Terms and Conditions
Please read these Terms and Conditions carefully and ensure you understand before progressing with your booking.
Brilliant Travels will do all possible to provide the best of service, knowledge, and advice, to ensure a seamless travel experience. These terms and conditions apply to all bookings you make with Brilliant Travels, including bookings made in-store, over the phone, or by email. Brilliant Travels relies on the person making the booking to act on behalf of any other traveller on the booking and that person will bind all such travellers to these terms and conditions.
Brilliant Travels is a member of ATAS and an associate member of Helloworld Travel.
Brilliant Travels also acts as an agent on behalf of third-party suppliers, including transport providers, accommodation providers, airlines, cruise lines, rail operators and wholesalers. In this capacity, we arrange and coordinate your travel arrangements on your behalf through contracts arranged between yourself and reputable third-party suppliers. We recommend you read and understand the terms and conditions of each of the third-party suppliers we have arranged travel for you through. We can provide you with a copy upon request.
We confirm that all services, coupons, receipts, and tickets are reserved and issued, subject to the terms and conditions specified by our third-party suppliers (refer to their individual brochures and/or websites), as well as Brilliant Travels Terms and Conditions.
Brilliant Travels reserves the right to amend these terms and conditions (including travel credit terms and conditions) at any time without prior notice. Any variation will be displayed on our website www.brillianttravels.com.au under ‘Holiday Packages’ and you will be deemed to have accepted a variation if you have made a booking after it has been displayed.
You and your fellow travelling party, acknowledge that Brilliant Travels act as an agent on behalf of third-party suppliers, including transport providers, accommodation providers, airlines, cruise lines, rail operators and wholesalers. We do not provide or have control over, or liability for, the services provided by third parties. The third-party supplier is liable to you for a breach of obligations in providing you with the travel product purchased. Your legal rights in connection with the provision of travel services are against the third-party supplier and not against Brilliant Travels, and you acknowledge that services not provided will still incur fees and/or commission retention received.
Brilliant Travels takes no responsibility for changes in services offered by third party suppliers. Travel products offered are subject to availability and can be withdrawn without notice by the provider. Travel products may also change at any time in accordance with the third-party suppliers’ terms and conditions. Brilliant Travels provide all information in good faith. To the maximum extent permitted by law, neither Brilliant Travels nor its directors, employees, any subsidiary or group company or representative shall be liable in contract, tort or otherwise for any inconvenience, delay, loss, death, injury, additional expense or damage to you or your belongings or otherwise related to your bookings and travel, including, without limitation, in relation to claims arising directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third-party suppliers, over whom we have no direct control.
You acknowledge that travel during COVID-19 presents complexity and risk, and hence to the maximum extent permitted by law, Brilliant Travels excludes all liability in respect of any event which is beyond our control (including illness or death, changes to travel arrangements, changes to restrictions and transit points, changes to border controls, quarantine requirements) including, but not limited to, any relation to epidemic or pandemic that impacts on your booking.
Brilliant Travels
Travel advice and health requirements
Brilliant Travels recommends that you contact the Department of Foreign Affairs and Trade or visit their website at www.smarttraveller.gov.au for general travel advice, health requirements and safety alert levels relating to the country you wish to visit. Travel advice should be checked regularly as changes may occur without notice.
You are choosing to travel at a time where you may be exposed to Coronavirus. It is your responsibility to ensure you have read and understand all relevant travel information and mandates.
We recommend that you consult with your doctor or travel medical clinic prior to commencing your travel to ensure you are aware of any health requirements and recommended precautions relevant to the countries you are travelling to. It is your responsibility to ensure you meet the health and fitness requirements of your travel booking, and Brilliant Travels takes no responsibility should your health or fitness prevent your ability to fulfill your travel arrangements.
You as the traveller are responsible to ensure the advice, opinion, and information in relation to travel products purchased, are suitable to your travel needs and wishes. Should any product be deemed unsuitable, Brilliant Travels is not liable for any inconvenience, expense or loss incurred.
