Terms and conditions - Holiday Home Rental Agreement
Introduction: This agreement sets out the terms and conditions upon which APIWA will provide short let management services to Guests. These terms and conditions are valid from 01 July 2020 and supersede all previous terms and conditions. Definitions: In this agreement, some terms are used regularly. These are capitalized and are defined as follows:
“Availability Period” means the period for which the Property is available for receiving Guests;
“Booking” means a reservation or a pre-arranged date range of occupancy allocated to a Guest;
“Caretaker” means the on site staff who look after the Property as a manager;
“Cleaning Fee” means a fee for cleaning and preparing the Property for occupation by a Guest;
“Extra Maintenance Services” means services such as deep clean, carpet shampoo, upholstery cleaning, mould removal, pest control, oven cleaning, external window/balcony cleaning, wall painting, work at height, serious plumbing, electrical or gas works and anything that is not covered by Services;
“Fee” means the fees charged by APIWA in accordance with clauses in these Terms and Conditions;
“Guest” means any person, Guest or Visitor who is using the Property;
“Listing” means any advertisement of the Property on a Website;
“Members” means an active financial member of API;
“Non-Member” means a Guest who is not an active financial member of API;
“Property” means the physical Property address as shown on the Guests reservation;
“Property Manager” means the organisation legally entitled to manage the Property;
“Responsible Person” means any Members / Guests / Visitors or Persons who are paying, even if in part, for the use of the Property and is legally responsible for the tenancy;
“Room Rent” shall mean the total amount paid by the Guest for a booking less any Cleaning Fee and any service fee and taxes levied by the relevant Homestay Website and/or any card processing Fee;
“Services” means the conditions and services described in accordance with these Terms and Conditions;
“Staff” means any person who works for and is paid by APIWA;
Please read the following carefully as these Terms and Conditions constitute an agreement between You as the herein known as “Guest” 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 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.
HOLIDAY HOME (STA) TERMS & CONDITIONS
This is a Short-Term Accommodation (STA) Licence not a Tenancy – Any booking with APIWA is not a residential tenancy agreement under residential tenancy legislation. Failure to comply with any of the agreement obligations and these Terms and Conditions of the Property may result in immediate termination and eviction. Refunds will not be paid on terminated occupancies and damages may be sought.
1. Council Law - Due to licencing provisions imposed by local shires & councils the use of the Property is only for the quiet enjoyment of Guests and there is a restriction on the number of Guests using the Property as advised at the time of Booking. Any infringement will result in the Guest being required to immediately vacate the premises & forfeiting their Booking and any bond amount held. There are no exceptions.
2. Responsible Person - The Guest Booking the Property is legally responsible for damage to the Property and the conduct of all Guests, ensuring that no inconvenience is caused to other Guests, or residents in adjoining properties. No commercial, illegal, or public nuisance activity is to take place at the Property. No tents, caravans and other structures are to be erected or occupied at the Property without exception. Any damage to the Property will be charged to the Guest and failure to comply will result in legal action and a claim for court costs incurred, being paid by the Guest. Guests must comply with these terms and conditions, Property rules and any other reasonable request made by APIWA. The Responsible Person must be at least 21 years of age, Guests under 21 are welcome but must be accompanied by a parent or guardian. Caretakers and Staff may randomly spot check in on Guests to ensure safe, quiet enjoyment of the premises and that the Property is being used in line with these Terms and Conditions. Schoolies/under 21 bookings are STRICTLY NOT PERMITTED. Properties are for approved Guests only. No extra Guests are permitted on the Property. The number of Guests must not exceed the number of Guests shown on your Booking confirmation, extra Guests will result in expulsion and no refunds will be given. Excessive noise, parties and functions are STRICTLY not permitted. The number of Guests of the Property shall be no more than the number registered at the time of entering into this Agreement. The number of Guests shall not be greater than the number of beds at the Property. No extra mattresses or other bedding is to be brought onto the Property. At all times the Guest shall comply with the Department of Health or other body having power to regulate same, regulations, laws and requirements in relation to the number of Guests who are able to occupy the Property. In the event that the Guest is found to have more persons occupying the Property than is the registered number of occupants, the Guest shall pay an amount of $200 per person per night for the duration of the Booking, and APIWA shall be entitled to terminate the Booking immediately upon giving written notice thereof. This service is a Self-Stay/ Self Contained holiday home service - it is not a Hotel service and therefore normal office hours apply. A description of the Property and its inclusions is as accurate as possible from the advertising. Without prior inspection, no guarantee can be given that a Property will satisfy Guest’s expectations. We will not provide a refund if you decide to not stay at the Property for whatever reason. Some condiments in the kitchen are provided for the Guest convenience to get through the first day or two, if the Guests are staying longer the nearest shops in the town centre are available to resupply at their own expense, as is the nature of Self-Contained Accommodation. If a complaint of excessive noise or anti-social behaviour is received, security will be dispatched to investigate and may result in a minimum $250.00 call-out charge. This fee will be taken from the Guest’s details on file and is non-negotiable. If a second security call-out with a fee payable is received at any time during a Guest’s stay, all Guests at the Property will be evicted from the Property by security without refund of rent or bond. Guests must notify us immediately of any disputes or complaints from neighbours as soon as possible. Unruly, loud or offensive behaviour will not be tolerated. If complaints are received this may result in termination of the Booking and loss of unused balance of accommodation. Parties and Functions are strictly prohibited and immediate termination of the Booking without refund will result. Guests must comply with the by-laws, rules and regulations of the APIWA employees and contractors and any reasonable direction of the Property Manager or Caretaker. The Booking will be terminated immediately if any Guest fails to comply after receiving a warning. It is the Guest’s responsibility to maintain the cleanliness of the Property during the accommodation period.
