terms may include terms which relate to obtaining, using, redeeming or otherwise accessing any In-Park Perk. The Park Terms are at the discretion of the operator of the relevant BIG4 Park.
(h)BIG4 does not guarantee the availability of any In-Park Perk at any time or location to any BIG4 Member (or any other person).
(i)In-park Perks can be substituted at any-time if the listed in-park Perk is unavailable for any reason.
BIG4 Holiday Perks Benefits Partners
(a)Benefits are also available to BIG4 Members with Perks+ Membership and VIPerks Membership from BIG4 Holiday Perks Benefits Partners (Partner Benefits).
(b)Partner Benefits can be found on the Website.
(c)To claim Partner Benefits from BIG4 Holiday Perks Partners, the BIG4 Member must present a valid Membership Card to the BIG4 Holiday Perks Partner at the time of purchase of the Partner Benefit. If the transaction is being made by phone or via the internet, the BIG4 Member or representative must provide details of the BIG4 Member's Membership Card to the relevant BIG4 Holiday Perks Partner at the time of purchase.
(d)Partner Benefits (if any) offered by a BIG4 Holiday Perks Partner are subject to availability and any terms and conditions determined by the BIG4 Holiday Perks Benefits Partner which are available on the Website.
(e)Each BIG4 Holiday Perks Benefits Partner may change, cancel or vary their offer of Partner Benefits to BIG4 Members without notice. Any such change will not impact any confirmed purchase of a Partner Benefit by a BIG4 Member.
(f)BIG4 does not guarantee the availability of any Partner Benefit promoted by or in connection with a BIG4 Holiday Perks Benefits Partner.
(g)BIG4 may receive a payment from the BIG4 Holiday Perks Benefits Partner in connection with the promotion of the Partner Benefit or its redemption by a BIG4 Member. Any such payment will be advised to you as part of the Partner Benefits terms and conditions.
BIG4 Guarantee
(a)BIG4 Members with Perks+ or VIPerks Membership receive the benefit of a money back guarantee as described in this clause 7.
(b)If a BIG4 Member with Perks+ or VIPerks Membership is not fully satisfied with the facilities or service of a BIG4 Holiday Park within 1 hour of check-in at the relevant BIG4 Accommodation (and notifies the relevant BIG4 Park in accordance with clause7(c)), the cost of BIG4 Accommodation will be cheerfully refunded.
(c)To receive a refund under this clause 7, BIG4 Park reception must be notified within 1 hour of check-in that the BIG4 Accommodation is unsatisfactory. Guests must also check out of the BIG4 Park at that time.
BIG4 Member Acknowledgement
In accepting these Terms, each BIG4 Member acknowledges that:
(a)each BIG4 Holiday Park (and consequently, the relevant BIG4 Accommodation) is operated by a franchisee pursuant to a franchise right granted by BIG4;
(b)each BIG4 Holiday Perks Partner is an independent contractor who has no other relationship with BIG4, and that each BIG4 Holiday Perks Partner is not permitted to make any representation on behalf of, and is unable to bind, BIG4;
(c)BIG4 Membership is personal to the BIG4 Member and is not transferable, assignable or refundable;
(d)BIG4 Membership cannot be converted into cash; and
(e)there is a strict limit of 1 BIG4 Membership per person.
Changes to the Program
Change of Benefits
(a)BIG4 may make any changes to the Program, including changing these Terms, the Membership Savings or the BIG4 Holiday Perks Partners at any time.
(b)BIG4 will advise BIG4 Members of all changes to these Terms and request their acceptance of the amended Terms at least 3 months' in advance of such changes taking effect.
(c)If any BIG4 Member does not accept any proposed changes to the Terms, such BIG4 Member may terminate the Terms with respect to his/her Membership and the Membership itself, without liability, by providing written notice of such termination to BIG4.
Termination or Suspension of Program
(a)BIG4 may cancel, terminate, modify or suspend the Program at any time and for any reason.
(b)Subject to clause 9.2(c), if BIG4 chooses to end or suspend the Program, BIG4 will give at least 3 months' written notice to BIG4 Members of such termination or suspension. In such circumstances:
(i)all confirmed Bookings will be fulfilled by BIG4 at the discounted rates offered to BIG4 Members;
(ii)BIG4 Members with either Perks+ or VIPerks Membership who have not received BIG4 Holiday Perks up to a value of $50 during the current Membership Period will have their Membership fee refunded in full; and
(iii)for the avoidance of doubt, BIG4 Members with either Perks+ or VIPerks Membership who have received BIG4 Holiday Perks up to a value of $50 or more during the current Membership Period will not receive a refund,
and in any case, neither BIG4 nor any BIG4 Park is liable to any person for any cost, liability, claim or expense arising as a result of cancellation or termination of the Program.