It is your responsibility to ensure that you carry all necessary vaccination documentation with you, as failure to present required vaccination documents (e.g., COVID-19 vaccination or proof of Yellow Fever vaccination) may result in your denied boarding onto an aircraft, train, ship, coach or other form of transport or travel provider, or entry to a foreign country or entry into Australia.
When making a booking you must advise your Travel Consultant of any medical, dietary or mobility conditions you may have. Please also advise us if you are pregnant. Medical requests are subject to the travel providers discretion, subject to their ability to fulfill the request, including external factors. Note, requests cannot be guaranteed and are beyond the control of Brilliant Travels.
Passports & Visas
A valid passport with a minimum of 6 months validity from return date is mandatory for all international travellers.
When making an international booking, please provide a copy of your passport. You must advise immediately should you not have a valid Australian passport. It is the responsibility of the traveller to ensure that passports, visas, re-entry visas and permits meet the requirements of immigration and all relevant government authorities. Any fines, penalties, loss of travel or related expenses will be the sole responsibility of the traveller.
Brilliant Travels can provide general information regarding passport and visa requirements including transit visa requirements, but it is your responsibility to ensure you comply with all regulations before travelling.
Brilliant Travels does not assist or arrange any specific visa or entry requirements, including entry requirements relating to COVID-19. It is the responsibility of the traveller to arrange these.
Travel Insurance
Travel Insurance is strongly recommended for both domestic and international travel, as recommended by the Department of Foreign Affairs and Trade.
Brilliant Travels can provide a quote on a recommended travel insurance policy. It is the responsibility of the traveller to ensure all information provided is correct and in full, including any pre-existing medical conditions, to ensure correct and adequate coverage if a policy is to be taken out. Travel insurance provides cover from the time the premium is paid, and the policy issued, and it is recommended a policy is taken out as soon as a deposit is paid.
Price and booking terms
All prices are quoted in AUD and are inclusive of GST unless otherwise advised. Prices quoted or booked in person, over the phone or via email are subject to availability at the time of booking and can be withdrawn or varied without notice. Reasons for price variations may include factors outside of our control such as adverse currency fluctuations, fuel surcharges, airfare, and tax variations. The price is only confirmed once your booking has been paid for in full by you by the advised payment due date. Please contact your Travel Consultant for confirmation of the price at the time you are paying in full for your travel. Port, service, and government taxes are subject to change up until time of departure. There may also be a local tax charged at some airports upon departure and at some hotels dependent on countries visited.
Payments can be made via cash direct to our office, bank transfer (please contact our office for bank details) or via credit card, which will attract a surcharge of 1%.
Due to the nature of the travel industry and dynamic pricing, prices in some cases may reduce after the time of deposit payment. Brilliant Travels has no control or advance notice when this occurs. Please be aware that at the time you confirm your reservation and by paying your deposit you are also confirming and agreeing to the price and inclusions available at the time of reservation. Credit card fees apply for all bookings. Electronic Payments are accepted however take at least 2-3 working days to clear. Should a payment be provided without the relevant clearance period, penalties may apply. Additional airline charges: some third-party suppliers may also charge additional fees for checked baggage, in-flight food, drinks, and seat reservations. Full details can be provided at the time you make your reservation.
Reservation Deposit
A Brilliant Travels Deposit is payable at the time of booking and is in addition to any deposits charged by the tour operator/airline or other third-party supplier. All deposits are non-refundable for change of mind or cancellations by you. If you have purchased Travel Insurance this may cover cancellation fees but will be subject to the relevant policy of insurance.
Service Fees
A Brilliant Travels service fee of $25.00 per person each way for domestic and $50.00 per person each way for international, will be added to all flight bookings.
We may receive commissions, fees, gifts, or financial incentives from third party suppliers in relation to your booking. All fees, commissions and financial incentives are non-refundable, even if the travel product is not used.
Special Requests
Please ensure you have entered your frequent flyer, hotel and/or cruise line membership details on the Brilliant Travels booking form for inclusion in your booking. We cannot guarantee that the supplier/airline will credit your account with membership points or benefits. Please check your frequent flyer program or other loyalty program for terms and conditions.
