These Lounge Terms and Conditions contain important terms that you should be aware of.
Specifically:
- Clause 4 sets out limitations on our liability to you in respect of your use of certain services and facilities, your access of computer facilities and internet in the Lounge (if applicable), as well as our right to withdraw, cancel or change in any way access to or use of the services and facilities offered in the Lounge.
- Clause 5.1, among other items, provides that access to the Lounge may be unavailable, restricted, limited or withdrawn at any time for operational reasons, and Virgin Australia Lounge staff may refuse entry to you or require you to immediately leave the Lounge at any time if you do not comply with these terms and conditions.
- Clause 6.1 sets out limitations for Single Entry access.
- Clause 8 states where we will or will not provide refunds or extensions of the Lounge Membership fee or joining fee.
- Clause 9 outlines the circumstances in which Lounge Membership may be terminated or suspended and the processes we follow in taking this action.
- Clause 10 sets out limitations on our liability to you when accessing the Lounge.
- Clause 11 says that we collect your personal information so that we can provide services to you. It also says we will collect and handle your personal information in accordance with our Privacy Policy.
1. Introduction
1.1 General
(a) These Terms and Conditions govern Lounge Membership and use of and access to the Lounge.
(b)You and Us are responsible for complying with these Terms and Conditions. The Terms and Conditions that apply to Lounge access are those in force at the time of entry to the Lounge.
(c) Your Lounge access is subject to these Terms and Conditions and any applicable law.
(d) You have certain rights under the Australian Consumer Law. These include Consumer Guarantees that the services we provide to you will be carried out by us with due care and skill, will be fit for the purpose we disclose and will be supplied within a reasonable time. Where we fail to provide services to you in accordance with these Consumer Guarantees or otherwise in accordance with these Terms and Conditions, then you may have a right to seek a remedy from us in accordance with the Terms and Conditions, our policies, and any applicable law, including the Australian Consumer Law. Nothing in these Terms and Conditions excludes or limits the Consumer Guarantees or any other statutory rights that you may have under applicable laws (including the Australian Consumer Law) that cannot be excluded. You can find out more about the Consumer Guarantees here. This is a summary of some of your rights under the Australian Consumer Law. It is not an exhaustive list and is not legal advice.
1.2 Changes to these Terms and Conditions
(a) Virgin Australia may vary these Terms and Conditions from time to time. We will act reasonably in making changes and will publish changes to the Terms and Conditions on www.virginaustralia.com/thelounge.
(b) If we make a material change to the Terms and Conditions or the services or facilities offered or available to you, we will try to give Members and Velocity Members who have access to the Lounge through their Velocity Membership level at least 30 days’ notice using the email address recorded in your Velocity Account. However, we may give you less or no notice if we need to make urgent changes, such as to comply with applicable Laws, or where we cannot control the timing of a change (for example, due to arrangements with third parties). If we make a material change that affects your current Membership, and you no longer wish to continue with your Membership, you may be entitled to terminate your Membership and receive a pro-rata refund under clause 8(e).
2. Definitions
In these Terms and Conditions, unless the context otherwise requires:
(a) Domestic Flight means a flight originating or terminating within Australia, which is operated by a Virgin Australia group airlines, selected Alliance Airlines and Link Airways operated Virgin Australia flights, or selected partner airline (as advised by us from time to time).
(b) Eligible Flight means an individual’s:
(i) Domestic Flight for travel on the same day; or
(ii) International Flight for travel on the same day.
(c) Eligible Partner Airline Status Member means any person who holds the relevant status of loyalty with selected partner airlines where Virgin Australia has an agreement to allow these people entry into a Lounge. For a list of selected partner airlines, refer to Virgin Australia's airport lounges | Virgin Australia
(d) Eligible Partner Credit Card Holder means a person who holds an eligible credit card which provides Lounge access while the eligible credit card is valid.