(c)If BIG4 ceases to operate a holiday park franchise for any reason, the Program will cease immediately and:
(i)BIG4 will provide all BIG4 Members with written notice of the termination of the holiday park franchise and the Program within 7 Business Days of such decision being made (Termination Date);
(ii)all confirmed Bookings made with respect to stays [commencing on the Termination Date until such time as the holiday park franchise ceases to be operated by BIG4 (or 12 months from the Termination Date, whichever occurs sooner)] will be fulfilled by BIG4 at the discounted rates offered to BIG4 Members;
(iii)BIG4 will not accept any further Bookings to be made following the date of the notice referred to in clause 9.2(c)(i);
(iv)BIG4 Members with either Perks+ or VIPerks Membership who have not received BIG4 Holiday Perks up to a value of $50 during the current Membership Period will have their Membership fee refunded in full; and
(v)for the avoidance of doubt, BIG4 Members with either Perks+ or VIPerks Membership who have received BIG4 Holiday Perks up to a value of $50 or more during the current Membership Period will not receive a refund,
and in any case, neither BIG4 nor any BIG4 Park is liable to any person for any cost, liability, claim or expense arising as a result of cancellation or termination of the Program.
(d)If an individual does not agree to abide by, or accept these Terms, they must not apply for, nor maintain any Membership.
Collection of Information
BIG4 collects and uses Personal Information in accordance with its Privacy Policy and Privacy Law. In addition, BIG4 collects an individual's Personal Information from that individual's BIG4 Membership application, any revisions of that information made by or on behalf of the BIG4 Member, any Bookings made by a BIG4 Member where the BIG4 Member's Membership number is used and from BIG4 Holiday Perks Benefits Partners when BIG4 Members deal with them in connection with their BIG4 Membership. BIG4 collects that Personal Information to conduct and administer the Program, as well as processing Bookings, conducting research about the Program and developing and marketing goods and services. BIG4 may, for this purpose, disclose such information to third parties, including but not limited to analytics providers, technology solution providers, data storage and processing providers and marketing and digital agencies for the sole purpose for which it was collected. Please note that Personal Information may be transferred outside of Australia to the United States, for the sole purpose for which it was collected. If the information requested is not provided, the individual may not participate in the Program or receive the benefits otherwise available under the Program. By participating in the Program, unless otherwise advised by the individual, each individual also agrees that BIG4 may use their Personal Information, for profiling and research.
BIG4 Members have the right to access their Personal Information held by BIG4 and to request that their Personal Information be corrected, updated, or deleted. To exercise this right or to raise a formal complaint concerning a breach of Privacy Law, please contact BIG4 via our contact page or via our postal address PO BOX 543, Camberwell, Victoria, 3124 Australia or by calling 1300 738 044. BIG4 is an entity covered by the NDB (Notifiable Data Breach) Scheme and all BIG4 security incident response activities must act accordingly to NDB provisions. BIG4 will notify the Office of the Australian Information Commissioner of any data breach covered by the NDB Scheme.
BIG4 may update its privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
Liability
Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by Law.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on a BIG4 Member by the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable Law that cannot be excluded, restricted or modified by agreement.
To the fullest extent permitted by Law, BIG4's liability to a BIG4 Member for a breach of a non-excludable guarantee referred to in clause 11.2 is limited, at BIG4's option, to, in the case of services, any one or more of the following:
(a)the supplying of the services again; or
(b)the payment of the cost of having the services supplied again.
Subject to clauses 11.1 and 11.2, neither BIG4, nor its officers, employees or agents shall be liable to any BIG4 Member for:
(a)any tax liability incurred by a BIG4 Member in connection with this Program;
(b)any loss or liability resulting from technical errors or issues associated with crediting Booking History onto a BIG4 Account;
(c)any loss or liability resulting from communication to any BIG4 Member that is late, lost or misdirected for any reason, including, but not limited to, spam filters operating on a BIG4 Member's email account, being unsubscribed or other system configuration problems;
(d)any loss or liability resulting from problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any website or intranet site, or any combination thereof, including (but not limited to) any injury or damage to a BIG4 Member's or any other person's computer related to or resulting from participation in or downloading any materials in the Program.