Special requests such as airline seating, meals, non-smoking rooms, bedding configuration, specific room requests in hotels and cruise cabin location, are at the discretion of the third-party supplier or operator. Whilst Brilliant Travels will do its utmost to notify the third-party suppliers or operators of your special needs, there is no guarantee these will be accommodated.
Cancellation and change fees
Your rights to amend or cancel your travel booking and the cost of doing so will be determined by third-party supplier terms and conditions, as well as these Brilliant Travels terms and conditions. In addition to any fees and penalties charged by Third Parties (airlines, wholesalers, cruise lines, rail providers, coach companies and suppliers), a Brilliant Travels cancellation fee will apply. If you cancel before full payment, a Brilliant Travels cancellation fee equal to your deposit will be charged. After final payment, a Brilliant Travels cancellation fee of the initial deposit amount, plus 20% of the total per person booking amount or $400.00 per person, whichever is greater, will apply.
Amendments to your booking after a deposit has been received, will incur a fee of $100.00 per person, per amendment, plus any additional fees and penalties charges imposed by Third Parties (the relevant airline, wholesaler and supplier etc).
Fees may result in a 100% loss of your booking cost. Many third-party suppliers treat name changes and route and/or itinerary alterations as a full cancellation and these can incur full cancellation charges.
Any refunds due will be provided after the funds are received by us from the third-party supplier/s. In the event of a cancellation of your booking by a third-party supplier, Brilliant Travels will not process the refund unless and until we receive the refund from the relevant third-party supplier/s. Note that refunds can take up to 12 weeks or longer to process, and whilst we will assist in this process, Brilliant Travels does not take any responsibility for the length of time taken by the third-party suppliers.
Travel cancellations and changes due to government regulations and the impact of, but not limited to, COVID-19 or other impacts outside of your and Brilliant Travels control, may impact your rights under the consumer guarantee provisions of the Australian Consumer Law. In some cases, a third-party supplier may offer a credit note or a voucher in place of a refund, which should have an expiration date which is long enough to allow you to use the credit note or voucher. If a supplier has offered a credit, then Brilliant Travels will continue to act as the booking agent.
Should your travel plans be cancelled or postponed outside of your or our control, refunds and/or credits/vouchers will be determined by the third-party supplier/s as per their terms and conditions.
Brilliant Travels reserves the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent.
No Show
If you have a booking for a Travel Service (including flights, accommodation, cruise line, rail travel, car hire, coach, or any other service) but you do not show up to check-in or otherwise do not avail yourself of such Travel Service, you will not be entitled to any refund from Brilliant Travels.
Force Majeure
Brilliant Travels will not be liable for any failure, delay, or event in performing our obligations under these terms and conditions which are beyond our control. Such causes may include but are not limited to: acts of God, accident, government travel restrictions, epidemic, quarantine, pandemic, outbreaks of infectious disease or public health concerns of any nature, actual or threatened war, riots, civil strife, terrorist activity, industrial disputes, strikes, explosion, generalised lack of raw materials or energy, breakdown of communication facilities, natural and/or nuclear disasters, natural catastrophes, adverse weather conditions, fire, government acts or omissions, or the change in law or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract.
If force majeure applies, the customer will be bound by the third-party suppliers and Brilliant Travels terms and conditions. We will facilitate any refund or credit due. Any booking fees, credit card fees or commissions received are non-refundable in the circumstance that a force majeure event occurs.
Insolvency
Brilliant Travels is not liable for any inconvenience, delay, loss, death, injury, or damage, financial or otherwise, to you or your belongings as a result of any third-party supplier/s or operator becoming bankrupt, insolvent or ceasing to provide services.
Privacy
Brilliant Travels is committed to protecting your personal information and agrees to handle your information in line with our legal obligations and privacy policy. The personal information collected at the time of your booking and/or on your booking form is required to ensure accuracy of reservations made on your behalf and for other purposes as set out in our Privacy Collection Statement including providing relevant information to third-party suppliers such as airlines, hotels, tour companies, rail providers, etc. as required for your booking. Please refer to our Privacy Collection Statement for further information
Full details of the Brilliant Travels Privacy Policy are available here: www.kelsian.com/privacy-policy
Governing Law
These terms and conditions are governed by the laws of South Australia.
