TERMS & CONDITIONS
APIWA - My Travel Club TERMS & CONDITIONS
This agreement sets out the terms and conditions upon which APIWA (known as the Australian Post-Tel Institute WA) will provide Travel and Accommodation services to Guests. These terms and conditions are valid from 01 July 2020 and supersede all previous terms and conditions. Please read the following carefully, as well as the Membership Terms & Conditions and the Holiday Home Rental Agreement, as these below Terms and Conditions and the forementioned constitute an agreement between You as the herein known as “Guest/Traveller” and the Property Manager known as the Australian Post-Tel Institute of (Western Australia) Incorporated, known herein as APIWA. Acceptance of these Terms and Conditions is achieved by the Guest Booking a “Service/Tour/Property” either over the phone or by internet, clicking an "I agree" or any other button on a web page, by either joining APIWA as a member in any form or by Booking or visiting as a non-member Guest at a Property, no physical signature is required. All bookings for products on the mytravelclub.com.au website are accepted subject to the conditions of carriage and other conditions imposed by suppliers and subcontractors to APIWA. APIWA do not guarantee or warrant the standard, class or fitness for purpose of any product or service mentioned.
In compiling the website, we have used information supplied to it by the operators of the relevant services. We endeavoured to ensure that the information contained on the web site is correct, but clients should not rely, and are not invited to rely on the accuracy or validity of any information on the web site as the basis for any action, refraining from acting or disbursement and APIWA expressly disclaims any liability for any loss or damage incurred by clients arising out of any such acts or omission or disbursements. APIWA disclaims and will be exempt from any liability under the law of contract, tort or by virtue of statutory enactment in relation to any: a. loss to; b. personal injury death or illness of; c. damage or theft of personal property of any sort of; d. expense of inconvenience caused through delay to; e. disappointed expectation of; f. accident befalling
The traveller or any dependents, arising out of any negligent act or omission, breach of any duty imposed by statute, breach of any law of the place of destination or on route to or from the destination, tort (whether intentional or unintentional), or breach of a contractual term, whether expressed or implied or breach of duty arising under or imposed by any law on the part of APIWA, its servants or agents or of any sub-contractor or supplier of any product or service.
Choice of Law - You agree with APIWA that in so far as any contractual relationship is created between you and APIWA by you making a booking through APIWA then that contract is subject to the laws of Western Australia.
Jurisdiction - You agree to submit to the jurisdiction of the courts of Western Australia for the determination of any dispute and the making of any claim against APIWA and acknowledge and agree that a court having jurisdiction in respect of the dispute or claim is the appropriate court.
Amendments And Cancellation Fees - We reserve the right to charge a minimum amendment fee of AUD $50 per person for each change to a confirmed booking. This is in addition to any fees charged by the supplier. When a booking is cancelled, we reserve the right to charge a minimum of AUD $250 per person administration fees. The cancellation fee can be as high as the entire purchase price (100%) of the booking. The cancellation fee charged by APIWA can increase in relation to the manpower and time spent on actually processing the cancellation. The calculation of the particular cancellation fee charged may be provided upon request. The cancellation fees charged by APIWA are in addition to any fees charged by cruise lines, airlines, tour operators, hotels, wholesalers or any other supplier. The fees charged by these suppliers can be up to 100% of the cost of the particular product purchased. The cancellation fees charged by these suppliers can be found on their respective websites and/or in their brochures. Some products available on our website are instant purchase/non-refundable, requiring full non-refundable payment at the time of booking. In view of these cancellation fees it is highly recommended that all clients take out comprehensive travel insurance at the time of booking to cover any eventualities. APIWA will not take any responsibility for anyone who does not take out comprehensive insurance. On occasions cruise lines and wholesalers will give notice that they intend to withdraw a particular special deal and it is quite normal that this notice is only a matter of days and could be months prior to your departure. When this happens we will endeavour to inform all clients immediately. If you are not able to continue your booking within a new declared date, we will endeavour to get a refund for you but make no guarantees in this regard. If the price increases, you will be re-invoiced to compensate for the new price. We cannot take responsibility for any price increase that may be notified, at any time, by the travel provider.