Subject to this clause 11 and to the maximum extent permitted by Law, neither party (Party 1) is liable to the other party (Party 2) or to any other person for:
(a)any loss or damage of any kind caused by or resulting from any act or omission of Party 1 or any of its employees, agents or contractors in connection with these Terms, other than loss or damage directly arising from the negligence or wilful misconduct of Party 1 or its officers, employees or agents; or
(b)any loss of profits or anticipated profits, economic loss, loss of business opportunity, loss or damage resulting from wasted management time or any special, incidental, indirect or other consequential loss or damage, even if notified of the possibility of that potential loss or damage and irrespective of whether it is due to negligence, breach of contract or any other cause.
For the avoidance of doubt, BIG4 does not provide any warranties, guarantees or representations, express or implied, with respect to the Membership Savings, In-Park Perks and Partner Benefits (together, the Benefits), as the Benefits are provided by independent suppliers. Accordingly, nothing in these Terms has any impact on any warranties, guarantees or representations (express or implied) provided by such independent suppliers with regards to the Benefits.
Dispute resolution
If a dispute arises between BIG4 and a BIG4 Member out of or in connection with these Terms, including its construction, effect, the rights and obligations of the parties, the performance, breach, rescission or termination of these Terms, the entitlement of any party to damages or compensation (whether for breach of contract, tort or any other cause of action) or the amount of that entitlement (Dispute), the party claiming that a Dispute has arisen must give the other party a notice containing particulars of the Dispute (Dispute Notice).
During the period of 5 Business Days from the date that the Dispute Notice is given, or any longer period agreed in writing by BIG4 and the BIG4 Member (Initial Period), each of the parties must use its reasonable endeavours and act in good faith to resolve the Dispute by discussion and negotiation.
If the parties are unable to resolve the Dispute within the Initial Period, the Dispute must be referred to the managing director (or their nominee) of BIG4 to resolve with the BIG4 Member. The parties must:
(a)meet promptly (and in any event within 5 Business Days) after the Dispute is referred to them; and
(b)use their reasonable endeavours and act in good faith in an attempt to resolve the Dispute within 5 Business Days after the Dispute is referred to them or any longer period agreed in writing by the parties.
If the managing director of BIG4 and the BIG4 Member have been unable to resolve the Dispute within the period referred to in clause 12.3, then the parties must submit the Dispute to mediation administered by the Australian Dispute Centre (ADC) in accordance with the ADC Commercial Mediation Guidelines (Rules), which Rules are taken to be incorporated into these Terms.
If a Mediator is appointed under clause 12.4, each party must:
(a)pay its own costs of complying with this clause 12 and the costs of the Mediator and any other costs of complying with this clause 12 must be shared equally by the parties; and
(b)continue to perform their obligations under these Terms while the Dispute is being resolved.
No party may commence any judicial proceedings in relation to the Dispute unless:
(a)it has complied with any obligation on it under this clause 12;
(b)those proceedings are commenced for the purpose of enforcing this clause 12 or to seek interlocutory relief; or
(c)following the procedures in clauses 12.1 to 12.4 would mean that a limitation period for a cause of action arising from or relating to the Dispute will expire.
No disparagement
BIG4 and BIG4 Members agree not to discredit or disparage each other, in relation to or in connection with any Dispute that may arise between them, these Terms, the Program or any other matter contemplated by these Terms.
General
These Terms contain the entire understanding between the parties concerning the subject matter of these Terms and supersedes, terminates and replaces all prior agreements and communications between the parties concerning that subject matter. Each party acknowledges that, except as expressly stated in these Terms, it has not relied on any representation, warranty, undertaking or statement made by or on behalf of another party in relation to these Terms or its subject matter.
Any provision of these Terms which is invalid in any jurisdiction must, in relation to that jurisdiction, be:
(a)read down to the minimum extent necessary to achieve its validity, if applicable; and
(b)severed from these Terms in any other case,
without invalidating or affecting the remaining provisions of these Terms or the validity of that provision in any other jurisdiction.
A BIG4 Member cannot assign or otherwise deal with the benefit of these Terms without the prior written consent of BIG4.