(e) Guest or you means any individual who is eligible to access the Lounge, including but not limited to Members, Invited Guests, Velocity Members, Single Entry guests, Business Class passengers, Eligible Partner Credit Card Holders, and Eligible Partner Airline Status Members.
(f) Individual Member means a person who pays the applicable Membership fee and joining fee and is not a Lifetime Member or Scheme Member.
(g) International Flight means a flight originating or terminating in Australia that is not a Domestic Flight, which is operated by a Virgin Australia group airline or selected partner airline (as advised by us from time to time).
(h) Invited Guest means a person who enters a Lounge as a guest of a Lounge Member, Velocity Gold Member, Velocity Platinum Member, Eligible Partner Airline Status Member or Eligible Partner Credit Card Holder.
(i) Lifetime Member means a person who pays the applicable Membership fee and has a continuous Membership to the Lounge for the duration of their natural life, for as long as Virgin Australia operates airport Lounges.
(j) Loss means any loss, damage, cost, or expense, including consequential or indirect loss, loss of savings, business opportunities, revenue, profit and/or damage to goodwill.
(k) Lounge means lounges located in Australian domestic ports operated by Virgin Australia.
(l) Member means a member of the Lounge and includes an Individual Member, Lifetime Member, Senior Lifetime Member and Scheme Member. It does not include a Velocity Gold Member, Velocity Platinum Member, a guest using a Single Entry or Invited Guest.
(m) Membership means membership held by a Member to access the Lounges.
(n) Membership Card means a Velocity Frequent Flyer Membership card, or Virgin Australia Lounge Membership card, whichever is applicable, in either digital or physical format.
(o) Occupant means a Guest who has entered and is occupying a Lounge.
(p) Scheme or Scheme Membership means a type of Membership for which a corporate, government or industry association that has entered into an agreement with Virgin Australia to provide discounted Lounge Membership to individuals from that association.
(q) Scheme Member means a nominated individual from a corporate, government or industry association who are eligible for discounted Lounge Membership and pays the applicable Membership fees (and joining fee, if applicable).
(r) Senior Lifetime Member is a Lifetime Member who is aged 60 years and over at the time they become a Lifetime Member.
(s) Single Entry means a one-off entry to a Lounge at eligible domestic ports, which has been purchased at a Lounge reception, or is provided as a benefit of:
(i) being a Velocity Silver Member; (ii) a participating credit card provider; or
(iii) the Virgin Australia Business Flyer program.
(t) Velocity or Velocity Frequent Flyer means the loyalty program of the Virgin Australia which is owned and operated by Velocity Rewards Pty Ltd ACN 116 089 448 as trustee of The Loyalty Trust.
(u) Velocity Account means the account setting out the details of a Velocity Membership including Velocity Points, Status Credits, and Single Entries.
(v) Velocity Gold Member means a Velocity Member who has earned, in the previous 12 months, the number of Status Credits required to upgrade to, or maintain, Velocity Gold Membership level and who is provided complimentary Lounge access as a membership benefit.
(w) Velocity Member means a current member of Velocity.
(x) Velocity Platinum Member means a Velocity Member who has earned, in the previous 12 months, the number of Status Credits required to upgrade to, or maintain, Velocity Platinum Membership level and who is provided complimentary access to the Lounge as a membership benefit.
(y) Velocity Silver Member means a Velocity Member who has earned, in the previous 12 months, the number of Status Credits required to upgrade to, or maintain, Velocity Silver Membership level and who is provided two complimentary Single Entry Lounge passes as a membership benefit.
(z) Virgin Australia, us, or we, means Virgin Australia Airlines Pty Ltd ABN 36 090 670 965.
3. Virgin Australia Lounge Membership
3.1 General
(a) Membership will be valid as follows:
- For Individual Members, for 12 months from the date the Membership is purchased.
- For Lifetime Members and Senior Lifetime Members, for the duration of their natural life, for as long as Virgin Australia operates airport Lounges.
