Terms and Conditions
GIFT VOUCHER GENERAL TERMS AND CONDITIONS
These general terms and conditions (hereinafter, the “General Terms and Conditions”) apply to the contractual relationship between, on the one hand, Sofitel Sydney Darling Harbour (“Sofitel Sydney Darling Harbour ”) and, on the other hand (i) a buyer of a gift voucher (“the Buyer”) on sofitelsydneydarlingharbour.com.au (“the Site”) and (ii) the holder of a gift voucher (“the Recipient”). The Buyer and the Recipient are hereinafter jointly referred to as the “the Customer”.
The gift voucher (“Gift Voucher”) allows the Recipient to apply an amount up to the outstanding balance of the Gift Voucher as credit to the cost of any reservation services in respect of Sofitel Sydney Darling Harbour that are available on the Site (hereinafter, collectively, the “Services”).
Prior to purchasing any Gift Voucher on the Site, the Buyer declares (i) that said Buyer is acting for his/her own personal purposes and for any purpose in connection with a business activity of the Buyer or otherwise; and (ii) the Buyer has the full legal capacity to accept these General Terms and Conditions.
The Buyer is invited to carefully read these General Terms and Conditions, prior acceptance of which is mandatory for the purchase of a Gift Voucher on the Site. Buyers are advised to save and print these General Terms and Conditions using the standard functionalities of their browser and computer. Sofitel Sydney Darling Harbour has the right to cancel a completed order or annul the purchase without making any repayment of compensation to the Buyer if these General Terms and Conditions have been breached.
Sofitel Sydney Darling Harbour reserves the right to modify or supplement, at any time, all or part of these General Terms and Conditions. In this case, the new version of the General Terms and Conditions will be available on the Site with the effective date. Customers are advised to regularly consult the General Terms and Conditions to be aware of any changes. In any case, the Customer will only be bound by the version of the Terms and Conditions in force at the time that the Buyer purchases the Gift Voucher.
The Buyer assumes the exclusive responsibility of paying, if necessary, for all the technical means necessary to gain access to the Site.
General terms and conditions of services apply for the reservation of any Service offered on the Site via the Gift Voucher.
BUYING PROCESS AND METHOD OF DELIVERY OF A GIFT VOUCHER
The Buyer purchases a Gift Voucher from the Site, “shop.sofitelsydneydarlingharbour.com.au ”. The buyer can choose the Gift voucher of the amount of their choice and will have to fill out a form indicating first and last name, e-mail address, and the Recipient’s e-mail address. The Buyer will complete the purchase by proceeding to payment.
Sofitel Sydney Darling Harbour will send purchased Gift Vouchers to the email address the Buyer states in the order form (Buyer or a nominated initial Recipient of a Gift Voucher) following receipt of the Buyer’s payment. The Gift Voucher will be sent in electronic format, as a PDF file with a unique ID. Sofitel Sydney Darling Harbour will send an order confirmation to the Buyer’s e-mail address. At the same time Sofitel Sydney Darling Harbour will deliver the then-current version of these General Terms and Conditions to the Buyer.
The price related to the Gift Voucher is indicated before, during and after the purchase.
When selecting the initial balance of the Gift Voucher, the Buyer can choose from suggested amounts or insert an amount determined by the Buyer, subject to this amount being equal to or greater than the minimum specified on the Site. The amount of the Gift Voucher shall not exceed $5000 AUD per Gift Voucher, with a limitation of $20,000 AUD per Buyer and per year.
Prices listed in Gift Voucher include GST.
The Buyer provides his/her payment information to purchase the Gift Voucher, indicating directly, in the area provided for such a purpose (secure entry by SSL encryption) when it is a credit card: the credit card number, without spaces between the figures, its date of validity (it is noted that the bank card used must be valid at the time of stay) and the security code as part of a pre-payment on the payment platforms mentioned below.
Sofitel Sydney Darling Harbour has chosen Stripe to secure online payments. The credit Voucher of the Buyer is examined for its validity by this partner and can be refused for several reasons: Voucher stolen or blocked, limit reached, input error, etc. In the event of any problem, the Buyer will have to approach his/her bank and the customer care to confirm his/her purchase and payment method.
The online payment methods (Vouchers, wallet, etc.) available are mentioned on the payment page of the Site. This list is subject to change.
If the Buyer is a member of ALL – Accor Live Limitless programme, he/she cannot use his/her points to purchase the Gift Voucher. The Buyer cannot earn ALL – Accor Live Limitless programme points when purchasing a Gift Voucher, except in the case of a special and temporary offer for which the conditions for earning points and the number of Reward points to be credited will be detailed at the time of purchase.
An invoice will be sent in electronic format to the e-mail address communicated by the Buyer at the time of his/her purchase.
GIFT VOUCHER USAGE
Gift Vouchers to be bought online and redeemed at Sofitel Sydney Darling Harbour as a mean of payment by indicating the ID number indicated on the Gift Voucher. The reservation can be completed by another means of payment, within the limit of the means of payment accepted by the Sofitel Sydney Darling Harbour.
The Gift Voucher can only be used at the Sofitel Sydney Darling Harbour where the Voucher has been sold.
The outstanding balance of the Gift Voucher can be redeemed in full or partially, in maximum of 1 occasion
The outstanding balance of the Gift Voucher cannot be refunded or exchanged for cash and holds no value unless redeemed, especially in case of loss, theft or damage or end of validity.
The Gift Voucher is not personal to the original Recipient and can be transferred but it cannot be sold. Redemption is only possible by a total of one person who is in possession of the voucher code and who is the first to redeem the voucher.
