As with any such program, it is important to set out as clearly as possible the terms and conditions of the program so that both the member and the providing organisation understand the details of the program. Please scroll down on this page to see the detailed terms and conditions of the Evergreen Explorer program.
1. Introduction: 1.1 These Terms and Conditions form the basis of the Evergreen Explorer loyalty program (Program). Every Member is subject to these terms and conditions. We ask that you read them carefully. Please contact us by phone on 1300 364 414 or by email to firstname.lastname@example.org or see www.evergreentours.com.au/explorer if you have any questions on these Terms and Conditions. 1.2 Use of your Membership Card or Membership Number signifies your acceptance of the current Terms and Conditions of the Program. 1.3 These Terms and Conditions are effective as at the date of publication and may be amended from time to time. Members should refer to www.evergreentours.com.au/explorer for the most up to date Terms and Conditions. 1.4 Subject to all applicable laws, Evergreen Tours may terminate the Program at any time without any on-going liability or responsibility to the Member with regards to the Program. 1.5 Evergreen Explorer is a totally separate program to the Scenic Club loyalty program operated by Scenic Tours. Individuals may have membership of both Evergreen Explorer and Scenic Club. Benefits are generally not interchangeable or transferable between Evergreen Explorer and Scenic Club or vice versa. However individuals who complete a Scenic Tours tour may choose to have that tour count towards their Evergreen Explorer membership and tier status assessment, but should they do so, it will not also count towards their Scenic Club membership or tier status. 1.6 All interpretations of these membership Terms and Conditions shall be at the sole discretion of Evergreen Tours.
2. Definitions In these Terms and Conditions, the following words and expressions shall have the meanings as defined below unless the context otherwise requires: “Card” means a card issued by Evergreen Tours to identify the Member as a participant of the Program. “Member” means a person who has been admitted by Evergreen Tours as a participant in the Program and is being recognised as a participant for the time being. “Evergreen Explorer” or “Explorer” means the loyalty program operated by Evergreen Tours. “Evergreen Tours” means Evergreen Tours (A division of Scenic Tours Pty Limited). “Membership” means the participation of a Member in the Program. “Membership Number” is the unique number allocated by Evergreen Tours to each Member and on each Card. “Program” means the Evergreen Explorer Loyalty program. “Program Partner” means an entity with which Evergreen Tours has entered into an agreement to provide goods and or services to a Member under an arrangement with the Program Partner. “Terms and Conditions” means the Terms and Conditions of the Program as set out here and as may be changed from time to time by Evergreen Tours, at its discretion, subject to all applicable laws. “Tour” means a tour branded an Evergreen Tours and which is of a duration of at least seven (7) Tour Days. “Tour Days” means a day of touring on a tour which includes an overnight stay. Additional paid days that form part of the Evergreen Tours booking count towards Tour Days. Complimentary, bonus, unpaid nights including but not limited to being part of a tour, earlybird specials, or member benefit are not included in Tour Days. “Travel” means each time the individual departs from home for travel with Evergreen Tours. Where an individual departs to undertake more than one tour, sometimes called back-to-back tours, this is deemed one lot of travel
3. Membership cost 3.1 Membership of the Evergreen Explorer Program is free of charge.
4. Membership eligibility 4.1 Only residents of Australia are eligible for membership to the Program as outlined in these terms and conditions. Membership eligibility may be extended to residents of other countries in the future. 4.2 Silver Explorer Membership is automatic after an individual has completed any travel with Evergreen Tours. Members will normally be mailed a Membership Card and related material within 8 weeks of qualification. 4.3 Gold Explorer Membership is automatic after an individual has completed 5 Tours of 7 days or more or has completed 50 Tour Days touring with Evergreen Tours in their lifetime. Members will normally be mailed their Gold Explorer Membership Card within 8 weeks of returning home from the qualifying tour. 4.4 Diamond Explorer Membership is automatic after an individual has completed 10 Tours of 7 days or more or has completed 100 Tour Days touring with Evergreen Tours in their lifetime. Members will normally be mailed their Diamond Explorer Membership Card within 8 weeks of returning home from the qualifying tour. 4.5 If a person who receives a Membership kit does not wish to be a member of the Program, they should return the Membership Card to Evergreen Tours indicating this is the case. 4.6 Membership is individual and non-transferable. Where more than one person in a household qualifies for Membership, each will receive individual Membership. 4.7 Employees of Evergreen Tours or its associated companies are not eligible to participate in the Program if travelling on staff discounted rates. 4.8 Travel industry professionals and their associates who travel on a discounted or complimentary tour because of their position in the travel industry will generally not have that tour count to membership or tier status. Such guests should check with Evergreen Tours before finalizing a booking if that tour counts towards membership. 4.9 Immediate or extended family or friends of employees of Evergreen Tours and associated companies who travel on a discounted tour because of their association with the employee or industry need to check at the time of booking if that discounted tour will count towards membership or tier status.