- For Scheme Members, from the date the nominated individual purchases a Scheme Membership, to the date that is stipulated as the expiry date under the Scheme’s agreement with Virgin Australia.
Members will be required to pay the applicable Membership fee (and joining fee, if applicable) published at the time they purchase or renew the Membership.
(b) Subject to clause 3.3:
(i) Membership is not transferable; and
(ii) renewal of Membership, and payment of the Membership fee is due upon the anniversary of the Member's date of joining. Where possible, we will provide you with a reminder of your Membership expiry date prior to the expiry of Your Membership. If Membership is not renewed within one month of its expiry, any subsequent application for its renewal will be subject to payment of the applicable joining fee in addition to the Membership fee. If Membership is renewed within one month of its expiry, the renewal will be backdated to the expiry date of the Membership.
(c) When we accept an application for Membership, we will provide you with a digital Membership Card, in your name, that allows you to access the Lounge when flying on an Eligible Flight. Your Membership is only valid for use by you.
(d) You must take reasonable steps to prevent unauthorised use of your Membership and must notify us as soon as possible if your account or Membership Card is compromised.
(e) You are responsible for ensuring that the details in your Velocity profile are accurate at all times. You must promptly advise of any change to your contact details by updating the 'My Details' section in your Velocity Account at https://experience.velocityfrequentflyer.com/ or by calling the Velocity Membership Contact Centre on 13 18 75. To the extent permitted by law, Virgin Australia excludes liability for any Loss suffered by you because you have failed to advise Us of any changes to your details.
3.2 Individual Members and Lifetime Members
(a) Individual Members and Lifetime Members must be Velocity Members, and over 18 years of age. You may be required to provide proof of age at any time during your Membership upon our reasonable request.
(b) Senior Lifetime Members must be Velocity Members and aged over 60 years of age. Proof of age is required at the time of purchase for Senior Lifetime Membership.
3.3 Scheme Membership
(a) Scheme Membership is available to nominated individuals from Schemes that have entered into an agreement with Virgin Australia to provide discounted Lounge Memberships to individuals from that Scheme. Nominated individuals must be Velocity Members to be eligible to receive a Scheme Membership. Once nominated, an individual has 30 days to purchase a Lounge Membership within the applicable Scheme before the nomination expires. Lounge Memberships associated with Schemes may have a common user expiry date, regardless of the date that nominated individuals purchase or renew Lounge Membership. Renewal of Membership and payment of the Membership fee is due upon the anniversary of the Member's date of joining or the common user expiry date (whichever is applicable).
(b) An individual’s Lounge Membership may be transferred to another individual from the same Scheme once per year, by contacting the Scheme coordinator and paying the applicable administration fee advised at the time of transfer.
(c) The Scheme coordinator is the administrative contact for all Scheme Members from that Scheme.
4. Virgin Australia Lounge Facilities and Services
4.1 Changes
(a) It is important to understand that the services, facilities, and benefits of the Lounge may change over time.
(b) Subject to clause 4.1(c), Virgin Australia, acting reasonably, reserves the right to withdraw, cancel, or change in any way the services and facilities offered or advertised as available to any Occupant by virtue of their Membership or of their access or entry to the Lounge under these Terms and Conditions.
(c) Virgin Australia will use reasonable endeavours to advise you of any material changes to the services and facilities offered or available to You in connection with your access or entry to the Lounge in accordance with clause 1.2(b) of these Term and Conditions. If we make a material change that affects your current Membership, and you no longer wish to continue with your Membership, you may be entitled to terminate your Membership and receive a pro-rata refund under clause 8.1(e).
(d) Some of the services and facilities offered in the Lounge are provided by third party suppliers. We cannot guarantee that services and facilities offered by third party suppliers will continue to be available.