The Gift Voucher can be redeemed for any services within the Sofitel Sydney Darling Harbour. However, the booking must be made via direct channel only, only at the participating hotel. The Voucher cannot be redeemed against a third party such as for instance travel agency or OTA booking. The Voucher cannot be redeemed for the purchase of Gift Voucher.
When using the Gift Voucher, the Recipient accepts these General Terms and Conditions that were in force at the time of purchase. If the Recipient is a member of ALL – Accor Live Limitless programme, he/she can earn Reward points when redeeming his/her Gift Voucher, if his/her reservation is eligible to earn points, in accordance with the Membership Terms and Conditions.
In the event of the Recipient’s failure to show up on the first day of his/her reservation of a Service (“no show”) paid with the Gift Voucher, the Recipient’s reservation will be cancelled in full. The Recipient is informed that in such a case, the participating hotel will charge the cancellation fee that is applicable to the booking with the valid gift voucher or credit Voucher given at time of booking.
VALIDITY OF A GIFT VOUCHER
The Hotel Credit Gift Voucher’s period of validity is three (3) years from the date of purchase. The Services in respect of which the Recipient wishes to apply the Gift Voucher must take place during the Gift Voucher’s validity time.
The Bar Credit Gift Voucher’s period of validity is one (1) year from the date of purchase. The Services in respect of which the Recipient wishes to apply the Gift Voucher must take place during the Gift Voucher’s validity time. The Restaurant Credit Gift Voucher’s period of validity is one (1) year from the date of purchase. The Services in respect of which the Recipient wishes to apply the Gift Voucher must take place during the Gift Voucher’s validity time.
LIABILITY OF THE BUYER
The risk of loss and title to the Gift Voucher passes to the Buyer and the Recipient when Sofitel Sydney Darling Harbour electronically transmits the Gift Voucher to the Buyer or the Recipient. Sofitel Sydney Darling Harbour will not be liable if a Gift Voucher is lost, stolen, destroyed or used without the Buyer’s or Recipient’s authorization.
Sofitel Sydney Darling Harbour will have the right to charge an alternate payment method if a fraudulently obtained Gift Voucher is used to make purchases on the Site.
All information accessible through this Site is provided as is. Sofitel Sydney Darling Harbour gives no explicit or implicit guarantees and assumes no liability regarding the use of this information. The Buyer has sole responsibility for the use of such information. The Buyer also has sole responsibility for the content of the message and information they write with the Gift Voucher and choose to send to one or more Recipients. The Buyer undertakes to give details solely of email addresses for third party recipients that they have obtained by lawful means and in agreement with them.
LIMITATION OF LIABILITY OF ACCOR
Sofitel Sydney Darling Harbour ’s liability is always limited to no more than outstanding balance of the Gift Voucher. Sofitel Sydney Darling Harbour is not responsible for any damages or delays resulting from force majeure such as pandemic, strike, lockout, blockade of payment, communication disorder.
PERSONAL DATA PROTECTION
The information concerning the Buyer and the Recipient of the Gift Voucher is processed by Sofitel Sydney Darling Harbour acting as data controller for the processing of the data. This data processing is necessary for the execution of the Gift Voucher sending service, as described in the terms and conditions and, where applicable, the crediting of points if the Buyer is an ALL – Accor Live Limitless member. To this end, Sofitel Sydney Darling Harbour Sydney Darling Harbour collects the personal data provided by the Buyer relating to the surname, first name, ALL – Accor Live Limitless Voucher number and email address of the Buyer as well as that of the Recipient of the Gift Voucher. This data is required for the generation, sending and use of the Gift Voucher and is intended for use by Sofitel Sydney Darling Harbour authorised employees, the service provider in charge of the execution of this service, in which the Gift Voucher will be used. Unless otherwise provided by law or regulation, the data will be kept for a period of 3 years from the expiry date of the Gift Voucher.
To exercise your rights (access to data, rectification, erasure, limitation or objection to processing, data portability, definition of guidelines for the processing of your data after your death), please write to H9729@Sofitel.com.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If Sofitel Sydney Darling Harbour fails, at any time while these Terms are in force, to insist that the Customer performs any of its obligations under these Terms, or if Sofitel Sydney Darling Harbour does not exercise any of its rights or remedies under these Terms, that will not mean that Sofitel Sydney Darling Harbour has waived such rights or remedies and will not mean that the Customer does not have to comply with those obligations. If Sofitel Sydney Darling Harbour does waive a default by the Customer, that will not mean that Sofitel Sydney Darling Harbour will automatically waive any subsequent default by the Customer. No waiver by Sofitel Sydney Darling Harbour of any of these Terms shall be effective unless Sofitel Sydney Darling Harbour expressly notifies the Customer in writing that it has granted a waiver.
APPLICABLE LAW AND DISPUTE RESOLUTION
The General Terms and Conditions are governed by Australian law, without hindering the mandatory protective provisions that may be applicable in the country of residence of the consumers.
Sofitel Sydney Darling Harbour hereby notifies the Customer of the possibility of recourse in the event of a dispute concerning these General Terms and Conditions to a procedure of conventional mediation or any other alternative form of dispute resolution within the conditions provided by Institute of Arbitrators and Mediators Australia, currently located at 2/13-15 Bridge Street Sydney.
After having appealed to Customer Service to try to resolve the dispute amicably, and in the event of a negative answer or the absence of an answer within sixty (60) days from the referral, the Customer can contact Institute of Arbitrators and Mediators Australia, currently located at 2/13-15 Bridge Street Sydney.