3. Membership - Only members of APIWA, APIQLD or API Ltd can book accommodation at an APIWA property, as such by Booking your stay you are also accepting the Terms and Conditions of membership. If you book at ‘Member Rates’ you must be an ‘active and financial’ Member of an API, if you book at ‘Non-Member Rates’, or through an online Booking engine a free one-off temporary membership will be provided to you with APIWA. Please see the membership terms and conditions for more information.
4. Bookings - Bookings are made with a minimum two (2) nights and maximum Bookings two (2) weeks. The only exceptions are; during school holidays, when the maximum booking is one week; or, at the discretion of the CEO. Accessories - Cots, highchairs, BBQ access and casual bedding is available by prior arrangement at no charge. Extra linen however can incur extra costs. Bookings are NOT transferable to anyone else and subletting is NOT permitted. The Guest making the booking must be personally staying at the unit throughout the Booking. Accordingly, Guests may only book one unit at a time. The APIWA quality "star" rating is self-rated and based on our judgement of place in the market. Whenever you are absent from the Property, please close all windows and doors to maintain security and prevent rain and water damage. Any areas designated as private by the Property Manger are strictly out of bounds.
5. Linen - All properties are self-contained, we are not a hotel service and as such there is no linen turn down service, but we do supply some basic sanitised linen for your stay. Some linen, tea towels and bath towels are provided for all Guests. Beach towels and personal towels and personal linen is not provided. Cleaning is arranged and provided at a reasonable cost of $50 at booking, please advise if extra linen is required and extra charges will apply to your Booking. Property apartment allocation is made randomly at the time of Booking online and any change will only be made in the event of unforeseen circumstances. If a Booking is cancelled, transferred to a different date or otherwise changed at the request of a Guest, a fee applies. APIWA reserves the right to change Bookings where repairs or maintenance are required or should circumstances make it necessary. If provided linen is damaged beyond repair, stolen or missing after the guest vacates the cost to replace the item will be charged to the Guest last at the occupancy.
6. Arrival/Departure - CHECK IN is strictly after 2pm on the day of arrival, CHECK OUT prior to 10.00am on the day of departure. Keys are to be collected from the lockbox at the Property on arrival. On departure, please ensure to lock the door behind you when you leave and place the keys back in the lockbox and scramble the code. Keys will be available at the Property upon arrival unless otherwise advised. The Guest will be provided with details of the key location and/or access codes prior to arrival. Guests are requested to take the access information with them to access the Property. A replacement fee applies if a set of duplicate keys are required by a Guest. Guests must not break into, or attempt to break into, Property when locked out. Keys should be returned to the lock box provided. Should the keys not be returned, the Guest will be liable for any charge incurred in gaining entry and/or replacing keys and changing locks if necessary. Replace neatly all games, DVD’s, CD’s and any other item that you have used at the Property.
7. Children – No responsibility will be taken for children staying at or visiting the Property. Please supervise carefully, always taking into consideration fencing, dams, stairs, verandahs, driveways, balconies, and cleaning chemicals.
8. Third party services – Should you engage the services of a third party during your stay such as a caterer, beautician, massage therapist etc, it is your responsibility to ensure that they adhere to these Terms and Conditions and hold appropriate Public Liability Insurance.
9. Cleaning – Departing Guests must leave the Property clean and tidy. The house, including the BBQ, must be left in a clean and tidy condition as you found it. ALL food and rubbish must be placed in the bins provided and food scraps wrapped as required by Health Department by laws. This includes emptying the rubbish bin, washing and drying, and putting away all dishes, emptying the dishwasher, emptying and cleaning of the refrigerator, oven/grill & microwave, cleaning the BBQ, sweeping the floor and turning off the lights and cooling/ heating appliances. The cost of a standard clean is included in the tariff charged but it does not include these items. APIWA reserves the right to recover any costs above the standard clean from Guests at or following a departure. Council rubbish bin collection occurs weekly for general waste and fortnightly for recycling (yellow top bins). A fee will be charged if any excess rubbish has to be removed or is left on the ground. The tidiness of the area surrounding the Property is also the Guests responsibility. While occupancy includes a clean of surfaces and some linen any additional cleaning necessary by the Caretaker and/or a professional cleaner will be charged to the occupant. Some properties have a septic tank, do not throw sanitary products or nappies anywhere other than the bin. If the septic blocks and requires pumping, the responsible Guest will be charged.