Your Responsibility
Prior to confirming your booking with Brilliant Travels, you agree to meet the following requirements:
- You are over the age of 18 and have the power, capacity, and authority to enter into a binding contract with us and the third-party suppliers of the travel products that you acquire.
- You have read these terms and conditions and if booking on behalf of any other travellers, you have conveyed these terms and conditions to them.
- You must complete and sign a Brilliant Travels booking form
- You have read all third-party suppliers’ terms and conditions and agree to be bound by them.
- You must check that all traveller details have been provided to your Travel Consultant and are correct, true, current, and complete.
- For international travel – you must check that your passport has at least 6 months of validity remaining, upon your intended return date to Australia.
- For international travel - you understand that passport, visa, and other required identification of documents are your responsibility.
- You are responsible for checking the accuracy of all documentation provided to you.
- You have considered comprehensive Travel Insurance and we are not responsible for any failure by you to acquire adequate insurance cover.
- You must monitor for any relevant changes to the itinerary before and during travel to ensure no changes have been made which will affect your travel arrangements.
- You understand that border entry requirements due to COVID-19 are your responsibility and may change at any time. This may include, but is not limited to, Government approval to leave Australia, government entry regulations of all foreign countries, vaccination requirements, quarantine requirements, PCR testing requirements, airline caps.
- Should future travel mandates from suppliers and governments require compulsory vaccinations, vary the minimum age, special exemption criteria and/or PCA testing it is the traveller’s responsibility to meet these requirements. Please note you may be required to provide a negative COVID test result for travel and some countries may require further testing on arrival. Any cost for this will be paid for by the traveller.
- You acknowledge that your decision to travel is made based on your own understanding of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, the risks associated with travelling at this time. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
Authority
In the event of an accident, disaster, or emergency in a country where you will or may be travelling, you authorise Brilliant Travels to disclose to the Australian Government Department of Foreign Affairs and Trade details of your itinerary (including without limitation, transport, and accommodation arrangements) and contact details within Australia and overseas. Please refer to www.smartraveller.gov.au for the important Top 10 Safe Travel Tips or refer to leaflet included in your final travel documentation. Other important informational websites are www.dfat.gov.au & www.tsa.gov/index.shtm
Brilliant Gift Card
1. Application
1.1 These terms apply to Brilliant Gift Cards purchased from and Redeemed with Brilliant Travels.
1.2 You agree to be bound by these terms by purchasing, activating, or Redeeming a Brilliant Gift Card, or by making a transaction enquiry in relation to a Brilliant Gift Card.
1.3 If you do not agree to these terms, you must not purchase, activate, or Redeem a Brilliant Gift Card.
1.4 If you are giving a Brilliant Gift Card to another person, you should ensure they are aware of these terms.
2. Purchasing a Gift Card
Purchasing
2.1 You may purchase a Brilliant Gift Card online at the Brilliant Travels Website or the website of any Participating Entity, by providing the details requested and using the payment methods made available to you.
2.2 Payment methods made available include options provided by third party payment processors. Brilliant Travels is not responsible for the acts or omissions of those third party payment processors, and use of their products and services may be subject to additional terms and conditions.
2.3 We may refuse your purchase of a Brilliant Gift Card if we, in our sole discretion, consider the purchase is fraudulent or otherwise in breach of any applicable law.
Selecting a value
2.4 A minimum of $20 and a maximum of $1,000 can be loaded onto a Brilliant Gift Card at the point of purchase.
2.5 At our discretion, we may change the minimum and maximum amounts that can be loaded onto a Brilliant Gift Card, and will update these terms if we do.
Purchase Price
2.6 The purchase price of a Brilliant Gift Card is equal to the value loaded onto the Brilliant Gift Card in accordance with clause 2.4, plus any relevant transaction fees. Transaction fees will be disclosed to you prior to completion of the purchase.
2.7 Purchase prices are in Australian dollars and inclusive of GST.
2.8 We will not Dispatch a Brilliant Gift Card until we have received payment in full.
Personalising a Gift Card
2.9 You may personalise a Brilliant Gift Card by a custom message up to 400 characters (Personalisation).
2.10 We reserve the right to deny to apply any Personalisation we deem, at our sole discretion, to be inappropriate, offensive or otherwise objectionable.