Payments – Full payment is required to secure all bookings unless a specific deal is available where prepayment of a deposit is required for future bookings to guarantee your reservation (such as cruises) ALL deposits are non refundable. APIWA is not a tour operator, coach operator, cruise operator or transport operator – meaning we do not deliver the service. We act as a booking agent only, working with hundreds of suppliers across our destinations to assemble multiple moving parts and deliver the itineraries we provide. When a payment is received on a booking, our specialist consultants work with our suppliers to confirm all arrangements on behalf of our customers and secure the member price. The non-refundable payment exists to ensure suppliers are paid for bookings made, we cannot refund as the discount provided is given as a 'member discount'.
Indemnify – Guests actions, conduct and safety are the responsibility of the Guests. The Guest shall at all times conduct himself and ensure that all of the occupants in the Property so not carry out any unsafe, irresponsible or illegal action, and shall at all times comply with the Terms and Conditions of the Agreement and shall comply with all Government and semi-Governmental Statures, By-Laws, Regulations and Rules that may be applicable. The Guests and Occupants jointly and severally hereby agree to indemnify and keep APIWA indemnified against any claim, action, demand, suite, cost, damage and expense of whatsoever nature arising out of an act, or omission, deed, matter or thing by the Guest and or, the Occupants, within or outside the Property, including but not limited to the grounds, facilities, structures during the Guest and Occupants stay and occupancy of the Property. APIWA do not accept liability for any personal loss or injury to the guest/s during the rental period, for any reason including that caused by events beyond our control. Events may include, but are not limited to; adverse weather, fire, pandemic, flood, traffic or flight delays, war, terrorist activity, civil disobedience, or other force majeure and no refund or credit will be offered under these circumstances. Our properties are maintained and cleaned regularly, however, wildlife is common in country and coastal areas. APIWA do not accept liability for the unfortunate or seasonal visits of any wildlife including, but not limited to; rodents, insects, cockroaches, kangaroos, wombats, snakes and spiders.
Limited Liability – To the maximum extent permitted by law, in no case shall APIWA, nor its affiliates, officers, employees, or directors be liable for any indirect, incidental, consequential, special or exemplary damages or for any damages for death, personal or bodily injury, emotional distress or damage to Property, arising out of or in connection with your stay. This limitation applies to all claims for damages including negligence even if APIWA has been advised of the possibility of such. You indemnify and will keep us indemnified against any claims, actions, damages, losses, or expenses which we incur or are liable for as result of any action or omission by you or any of your Guests in connection with your occupancy of the Property. Guests and other occupants (family, friends, children, pets, visitors etc) are responsible for their own use of or contact with any products, materials, food stuffs, plants etc located in/on the Property and have no claim against the owner or APIWA for any misuse, allergies, reactions, injury etc that may occur.
Limitation of Liability - APIWA shall not be liable to You or any third party for any special, consequential, exemplary or incidental damages (including lost or anticipated revenues or profits relating to the same), arising from any claim relating to this agreement, whether such claim is based on contract, tort (including negligence) or otherwise, even if an authorized representative of such party is advised of the possibility or likelihood of same.
Refusal - APIWA reserve the right to revoke or refuse to honour any Booking, at any time before or during the holiday rental period, which may in their opinion (and at their sole discretion) be unsuitable for the Property. APIWA reserves the right to refuse or cancel a Booking and /or a specific Guest, at any time for any reason.