(e) Access to computer facilities and the internet may be available in the Lounge and is subject to availability. Virgin Australia does not represent or warrant that the computer facilities or internet access offered through the Lounge are free from computer viruses or other defects. To the extent permitted by law, Virgin Australia excludes liability for:
(i) any third party content on the internet that you may find offensive, upsetting, or defamatory. You are responsible for maintaining the security of all log-in identification information made available to you to access the internet or computer facilities in the Lounge.
(ii) any security breaches suffered by you when using the internet, including personal or information security breaches, and is not liable for any Loss suffered as a result of the unavailability of the internet or computer facilities, including interruptions during use.
(f) Meeting rooms may be available in some Lounges, subject to availability and payment of the applicable meeting room booking fee. Location of meeting rooms can be found at Virgin Australia's airport lounges | Virgin Australia. Meeting rooms can be booked by contacting the Guest Contact Centre on 13 67 89 or speaking to Lounge team members at reception. Fees are subject to change at any time and will be published on the Virgin Australia website.
(g) Guests accessing the Lounge shall not make any audio recording or copy of the music playlists broadcast within the Lounge. Any such content must be deleted upon reasonable request by Lounge staff.
5. Access to the Virgin Australia Lounge
5.1 General
(a) Virgin Australia Lounge operating hours may vary without notice.
(b) Access to the Lounge and its services and facilities is subject to availability, and may be unavailable, restricted, limited or withdrawn at any time for capacity or operational reasons. During peak periods or when the Lounge is at or nearing capacity, priority will be given to Guests travelling in Business class, Lounge Members, Velocity Gold Members and Velocity Platinum Members with same day, onward travel on an Eligible Flight. Access for Single Entry, Eligible Partner Credit Card Holders, Eligible Partner Airline Status Member and complimentary or additional Guests may be restricted during these periods.
(c) All Guests must:
(i) use the Lounge and its services and facilities appropriately and safely at all times
(ii) drink responsibly within the Lounge
(iii) unless permitted for takeaway as indicated in the Lounge, consume all food and beverages made available in the Lounge within the Lounge
(iv) behave in a way that is respectful of all staff, other Members and Guests, and follow any reasonable directions and instructions from Virgin Australia staff
(v) take responsibility for their belongings while inside the Lounge; and
(vi) comply with smart casual dress standards at all times.
(d) All Guests aged under 18 years:
(i) must be accompanied by an adult when visiting the Lounge; and
(ii) are not permitted to access alcohol from the self-service bar.
(e) Subject to your rights under applicable Laws, Virgin Australia Lounge staff may refuse entry to any individual or require an Occupant to immediately leave the Lounge at any time if, in their reasonable opinion, the Member has not or will not comply with these Terms and Conditions.
(f) Guests are responsible for ensuring their arrival at the domestic boarding gate for their departing flight at least 15 minutes prior to the scheduled departure time for their flight.
5.2 Access on departure
(a) Guests (excluding guests with a purchased Single Entry or Eligible Partner Credit Card Holders) may access the Lounge in the relevant departure port when travelling on an Eligible Flight, on the day of departure of the Eligible Flight.
(b) Guests accessing the Lounge with a purchased Single Entry or as an Eligible Partner Credit Card Holder may only access the Lounge in the relevant departure port when travelling on an Eligible flight, up to two hours prior to their scheduled departure time of their Eligible Flight.
5.3 Access on arrival
(a) Subject to space availability, Guests (excluding those Guests named in clause 5.3(b)) may access the Lounge in their arrival port immediately upon arrival of an Eligible Flight that has been travelled on that day. Access to the Lounge on arrival is only available for up to 60 minutes immediately after the arrival of the Domestic Flight.
(b) Lounge access on arrival is not available to:
(i) Eligible Partner Airline Status Members (except for Virgin Atlantic Flying Club members);
(ii) Eligible Partner Credit Card Holders; and
(iii) All guests with a Single Entry, including Velocity Silver Members.