3. Dispatch of Gift Card
3.1 During the purchasing process, you will choose whether to send the Brilliant Gift Card via email to your own email address, or to the email address of another person.
(a) Note, if you would like to print out the Brilliant Gift Card to give to another person physically, you will need to choose to send the Brilliant Gift Card to yourself, rather than the intended recipient.
3.2 Following our receipt of the payment in full for the Brilliant Gift Card, we will Dispatch an email containing the Brilliant Gift Card to the email address nominated.
3.3 If the Brilliant Gift Card has not been received at the nominated email account, please ensure the junk mail or spam mail folder has been searched first. If the Recipient still cannot locate the Dispatch email, please contact us in accordance with clause 13.
3.4 The Brilliant Gift Card will contain a Card Number and an Access Code. These must be kept secure, as anyone with the Card Number and Access Code may Redeem the Brilliant Gift Card.
3.5 There may be a delay between Dispatch of the Brilliant Gift Card and activation of the Brilliant Gift Card. Please contact us in accordance with clause 13 if the Brilliant Gift Card is not activated within 24 hours after Dispatch.
4. Validity
4.1 Brilliant Gift Cards are valid from the point of Dispatch until the expiry date set out in clause 4.2 (Validity Period).
4.2 The expiry date for Brilliant Gift Cards is:
(a) where purchased through the Brilliant Travels Website or the website of any Participating Entity, 3 years from the date of Dispatch; or
(b) where provided to the Recipient by Brilliant Travels or another third party as part of a marketing promotion, loyalty program, or reward scheme, the date nominated on the Brilliant Gift Card (which will generally be less than 3 years from the date it is provided).
5. Redeeming a Gift Card
Redeeming
5.1 Brilliant Gift Cards can be Redeemed during the Validity Period for Eligible Goods and Services from the Participating Entities up to the value loaded onto the Brilliant Gift Card. Value Redeemed is deducted from the Card Balance.
5.2 To Redeem a Brilliant Gift Card, the Recipient must provide the Card Number and Access Code.
5.3 The Recipient does not need to Redeem the value loaded in one transaction. The Recipient may Redeem over a number of separate transactions within the Validity Period.
5.4 Where the price of the Eligible Goods or Services being purchased with the Brilliant Gift Card exceeds the Card Balance, the Recipient must pay the amount in excess of the Card Balance by an alternative payment method at the discretion of the relevant Participating Entity.
5.5 The minimum value that can be Redeemed in a single transaction is $1. At our discretion, we may change the minimum Redemption value, and will update these terms if we do.
5.6 Once the Brilliant Gift Card has reached its expiry date (as set out in clause 4.2), any unspent value cannot be used or Redeemed by the Recipient.
5.7 A Recipient’s use of the Brilliant Gift Card at a Participating Entity is subject at all times to the policies (and, where applicable, terms and conditions) of that Participating Entity regarding the Eligible Goods and Services made available by it. Any such policies and terms and conditions will be made available to the Recipient by the relevant Participating Entity. Transaction fees may apply to purchases made using the Brilliant Gift Card, and these will be disclosed to you prior to completion of a purchase.
No reloading
5.8 Once a Brilliant Gift Card has reached a nil Card Balance, it cannot be reactivated, or reloaded with additional value.
Refunds or Exchanges on Redeemed Goods and Services
5.9 Eligible Goods and Services that are purchased solely or in part with a Brilliant Gift Card may be exchanged or returned subject to the exchange and returns policy of each Participating Entity. Subject to anything to the contrary in the exchange and returns policy of a Participating Entity, amounts refunded will be issued by way of a new Brilliant Gift Card (Refund Card) where the original method of payment was a Brilliant Gift Card. The expiry date for the Refund Card will be identical to that of the Brilliant Gift Card used for the original purchase (as set out in clause 4.2), except in circumstance where that expiry date has already passed, in which case the expiry date will be 60 days from the date of activation.