5. Membership Card and Membership Number 5.1 Members will receive a Membership Card. Each Card will have a unique Membership Number. Members should keep their Card secure. 5.2 The Card and Membership Number is not transferable and must not be given to other individuals to secure benefits from the Program. 5.3 It is the Member’s responsibility to ensure that their Membership Number is included in any and all of their bookings, either made via a travel agent or directly with Evergreen Tours, in order that they may receive the benefits of Membership. 5.4 If the Card is lost or stolen the Member will immediately advise Evergreen Tours. 5.5 If a Member cannot remember their Membership Number they may contact Evergreen Tours. They will be asked to provide information to confirm their identity, and following satisfactory replies to Evergreen Tours, they will be reminded of their Membership Number. 5.6 Evergreen Tours shall be entitled to assume that any person that purports to be a Member and provides (whether in person or through an electronic, telecommunications or other media) the Membership Number to Evergreen Tours is in fact the Member. Evergreen Tours shall be entitled to reveal to any such person any and all information relating to their Membership and Membership bookings, and treat and act on any request of such a person with respect to any other matter regarding the Program without taking any further steps to verify the identity of the person.
6. Period of Membership 6.1 The Period of Membership for the Program is from the date of enrolment of the Member until either terminated by the Member or Evergreen Tours as set out below or upon the death of the Member.
7. Misuse and termination of Membership 7.1 Either the Member or Evergreen Tours may terminate membership of a Member at any time and without cause upon reasonable notice to each other. 7.2 Fraud or abuse concerning the Membership and/or privileges and benefits is subject to appropriate administrative and/or legal action by Evergreen Tours. 7.3 Nothing in these Terms and Conditions of Membership shall limit Evergreen Tours in the exercise of any legal or equitable rights and remedies. 7.4 Subject to applicable laws, Evergreen Tours will not be liable for any loss or damage whatsoever suffered by any Member as a result of termination, suspension or cancellation of Membership.
8. Program benefits 8.1 Evergreen Tours does not guarantee or warrant that any or all of the Program benefits will be available at all times and in all countries or locations. Certain Program benefits may not be able to be provided because of local government, operational or other reasons and where this applies an alternative benefit will not be offered: for example in some countries local regulations will not allow the offer of an extra nights stay. For example, operationally, it may not be possible for an individual to stay an extra night when the group needs to travel together such as on a chartered aircraft. Evergreen Tours reserves the right to change, modify, limit or cancel any of the Program benefits at any time or as they apply to any country or region at any time. Should a Member not take up an available Program benefit an alternative benefit is not offered. 8.2 Silver, Gold and Diamond tier Members will receive Membership benefits according to their tier of Membership. 8.3 Members do not qualify for Program benefits of Membership or tier of Membership until after they have returned home from their qualifying tour and received their appropriate Membership Card in the mail. However, where a member completes back-to-back tours without returning home between tours, and they qualify for higher tier membership during the first tour, they may be able to access the higher benefits for the subsequent back-to-back tours. Members should check at the time of booking if any such additional benefits will apply to any of their back-to-back tours. 8.4 There are three tiers of Membership: Silver Explorer, Gold Explorer and Diamond Explorer. Diamond Explorer Members will receive additional benefits as well as all the benefits of Gold Explorer Membership. Gold Explorer Members will receive additional benefits as well as all the benefits of Silver Explorer Membership. 8.5 Dedicated Member’s help desk: Members may make contact with Evergreen Tours via a dedicated Explorer Member’s only phone number and email address. This service is for the use of Members only. Non members, including Travel Agents, may not use this service, but should use the other channels of communication that have been specifically set up for them. 8.6 Members may receive from time to time Special Member Offers for Evergreen Tours tours which are not available to non-members. 8.7 Special Member pre tour travel pack: Subject to availability, Members will be provided with a free backpack or case or other gift reflecting their tier of membership, prior to each departure. 8.8 Member communications and Member only competitions: From time to time Members may receive an Explorer Magazine or emails. These may include competitions which are only available for Members. 8.9 Program Partners: The Program may include offers to members from time to time from third party entities other than Evergreen Tours. These offers are accepted by Evergreen Tours in good faith as to the appropriateness of the offer for Members and the ability of the third party to deliver in accordance with any offer they make. Evergreen Tours accepts no responsibility or liability whatsoever with regard any matter that may arise between the Member and third party in relation to any offer that a third party has made through the Program. 8.10 Explorer Gold and Explorer Diamond Members may receive additional benefits. At the time of printing these included free additional night stays associated with certain tours. These benefits are subject to certain Terms and Conditions which may vary from time to time. Explorer Gold and Diamond Members should contact Evergreen Tours at any time to understand the Terms and Conditions that may apply to the specific Gold or Diamond benefits at that time.
9. Local laws and possible tax liability 9.1 The Program and Member’s entitlements to any benefits under the Program are subject to all laws applicable to Evergreen Tours and to the Member which restrict, prohibit or limit the scope or extent of the Program or any benefits or privileges. 9.2 Should any benefits under the Program be subject to tax liability it (including disclosure connected with the receipt or use of the Program) is the responsibility of the Member.
10. Assignment 10.1 A Member cannot assign its rights under these Terms and Conditions at any time. Evergreen Tours reserves the right to assign the Terms and Conditions at any time without consent.
11. Notices/Contact Details Any Member wishing to contact Evergreen Tours or any communication or notice to be given under these Terms and Conditions may be delivered personally or by pre-paid post transmission to the following address of Evergreen Tours: Explorer Program, Level 14, 56 Pitt Street, Sydney NSW 2000.
12. Governing Law and jurisdiction 12.1 The Terms and Conditions of Membership of the Program are governed and will be construed in accordance with the laws of New South Wales, Australia. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership, the Member submits to the non-exclusive jurisdiction of the State of New South Wales. 12.2 Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded, including under the Trade Practices Act (1974), the Fair Trading Act (1987) and other applicable legislation. 12.3 If part or all of any clause in these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.