5.4 Identification requirements
(a) In order to access the Lounge, Members, Velocity Platinum Members, Velocity Gold Members, Business Class passengers, Eligible Partner Credit Card Holders and Eligible Partner Airline Status Members must provide satisfactory proof of identity of their eligibility to access the Lounge. Satisfactory proof of identity may include:
(i) their itinerary or boarding pass for an Eligible Flight which is linked to their Velocity Account
(ii) their Membership Card
(iii) Membership number (required for Single Entry); or
(iv) for Eligible Partner Credit Card Holders, their valid, physical credit card which shows a current expiry date.
5.5 Invited Guest access
(a) Invited Guest access to the Lounge is subject to space availability at all times and may not be available during peak periods and high-capacity utilisation of Lounges.
(b) Invited Guests must be always accompanied by a Member, Velocity Platinum Member, Velocity Gold Member, Eligible Partner Airline Status Member or Eligible Partner Credit Card Holder while in the Lounge. Members, Eligible Partner Airline Status Members and Eligible Partner Credit Card Holders are responsible for ensuring that Invited Guests comply with these Terms and Conditions.
(c) Invited Guests of Members, Velocity Platinum Members and Velocity Gold Members do not need to be travelling to access the Lounge.
(d) Invited Guests of Eligible Partner Airline Status Members or Eligible Partner Credit Card Holders must be travelling on an Eligible Flight to access the Lounge.
(e) Additional Invited Guests (adults and children aged between 2 and 17 years) exceeding the limit of a Member’s or other Guest’s complimentary allowance will be charged an entry fee at the Lounge reception. A fee will not be charged for Invited Guests who are children under the age of 2 years.
(f) Individuals who are not eligible to enter the Lounge in their own right are not permitted to solicit entry by asking Members or Guests to enter as an Invited Guest. Individuals who solicit entry in this way may be refused entry to the Lounge at the time or in the future. If Members choose to allow individuals soliciting entry into the Lounge as an Invited Guest, the Member is responsible for the individual, including ensuring that the individual complies with these Terms and Conditions and any reasonable direction of Virgin Australia Lounge staff.
(g) Complimentary allowance access for Invited Guests to a Lounge is as follows:
Member/Guest type | Number of complimentary Invited Guests | Number of children |
---|---|---|
When travelling on an Eligible Flight departing on the same day | ||
Member | 1 |
3 |
Velocity Platinum Member |
3 |
3 |
Velocity Gold Member |
1 |
3 |
6. Single Entry passes
6.1 General
(a) Single Entry is valid as follows:
(i) A Single Entry pass provided as part of a Velocity Silver Membership is valid for 12 months from the date of issue; or
(ii) All other Single Entry passes must be used prior to or on the date of expiry specified for that Single Entry.
(b) An individual with a Single Entry can access the Lounge as a Single Entry guest when travelling on an Eligible Flight. Single Entry passes are only valid for access on departure and at the departure port specified on the Single Entry pass.
(c) Single Entry access is subject to space availability at all times and may not be available for use during peak periods and high-capacity utilisation of Lounges.
6.2 Identification requirements
(a) In order to access the Lounge, Single Entry guests must provide satisfactory proof of identity of their eligibility to access the Lounge. Satisfactory proof of identity may include:
(i) their itinerary or boarding pass for an Eligible Flight; or
(ii) Velocity Membership number (if they are a Velocity Member).
(b) Velocity Membership is not required to purchase Single Entry. If you are using an electronic Single Entry and do not have your Membership Card, you will need to verify your identity in order to use the Single Entry to enter the Lounge. If you are unable to provide us with sufficient identification, you may not be able to use your electronic Single Entry.
6.3 Single Entry Guest access
(a) Single Entry may be allocated to you electronically if you have a Velocity Membership. In this case, your Single Entry pass will appear in your Velocity Account. You can check how many unused electronic Single Entries you have and the expiry date of each Single Entry by logging into your Velocity Account.