Exclusions
5.10 Brilliant Gift Cards cannot be:
(a) exchanged for cash;
(b) resold or offered for resale without our prior written consent;
(c) cancelled after purchase and refunded, except in accordance with clause 10.5; or
(d) used to purchase additional Brilliant Gift Cards.
5.11 Card Balances for multiple Brilliant Gift Cards cannot be consolidated onto a new Brilliant Gift Card, although multiple Brilliant Gift Cards can be used to pay for Eligible Goods and Services
6. Transaction enquiries
6.1 The Recipient may check the transaction history and Card Balance of a Brilliant Gift Card by:
(a) visiting the Brilliant Travels Website and providing the Card Number and Access Code; or
(b) calling 1300 765 115 and providing the Card Number and Access Code.
7. Faulty Gift Cards
7.1 Subject to clause 10.5, we will only reissue a Brilliant Gift Card if it is proven to be faulty or damaged as a result of an act or omission of Brilliant Travels or a Participating Entity (for example, where the Brilliant Gift Card never activates and is unusable).
7.2 If you consider a Brilliant Gift Card is faulty, please contact us in accordance with clause 13.
8. Lost or Stolen Gift Cards
8.1 The Recipient must treat the Brilliant Gift Card like cash, and keep the Card Number and Access Code secure. If the Brilliant Gift Card is damaged, lost or stolen, please contact Brilliant Travels in accordance with clause 13. However we have no obligation to replace or refund value for damaged, lost or stolen, or deleted Brilliant Gift Cards except in accordance with clauses 7 and 10.5.
8.2 We reserve the right to place a stop on any Brilliant Gift Card and not allow it to be Redeemed if:
(a) the Brilliant Gift Card is reported as lost, stolen, damaged or deleted;
(b) we believe (or reasonably suspect) that the Brilliant Gift Card has (or will) be used contrary to these terms or any applicable law; or
(c) we believe (or reasonably suspect) there is an error with the Brilliant Gift Card.
9. Privacy
9.1 Brilliant Travels may collect information relating to you (including Personal Information), retain that information in our customer database and use and disclose that information (including Personal Information) in accordance with our Privacy Policy, available at Privacy Policy.
10. Limitation of liability
10.1 The Recipient is responsible for the use and safety of the Brilliant Gift Card, the Card Number and Access Code, and is liable for all Redemptions of the Brilliant Gift Card, except to the extent there has been any fraud or negligence by Brilliant Travels.
10.2 Subject to clauses 10.4 and 10.5 any liability of Brilliant Travels for any loss or damage, however caused (including by our negligence), suffered by you in connection with these terms or any Brilliant Gift Card is limited, at our election, to:
(a) the purchase price paid to us for the affected Brilliant Gift Card; or
(b) resupply of the affected Brilliant Gift Card.
10.3 The limitation set out in clause 10.2 is an aggregate limit for all claims, whenever made.
10.4 Subject to clause 10.5, Brilliant Travels is not liable for any Consequential Loss however caused (including by our negligence), suffered or incurred by you in connection with these terms.
Australian consumer law
10.5 If the Australian Consumer Law applies to the supply of any products or services under these terms, we acknowledge that those products and services come with a guarantee that cannot be excluded under the Australian Consumer Law, and that the following mandatory notice under section 102(1) of the Australian Consumer Law applies:
Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
(a) to cancel your service contract with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with products. If a failure with the products or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the products and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the products or service.
11. Use of Brilliant Travels names and brands
11.1 Brilliant Gift Cards may be used as personal or business gifts, but must not be used in connection with any marketing, advertising or other promotional activities without our prior written approval.
11.2 Brilliant Gift Cards that are used in marketing, advertising or other promotional activities in breach of clause 11.1 will be invalid with the result that the Recipient of any such Brilliant Gift Card will not be able to use or Redeem unspent value on the Brilliant Gift Card.
11.3 Use of our name or brands, or any names, logos or get-up of Brilliant Gift Cards (other than in connection with the purchase or Redemption of Brilliant Gift Cards), is strictly prohibited.