10. Inspections/Damage - The interior and exterior of the properties are thoroughly inspected between each guest. You become financially responsible for any and all damage and loss to the property and its contents from the date and time you check in, to the date and time you check out. To avoid erroneous blame, you are required to immediately notify our team if anything is amiss when you arrive at the property. If you encounter an issue, please contact us immediately so that we can attempt to rectify any issues that present themselves. APIWA takes no responsibility for damage, theft, loss or left behind items that are not owned by APIWA. We advise guests to check their personal insurance policy to see if these items are covered prior to your stay, they are NOT covered, replaceable or the responsibility of APIWA. The contents of your unit should be checked on arrival. All breakages and any damage whatsoever must be reported to the caretaker and will be charged back to the guest if damaged during the booking. All items in the units that are damaged or soiled (incl. mattresses, TV’s, beds & furniture), will be replaced at the expense of the guest. Any electrical and plumbing issues, or complaints, should be referred, in the first instance to the caretaker. In some instances, immediate repairs may be beyond our control, and no responsibility is accepted by APIWA for these circumstances. No compensation will be negotiated due to the failure of any services, equipment or other contents provided at the premises. APIWA reserves the right to access units to attend to maintenance issues as may be required from time to time. Occupants will be notified where possible. In the case of necessary repairs, properties may be unavailable for usage, we will offer you alternative accommodation if possible. If Guests choose to relocate to an alternative property, if the new property is of greater value than the original property booked, the extra cost will be at the guests’ expense. Children must not jump on beds. Damage resulting from children jumping on beds will be at the cost of the guest. Damage to the property or its inclusions by guests or their visitors, other than fair wear and tear, must be reported to our holiday rental staff as soon as possible and arrangements made to pay for the cost of repair or replacement.
11. Loss - No liability whatsoever is accepted for any injury, debt, damage, loss, delay, expense or inconvenience caused directly or indirectly by any event. No responsibility is taken for guest’s property left on or near the premises. It is recommended that guests take out personal and property insurance or adequate travel insurance should any unexpected situations arise before or during your travel period. All guests are responsible for keeping the property secure during their stay and will be responsible for any theft or damage due to neglect in this area. Guests are solely responsible for their belongings whilst staying at the property and are required to take the usual steps to prevent any property loss, including locking premises and vehicles when not attended. APIWA is not liable for anything left behind and will not pay compensation or replace lost, damaged or forgotten items. If personal property is left behind, we will endeavour to recover and return all non-perishable items, but we take no responsibility for the recovery or return of these items. Postage and packaging and the cost of sending out a staff member to search for the item will need to be paid in advance of delivery, at the guest expense. Low value items will be held for claiming if returned to our office, for a maximum of 2 weeks and if not claimed will be disposed of at a charity of our choice.
12. Moving furniture - Movement of Items within/between properties is strictly forbidden. No person is to move items or furniture (indoor or outdoor) within a Property, or in the across multiple Property locations, from unit to unit. Movements may cause damage to items and the Property itself and can cause excess cleaning time due to complex housekeeping inventory checks. Any damages/excess cleaning caused by movement of items or furniture will be charged to the Guest. Furniture is not to be moved around and even smaller items such as wine glasses are not to be moved from room to room or property to property. A fee will be charged should these occur.
13. Payment - 100% of the total cost of your Booking fee is required upon reservation to ensure that your Booking is confirmed. Without full payment no access to the Property will be given and the Booking will be cancelled without refund. If for any reason your payments are not received in full, APIWA reserves the right to cancel your Booking and apply appropriate cancellation charges (see clause 20 cancellation conditions).
14. Tariffs and rates quoted are correct at time of printing and are subject to change without notice. Property tariffs may change online at any time, day to day, unit to unit without notice. Guests are liable for the Booking fee that they agreed to at the time of the initial Booking. A member cannot claim a refund, or expect to pay less for their booked unit, where an alternative unit has been advertised at a lower price for the same period. From time to time ‘last minute’ deals may be offered to increase occupancy to the benefit of the entire membership.