(b) You cannot transfer Single Entry to other people (for example, to other Velocity Members) but you can use your Single Entry to enable other people who are travelling with you to gain access to the Lounge. Lounge Terms and Conditions, including this clause 6, will apply to all individuals who access a Lounge using a Single Entry pass, regardless of whether or not the individual is named on the Single Entry pass.
7. Fees & Taxes
(a) Virgin Australia may amend the joining fee and Membership fee from time to time, including for Scheme Members or for a specific Scheme.
(b) Virgin Australia reserves the right to change or introduce new fees in relation to any of the services provided in the Lounge at any time and will provide reasonable notice in accordance with clause 4.1(c). Details of current applicable fees are available at www.virginaustralia.com/thelounge.
(c) Virgin Australia accepts no responsibility for and makes no representation about your tax liability as a result of Membership or use of the Lounge or any services or facilities in the Lounge. You are solely responsible for any taxes, GST, duties, levies, fees, or other charges levied or imposed arising from, as a result of or in connection with your Membership or use of the Lounge. Virgin Australia recommends that you consult your professional accountant or tax adviser to ensure you understand possible tax (including without limitation, income tax, fringe benefits tax, or any liability or loss of opportunity due to reportable fringe benefits) implications, if any, related to your Membership.
8. Refunds
(a) Subject to this clause and to the extent permitted by law including the Australian Consumer Law, this clause sets out when you may be entitled to request a refund of the amount you have paid for your Membership or Single Entry. You may also have a right to request a refund of these fees under applicable laws, including the Australian Consumer Law. See clause 1.1(d) for more information.
(b) Individual Members, Lifetime Members and Senior Lifetime Members
-Should these Members request to cancel their Membership within 14 days of purchasing their Membership, and the Member has not yet accessed any Lounge, Virgin Australia will cancel the Membership and refund the Membership fee (and joining fee, if applicable).
-If the Member requests to cancel their Membership:
- within 14 days of purchasing their Membership, but has accessed a Lounge(s); or
- more than 14 days after purchasing their Membership,
subject to its rights under Australian Consumer Law, the Member is not entitled to receive a refund. If We choose to exercise our discretion and provide a refund, we may deduct a cancellation fee of $99 from the refunded amount to cover administration costs incurred in connection with the cancellation/refund.
(c) Purchased Single Entry: Subject to clause 13 and to the extent permitted by law:
-If you fail to use your purchased Single Entry, you will only be eligible for a refund if:
- you cancelled your flight booking in line with your fare rules
- your flight was delayed or cancelled by Virgin Australia, and you chose to cancel your booking in line with the Guest Compensation Policy
- you purchase an upgrade to Business class through UpgradeMe Premium Bid and UpgradeMe Points; or
- entry to the Lounge was not permitted due to space not being available.
(d) Other than as expressly provided for in these Terms and Conditions, Virgin Australia does not provide refunds or extensions of Membership because Members become eligible for Lounge access for other reasons, including where you have changed your mind, or your Velocity Membership status has changed.
(e) If Virgin Australia makes a material change to these Terms and Conditions, or to the benefits, facilities or services of the Lounge, and the change adversely affects the Member’s intended use of, or benefit under, the Membership, the Member will have the option of cancelling their Membership within 45 days of the change taking effect and receiving a pro-rata refund of the Membership fee for the remaining period of the Membership (unless the Member is entitled to a full refund under the Australian Consumer Law).
(f) In the event that a Membership is cancelled by Virgin Australia under these Terms and Conditions, a pro rata refund of the Membership fee will be made for any remaining period of Membership (unless the Member is entitled to a full refund under the Australian Consumer Law) except where the Membership is cancelled because the Member has:
(i) committed a material breach of these Terms and Conditions
(ii) been refused carriage on a Virgin Australia flight under paragraphs 14.2 or 14.3 of Virgin Australia’s Conditions of Carriage
(iii) abused or damaged any facilities, equipment or goods owned by Virgin Australia or a third party (including another Occupant)
(iv) displayed or engaged in inappropriate behaviour in the Lounge or on a Virgin Australia flight and has refused to stop the behaviour after being requested to do so by Virgin Australia Lounge staff
(v) engaged in, or suspected to be engaged in, illegal activities whilst within the Lounge
(vi) supplied or attempted to supply misleading information, or made any misrepresentation, to Virgin Australia
(vii) engaged in theft of the property of Virgin Australia, or an Occupant; or
(viii) abused or intimidated Lounge staff or the staff of any suppliers.