The relationship between a BIG4 Member and BIG4 for all purposes of these Terms is that of service provider and customer. These Terms are to be construed in every respect to give effect to this independence. Nothing in these Terms may be construed as creating a relationship of partnership, of principal and agent or of trustee and beneficiary.
A failure to exercise, a delay in exercising or partially exercising any power, right or remedy conferred on a party by or in respect of these Terms does not operate as a waiver by that party of the power, right or remedy. A single or partial exercise of any power, right or remedy does not preclude a further exercise of it or the exercise of any other power, right or remedy. A waiver of a breach does not operate as a waiver of any other breach.
These Terms are governed by and must be construed in accordance with the Laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, its performance or subject matter.
Definitions
Unless the context otherwise requires in these terms and conditions:
Affiliate Park means a park which is listed on the Website as an "affiliate" park and is not a BIG4 Park;
BIG4 means BIG4 Holiday Parks of Australia Pty Ltd ACN 006 437 038;
BIG4 Accommodation means the accommodation facilities contained in, or operated as part of, any BIG4 Holiday Park;
BIG4 Account is an account established by a BIG4 Member on the Website;
BIG4 Holiday Park or BIG4 Park means a holiday park operated by a franchisee of BIG4 as listed on the Website;
BIG4 Holiday Perks means the benefits which are available to BIG4 Members who have a Perks+ Membership or VIPerks Membership;
BIG4 Holiday Perks Benefits Partner means a Person who has agreed with BIG4 to make an offer of benefits to BIG4 Members for the purposes of clause 6.3;
BIG4 Member means an individual whose application to join the Program has been accepted by BIG4;
Booking means a booking made by a BIG4 Member to stay at BIG4 Accommodation for the purposes of visiting a BIG4 Park;
Booking History is the history of Bookings for each BIG4 Member, which includes details of the status of each Booking and whether or not a Booking provided any benefit to the BIG4 Member for the purposes of obtaining a VIPerks Membership (a copy of which each BIG4 Member can access through the Website);
Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Victoria, Australia;
Expiry Date means the expiry date of the Membership as indicated on the BIG4 Account and on the digital Membership Card;
In-Park Perks mean any specific benefits which are offered at a BIG4 Park and which are unique to the facilities and services of each specific BIG4 Park. They may include, without limitation, early check-in, late check-out, free WI-FI, go-cart hire discount or mini-golf discount;
Law means:
(a)principles of law or equity established by decisions of Australian courts;
(b)statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency; and
(c)requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that have the force of law;
Mediator means is a person:
(a)having appropriate qualifications and experience relevant to determining the Dispute;
(b)who is agreed by the parties or, failing agreement within 5 Business Days, is nominated at the request of any party by the Institute of Arbitrators and Mediators Australia in accordance with its Mediation and Conciliation Rules; and
(c)who does not act, or whose firm does not act, generally for any party;
Membership means membership of the Program (being either Perks Membership, Perks+ Membership or VIPerks Membership);
Membership Card means either the physical or digital card that is issued by BIG4 to a BIG4 Member which is valid for the Membership Period and identifies the BIG4 Member's Membership in the Program (including the level of Membership);
Membership Period means, unless otherwise terminated in accordance with these Terms, the period of time stipulated in clause 2.6 during which a BIG4 Member's Membership is active;
Membership Saving means a discount on BIG4 Accommodation made with a BIG4 Holiday Park pursuant to clause 6.1;
Perks Membership means the level of membership referred to in clause 2.2(a);
Perks+ Membership means the level of membership referred to in clause 2.2(b);
Permanent Residents mean individuals who (i) either have Perks+ Membership or VIPerks Membership and (ii) live in a BIG4 Park or are annual residents of a BIG4 Park who maintain a permanent site within a BIG4 Park;
Person includes a natural person, partnership, body corporate, association, joint venture, governmental or local authority, and any other body or entity whether incorporated or not;
Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth);
Privacy Law means all Laws relating to the privacy, confidentiality or use of any information about individuals, including the Privacy Act 1988 (Cth);
Program means the holiday perks membership program owned and administered by BIG4 under the name "BIG4 Holiday Perks" or such other name as determined by BIG4 from time to time;
Terms means these terms and conditions as amended from time to time;
VIPerks Membership means the level of membership referred to in clause 2.2(c); and
Website means the website located at www.BIG4.com.au.