By accepting this Booking - You hereby agree that if you or any occupant covered by this Booking, including any Guests, breach our terms and conditions, your name, phone number and email address along with details of the breach/breaches may be disclosed to the police. APIWA reserve the right to terminate permission to occupy and can evict you and all Guests and anyone else refusing to follow these Property Rules or causing a nuisance. Guests will be responsible for all damages, breakages and losses occurring to the Property &/or its contents, and any damages to/losses of hired linen during the term of your occupancy. Any associated costs, expenses or damages arising to the property owner or APIWA as a result of any such damage, breakage or loss will be charged to your account information. APIWA is not legally responsible for the decisions made by the Property owner. Amendment - This Agreement may only be amended, supplemented, discharged or abandoned in writing, signed by the Parties.
No Waiver - No failure, delay, relaxation or indulgence on the part of any Party in exercising any power or right conferred upon such Party in terms of this Agreement shall operate as a waiver of such power or right, nor shall any single or partial exercise of any such power or right nor any single failure to do so, preclude any other or future exercise thereof, or the exercise of any other power or right under this Agreement.
Joint Liability - The liability of two or more parties under this Agreement, and any one or other of them is a joint liability of all of them, and a separate liability of each of them.
Severability (i) If any provision of this Agreement is, or at any time, becomes prohibited by or unlawful under any applicable law, or otherwise becomes void or unenforceable, it will be severed from this Agreement and rendered ineffective so far as possible, without having any effect on the remaining provisions of this Agreement. (ii) The remaining provisions of this Agreement will, to the extent permitted by the relevant law, regulation or other condition, continue in full force and effect. Entire Agreement - The Parties hereto covenant and agree that this document embodies the sole and entire document and understanding between them and relevant to the subject matter herein contained and supersedes all prior understandings, deeds, agreements, condition or representations whether oral or written, express or implied with reference to the subject matter hereof. Save in so far as the same may have been performed or satisfied in full as at execution of this Agreement, the terms and covenants conditions, provisions, agreements, stipulations, obligations, representations, warranties, undertakings and agreements contained in this Agreement, continue in full force and effect execution of this Agreement, and do not merge on execution.
Further Assurances - Each of the parties hereto will do, execute, provide, acknowledge and deliver all and every such further acts, deeds, matters, assignments, charges, guarantees, covenants, assurances, documents and thing as shall reasonably be required foR the purposes and intentions of this Agreement.
Counterparts - This Agreement may be executed in counter parts. If this document is executed in counter parts, each counter part is an original and all of the counter parts together constitute this Agreement.
Notices - Any notice to the served by one party on the other under this Agreement must be in writing and is deemed to have been duly served if given(i) by mail, two (2) business days after it is posted where the party’s last known address in the Commonwealth of Australia, and five (5) business days after it is posted by airmail where ethe party’s last known address is outside the Commonwealth of Australia; or (ii) by hand, at the time it is left at the party’s last known place of residence or business; or (iii) by telex or email, upon receipt or the answerback; or(iv) by facsimile transmission, at the time of transmission to the party’s last known facsimile number; Or such earlier time if acknowledged by the receiving party.
DISCLAIMERWhile every reasonable effort is made to ensure that the information provided on this site is accurate, no guarantees for the currency or accuracy of information are made. APIWA website and material relating to information, products and services (or to third party information, products and services), is provided 'as is'. It is provided without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.APIWA acts on occasion as the letting agent on behalf of the owners and in accordance with the owner’s instructions. APIWA reserves the right to take appropriate remedial action and/or seek compensation for any serious breach of these conditions of letting.Neither APIWA or any other party accepts any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this website.APIWA does not warrant that the functions contained in the material in this site will be error free.In no event will APIWA or any other party be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of the APIWA website.
COPYRIGHTThe material contained on this website constitutes APIWA is intended for your general use and to assist in the process of arranging accommodation bookings or using member only services. You may view, download, display, print and reproduce this material in unaltered form only for your personal, non-commercial use or use within your organisation. You may distribute any copies of downloaded material in unaltered, complete form only. All other rights are reserved by APIWA.