(g) Membership will automatically terminate on the death of a Member and the Membership fee, and any joining fee, will be forfeited. Membership cannot be transferred to executors, administrators, or beneficiaries of an estate.
9. Termination
(a) We cannot guarantee that Virgin Australia will offer or operate the Lounge (or any particular Lounge) forever. If Virgin Australia terminates, ceases to operate, or materially alters the operation of, the Lounge (or any particular Lounge), Virgin Australia will use its best endeavours to give reasonable notice of any such action by publishing a notice on the Virgin Australia website. We will also directly provide current Members or other Guests who have Lounge access because of their Velocity Membership with reasonable written notice of any such action using the email recorded in the Member’s Velocity account. We will act reasonably when considering what action is appropriate and reasonable.
(b) Virgin Australia reserves the right to terminate or suspend the Membership of any Member if Virgin Australia is reasonably of the opinion that the Member’s conduct falls within the circumstances listed in clause 8(f), or the Membership has been purchased in illegal or fraudulent circumstances. Virgin Australia will give such notice to the Member of the termination or suspension as is reasonably practicable in the circumstances.
(c) On termination of Membership for any reason, all benefits associated with Membership of the Lounge will cease.
10. Limitation of Liability
(a) These Terms and Conditions (as amended from time to time) set out the entire agreement with you regarding your Membership and entry to and use of the Lounge. However, nothing limits our liability for representations or other communications (either written or oral) made by Virgin Australia where such liability cannot be excluded by law.
(b) Except where we have specified in these Terms and Conditions or where the law does not permit us to limit or exclude our liability, whether under the Australian Consumer Law or otherwise, we exclude our liability for:
(i) any Loss you incur as a result of, or in connection with, your Membership, your access to the Lounge, or these Terms and Conditions; and
(ii) any Loss suffered in relation to the supply of goods or services by third parties.
(c) To the extent permitted by law, Virgin Australia will not be liable for any Loss whatsoever which you or anyone else may suffer as a result of any termination or suspension of your Membership.
11. Privacy & Electronic Messages
(a) You agree that your personal information will be managed in accordance with our Privacy Policy, available at https://www.virginaustralia.com/au/en/about-us/legal-policies/privacy/privacy-policy/. If you would like to receive our Privacy Policy by post, please contact our Guest Contact Centre on 13 67 89.
(b) We are required to collect your personal information in order to process your application for Membership and to communicate with you about your Membership. If we cannot collect from you the minimum amount of personal information required to process your application for Membership, we will not be able to provide you with Membership.
(c) You consent to receive electronic messages and marketing communications from Virgin Australia containing marketing and promotional material, and subject to any applicable law, agree that we do not need to include an "unsubscribe" facility in any electronic message sent to you for the purposes of the Spam Act 2003 (Cth). The consent contained in this clause 11 may not apply if you are a European resident.
12. General
(a) These Terms and Conditions are governed by, and will be construed in accordance with, the law in force in the State of Queensland, Australia and you agree to submit to the non-exclusive jurisdiction of courts of that State.
(b) If any provision in these Terms and Conditions is void or unenforceable, that provision shall be read down to the extent necessary to make it valid and enforceable and, to the extent that it cannot be so read down, shall be deemed to be severed from these Terms and Conditions.
(c) You must comply with all applicable laws, regulations, orders, and notifications in force, and all conditions and instructions issued by us.