11.4 You must not use a Brilliant Gift Card in any manner that states or implies that any person, website, business or product or service is endorsed or sponsored by or otherwise affiliated with us or any of our subsidiaries or affiliates
12. General
12.1 The laws of Queensland, Australia govern these terms. Each party irrevocably submits to the non exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.
12.2 We reserve the right to amend these terms at any time and publish the amended terms on the Brilliant Travels website where the change is required:
(a) to add or remove Eligible Goods and Services or Participating Entities including in circumstances where a Participating Entity ceases to carry on business or offer Eligible Goods and Services;
(b) for infrastructural, systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct;
(c) to comply with any contract, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction; or
(d) where we, acting reasonably, consider that it will not be to your detriment.
12.3 We may subcontract our obligations under these terms.
12.4 Neither party is liable for any delay or failure to perform its obligations under these terms to the extent that such failure is caused by a Force Majeure Event. However, nothing in this clause excuses payment of any money due for products or services delivered to you by Brilliant Travels.
12.5 A clause or part of a clause of these terms that is illegal or unenforceable may be severed from these terms and the remaining clauses or parts of the clause of these terms continue in force.
12.6 If any provision of these terms is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from these terms in the relevant jurisdiction, but the rest of these terms will not be affected.
12.7 These terms supersede all previous agreements about its subject matter. These terms embody the entire agreement between the parties.
12.8 Termination or expiry of these terms will not affect clauses 2.2, 5.9, 7, 8, 9, 10, 11, or any provision of this Agreement which is expressly or by implication intended to come into force or continue on or after termination or expiry
13. Contact Us
13.1 If you have questions about anything set out in these terms, you consider the Brilliant Gift Card is faulty, a Brilliant Gift Card has been lost or stolen, or you wish to make a complaint about a Brilliant Gift Card, please contact us via:
(a) the ‘Contact Us’ section of the Brilliant Travels Website; or
(b) calling us on 1300 765 115
14. Definitions and interpretation
Definitions
14.1 In these terms:
Access Code means the 4-digit identification number that appears on the Brilliant Gift Card.
Brilliant Travels means Kangaroo Island Sealink Pty Ltd (ACN 007 122 367) and its related entities.
Brilliant Travels Website means https://giftcard.brillianttravels.com.au/, operated by us.
Card Balance means the unspent value of a Brilliant Gift Card.
Card Number means the number that appears on the Brilliant Gift Card.
Consequential Loss means loss of revenues, loss of reputation, loss of profits, consequential loss, loss of actual or anticipated savings, loss of bargain, indirect loss, lost opportunities (including opportunities to enter into arrangements with third parties), loss or damage in connection with claims against you by third parties, and loss or corruption of data.
Dispatch means delivering the Brilliant Gift Card to the nominated email address.
Eligible Goods and Services means the list of eligible goods and services offered by Participating Entities published on the Brilliant Travels Website (as amended from time to time).
Force Majeure Event means any occurrence, event or omission outside a party’s control and, and includes any of the following: a physical natural disaster; national emergency (whether in fact or in law); epidemic or quarantine restriction; order of any government agency; law taking effect after the date of these terms taking effect between the parties; disruption or unavailability of the internet; industrial disputes including any that are specific to a party or the party's subcontractors; and failure of any of Brilliant Travels’ third party service providers to provide services.
Participating Entities means the list of participating entities published on the Brilliant Travels Website (as amended from time to time).
Personal Information has the meaning given to that term by the Privacy Act 1988 (Cth).
Recipient means the person authorised to use the Brilliant Gift Card. This may be the same as the purchaser, or another person to whom the purchaser gifts the Brilliant Gift Card.
Redeem means to reduce the value loaded on the Brilliant Gift Card by using the Brilliant Gift Card to purchase Eligible Goods and Services. ‘Redeemed’, ‘Redemption’, and ‘Redeemable’ have corresponding meanings.
Interpretation
14.2 In these terms:
(a) the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included;
(b) no rule of construction applies in the interpretation of these terms to the disadvantage of the party preparing the agreement on the basis that it put forward these terms or any part of it; and
(c) a reference to a party is a reference to us or you, and a reference to the parties is a reference to both the us and you.