This agreement sets out the terms and conditions upon which APIWA (known as the Australian Post-Tel Institute WA) will provide Travel and Accommodation services to Guests. These terms and conditions are valid from 01 July 2020 and supersede all previous terms and conditions. Please read the following carefully, as well as the Membership Terms & Conditions and the Holiday Home Rental Agreement, as these below Terms and Conditions and the forementioned constitute an agreement between You as the herein known as “Guest/Traveller” and the Property Manager known as the Australian Post-Tel Institute of (Western Australia) Incorporated, known herein as APIWA. Acceptance of these Terms and Conditions is achieved by the Guest Booking a “Service/Tour/Property” either over the phone or by internet, clicking an "I agree" or any other button on a web page, by either joining APIWA as a member in any form or by Booking or visiting as a non-member Guest at a Property, no physical signature is required. All bookings for products on the mytravelclub.com.au website are accepted subject to the conditions of carriage and other conditions imposed by suppliers and subcontractors to APIWA. APIWA do not guarantee or warrant the standard, class or fitness for purpose of any product or service mentioned.
In compiling the website, we have used information supplied to it by the operators of the relevant services. We endeavoured to ensure that the information contained on the web site is correct, but clients should not rely, and are not invited to rely on the accuracy or validity of any information on the web site as the basis for any action, refraining from acting or disbursement and APIWA expressly disclaims any liability for any loss or damage incurred by clients arising out of any such acts or omission or disbursements. APIWA disclaims and will be exempt from any liability under the law of contract, tort or by virtue of statutory enactment in relation to any: a. loss to; b. personal injury death or illness of; c. damage or theft of personal property of any sort of; d. expense of inconvenience caused through delay to; e. disappointed expectation of; f. accident befalling
The traveller or any dependents, arising out of any negligent act or omission, breach of any duty imposed by statute, breach of any law of the place of destination or on route to or from the destination, tort (whether intentional or unintentional), or breach of a contractual term, whether expressed or implied or breach of duty arising under or imposed by any law on the part of APIWA, its servants or agents or of any sub-contractor or supplier of any product or service.
Choice of Law - You agree with APIWA that in so far as any contractual relationship is created between you and APIWA by you making a booking through APIWA then that contract is subject to the laws of Western Australia.
Jurisdiction - You agree to submit to the jurisdiction of the courts of Western Australia for the determination of any dispute and the making of any claim against APIWA and acknowledge and agree that a court having jurisdiction in respect of the dispute or claim is the appropriate court.
Amendments And Cancellation Fees - We reserve the right to charge a minimum amendment fee of AUD $50 per person for each change to a confirmed booking. This is in addition to any fees charged by the supplier. When a booking is cancelled, we reserve the right to charge a minimum of AUD $250 per person administration fees. The cancellation fee can be as high as the entire purchase price (100%) of the booking. The cancellation fee charged by APIWA can increase in relation to the manpower and time spent on actually processing the cancellation. The calculation of the particular cancellation fee charged may be provided upon request. The cancellation fees charged by APIWA are in addition to any fees charged by cruise lines, airlines, tour operators, hotels, wholesalers or any other supplier. The fees charged by these suppliers can be up to 100% of the cost of the particular product purchased. The cancellation fees charged by these suppliers can be found on their respective websites and/or in their brochures. Some products available on our website are instant purchase/non-refundable, requiring full non-refundable payment at the time of booking. In view of these cancellation fees it is highly recommended that all clients take out comprehensive travel insurance at the time of booking to cover any eventualities. APIWA will not take any responsibility for anyone who does not take out comprehensive insurance. On occasions cruise lines and wholesalers will give notice that they intend to withdraw a particular special deal and it is quite normal that this notice is only a matter of days and could be months prior to your departure. When this happens we will endeavour to inform all clients immediately. If you are not able to continue your booking within a new declared date, we will endeavour to get a refund for you but make no guarantees in this regard. If the price increases, you will be re-invoiced to compensate for the new price. We cannot take responsibility for any price increase that may be notified, at any time, by the travel provider.
Payments – Full payment is required to secure all bookings unless a specific deal is available where prepayment of a deposit is required for future bookings to guarantee your reservation (such as cruises) ALL deposits are non refundable. APIWA is not a tour operator, coach operator, cruise operator or transport operator – meaning we do not deliver the service. We act as a booking agent only, working with hundreds of suppliers across our destinations to assemble multiple moving parts and deliver the itineraries we provide. When a payment is received on a booking, our specialist consultants work with our suppliers to confirm all arrangements on behalf of our customers and secure the member price. The non-refundable payment exists to ensure suppliers are paid for bookings made, we cannot refund as the discount provided is given as a 'member discount'.
Indemnify – Guests actions, conduct and safety are the responsibility of the Guests. The Guest shall at all times conduct himself and ensure that all of the occupants in the Property so not carry out any unsafe, irresponsible or illegal action, and shall at all times comply with the Terms and Conditions of the Agreement and shall comply with all Government and semi-Governmental Statures, By-Laws, Regulations and Rules that may be applicable. The Guests and Occupants jointly and severally hereby agree to indemnify and keep APIWA indemnified against any claim, action, demand, suite, cost, damage and expense of whatsoever nature arising out of an act, or omission, deed, matter or thing by the Guest and or, the Occupants, within or outside the Property, including but not limited to the grounds, facilities, structures during the Guest and Occupants stay and occupancy of the Property. APIWA do not accept liability for any personal loss or injury to the guest/s during the rental period, for any reason including that caused by events beyond our control. Events may include, but are not limited to; adverse weather, fire, pandemic, flood, traffic or flight delays, war, terrorist activity, civil disobedience, or other force majeure and no refund or credit will be offered under these circumstances. Our properties are maintained and cleaned regularly, however, wildlife is common in country and coastal areas. APIWA do not accept liability for the unfortunate or seasonal visits of any wildlife including, but not limited to; rodents, insects, cockroaches, kangaroos, wombats, snakes and spiders.
Limited Liability – To the maximum extent permitted by law, in no case shall APIWA, nor its affiliates, officers, employees, or directors be liable for any indirect, incidental, consequential, special or exemplary damages or for any damages for death, personal or bodily injury, emotional distress or damage to Property, arising out of or in connection with your stay. This limitation applies to all claims for damages including negligence even if APIWA has been advised of the possibility of such. You indemnify and will keep us indemnified against any claims, actions, damages, losses, or expenses which we incur or are liable for as result of any action or omission by you or any of your Guests in connection with your occupancy of the Property. Guests and other occupants (family, friends, children, pets, visitors etc) are responsible for their own use of or contact with any products, materials, food stuffs, plants etc located in/on the Property and have no claim against the owner or APIWA for any misuse, allergies, reactions, injury etc that may occur.
Limitation of Liability - APIWA shall not be liable to You or any third party for any special, consequential, exemplary or incidental damages (including lost or anticipated revenues or profits relating to the same), arising from any claim relating to this agreement, whether such claim is based on contract, tort (including negligence) or otherwise, even if an authorized representative of such party is advised of the possibility or likelihood of same.
Refusal - APIWA reserve the right to revoke or refuse to honour any Booking, at any time before or during the holiday rental period, which may in their opinion (and at their sole discretion) be unsuitable for the Property. APIWA reserves the right to refuse or cancel a Booking and /or a specific Guest, at any time for any reason.
By accepting this Booking - You hereby agree that if you or any occupant covered by this Booking, including any Guests, breach our terms and conditions, your name, phone number and email address along with details of the breach/breaches may be disclosed to the police. APIWA reserve the right to terminate permission to occupy and can evict you and all Guests and anyone else refusing to follow these Property Rules or causing a nuisance. Guests will be responsible for all damages, breakages and losses occurring to the Property &/or its contents, and any damages to/losses of hired linen during the term of your occupancy. Any associated costs, expenses or damages arising to the property owner or APIWA as a result of any such damage, breakage or loss will be charged to your account information. APIWA is not legally responsible for the decisions made by the Property owner. Amendment - This Agreement may only be amended, supplemented, discharged or abandoned in writing, signed by the Parties.
No Waiver - No failure, delay, relaxation or indulgence on the part of any Party in exercising any power or right conferred upon such Party in terms of this Agreement shall operate as a waiver of such power or right, nor shall any single or partial exercise of any such power or right nor any single failure to do so, preclude any other or future exercise thereof, or the exercise of any other power or right under this Agreement.
Joint Liability - The liability of two or more parties under this Agreement, and any one or other of them is a joint liability of all of them, and a separate liability of each of them.
Severability (i) If any provision of this Agreement is, or at any time, becomes prohibited by or unlawful under any applicable law, or otherwise becomes void or unenforceable, it will be severed from this Agreement and rendered ineffective so far as possible, without having any effect on the remaining provisions of this Agreement. (ii) The remaining provisions of this Agreement will, to the extent permitted by the relevant law, regulation or other condition, continue in full force and effect. Entire Agreement - The Parties hereto covenant and agree that this document embodies the sole and entire document and understanding between them and relevant to the subject matter herein contained and supersedes all prior understandings, deeds, agreements, condition or representations whether oral or written, express or implied with reference to the subject matter hereof. Save in so far as the same may have been performed or satisfied in full as at execution of this Agreement, the terms and covenants conditions, provisions, agreements, stipulations, obligations, representations, warranties, undertakings and agreements contained in this Agreement, continue in full force and effect execution of this Agreement, and do not merge on execution.
Further Assurances - Each of the parties hereto will do, execute, provide, acknowledge and deliver all and every such further acts, deeds, matters, assignments, charges, guarantees, covenants, assurances, documents and thing as shall reasonably be required foR the purposes and intentions of this Agreement.
Counterparts - This Agreement may be executed in counter parts. If this document is executed in counter parts, each counter part is an original and all of the counter parts together constitute this Agreement.
Notices - Any notice to the served by one party on the other under this Agreement must be in writing and is deemed to have been duly served if given(i) by mail, two (2) business days after it is posted where the party’s last known address in the Commonwealth of Australia, and five (5) business days after it is posted by airmail where ethe party’s last known address is outside the Commonwealth of Australia; or (ii) by hand, at the time it is left at the party’s last known place of residence or business; or (iii) by telex or email, upon receipt or the answerback; or(iv) by facsimile transmission, at the time of transmission to the party’s last known facsimile number; Or such earlier time if acknowledged by the receiving party.
DISCLAIMERWhile every reasonable effort is made to ensure that the information provided on this site is accurate, no guarantees for the currency or accuracy of information are made. APIWA website and material relating to information, products and services (or to third party information, products and services), is provided 'as is'. It is provided without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.APIWA acts on occasion as the letting agent on behalf of the owners and in accordance with the owner’s instructions. APIWA reserves the right to take appropriate remedial action and/or seek compensation for any serious breach of these conditions of letting.Neither APIWA or any other party accepts any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this website.APIWA does not warrant that the functions contained in the material in this site will be error free.In no event will APIWA or any other party be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of the APIWA website.
COPYRIGHTThe material contained on this website constitutes APIWA is intended for your general use and to assist in the process of arranging accommodation bookings or using member only services. You may view, download, display, print and reproduce this material in unaltered form only for your personal, non-commercial use or use within your organisation. You may distribute any copies of downloaded material in unaltered, complete form only. All other rights are reserved by APIWA.
PLEASE CHECK COVID RESTRICTIONS / BORDER CLOSURES / PASSPORT & VISA REQUIREMENTS BEFORE BOOKING YOUR NEXT TRIP