Credit Card Payments - A payment processing surcharge fee applies to credit card payments (subject to change in accordance with financial institutions and relevant laws). A non-refundable service fee applies to all credit card payments. Paying online with a Credit Card is the most secure way to book with APIWA. Credit card and bank details will be utilized as a security bond. APIWA shall be entitled to draw on the security bond to cover any losses, costs, damage, inconvenience, or expense such as extra cleaning of whatsoever nature in the event of any of the Terms and Conditions of this Agreement are not met by the Guest.
15. Payments - From the moment your payment information is entered, APIWA protects your banks and credit card details and associated personal information using encryption and information is maintained PCI Compliant. APIWA will save guest’s details and APIWA shall be entitled to draw on the credit card or bank details on file to cover any losses, costs, damage, inconvenience, or expense such as extra cleaning of whatsoever nature in the event of any of the Terms and Conditions of this Agreement are not met by the Guest. Guests can dispute charges in writing to the CEO but are not entitled to a refund of these charges.
16. Pets – All pets are STRICTLY NOT permitted at any API Property, including visitor’s pets unless it is specifically stated as being “small/toy” dog or small pet friendly accommodation. In a non-pet friendly unit, no pets are allowed either into or onto the grounds of the property, nor inside the accommodation under any circumstances. Any pets found in a ‘non-pet friendly’ accommodation property will result in the termination of the Booking and termination of the occupation in the event that the Guest has taken Occupancy of the Property. Additional cleaning charges will be charged as per Clause 15 to cover damages, cleaning & fumigation. Large dogs are not permitted on APIWA properties.
If your accommodation is designated a pet friendly Property, then you further agree to be bound by the additional conditions. ALL pet droppings MUST be removed from the Property prior to departure. Your pet must not be taken inside unless it is house trained, and you are prepared to pay for any and all damage caused to the Property or resulting loss suffered by APIWA, including but not limited to steam cleaning, fumigation, couch and carpet cleaning. It is the Guest’s responsibility to ensure that their dog is suitably restrained within the yard of the premises. A barking or aggressive dog will not be tolerated under any circumstances and may result in the termination of your Booking, immediate vacation of the premises and no refund will be given. Pets are NOT allowed on beds, carpeted areas and on any furniture, you must bring your own dog bed and place it in the laundry for usage. A premium of $100 will be added to bookings with pets. All traces, including fur, must be removed from inside the Property prior to departure, without exception. Further fees starting at a minimum of $200 will apply if the unit is not left in the state in which you found it, without prejudice or exception. Caretakers will provide quotes for repair, pest control, cleaning or any damage repairs which will be paid for by the tenant.
17. Smoking - is STRICTLY NOT permitted inside the units or common areas and smokers must be at least 5 meters away from a common area. Guests must discard cigarette butts into the rubbish bins. Cigarette butts and other rubbish discarded into garden beds will incur an additional charge for cleaning. Charges as per Clause 15 will apply if APIWA are required to fumigate and clean the property.
18. Parking – Guests may only park vehicles in the designated areas. One dedicated car bay is provided at each location for each unit. Please park with courtesy to other Guests. On-street parking is not provided or guaranteed for Guests or visitors. APIWA cannot be held responsible or liable for any fines or penalties incurred by Guests or visitors from parking on the street. Parking campervans, caravans and trailers (with or without boats) on a residential street or inside the confines of the Property, unless approved in writing by the CEO, is not permitted under any circumstances. Guests will be required to remove any campervans, caravans or trailers and remain responsible for their Property at all times. If a Guest fails to comply, the item may be towed away at the Guest’s expense. Strictly no tents or caravans are permitted on the Property at any time.
19. Internet - Some Properties provide wireless internet for guests for email, perusing social media, and web browsing. It is not provided for continual excessive video streaming or downloading, e.g. movies/shows. Usage is not unlimited and is monitored. Excess usage may be charged to the Guest. If Guests require excess usage, please contact APIWA to arrange the purchase of a data pack. The operation of any internet connection during your stay is not guaranteed and may be disrupted or unavailable. This also applies to TV/Austar/Foxtel type services as reception can be unreliable in times of high wind or storm. Depending on the location of the Property there may be a weak signal strength. The Guest will not hold APIWA liable for any disruption to these services.
20. Cancellations/Refunds/fees - A fixed compulsory administrative cancellation fee of $100 and fixed transfer fee of $50.00 applies to all Bookings without exception. Bookings cancelled 4 weeks or more prior to the commencement date will be only refunded at the discretion of the CEO and the maximum refund amount is the value of the original Booking less 30%. If a Booking is cancelled less than 4 weeks prior to commencement, no refund shall be made. No refund is given on any unused portion of rent. In some instances the cancelled booking dates can be re-sold, in this case the re-sold portion may be refunded but this is based on another Guest Booking the same unit at the same time to essentially take over the previous Booking and does not always apply. The CEO at her discretion, may at any time decline or cancel a Booking or apply any additional conditions deemed necessary, including the imposition of a bond of up to $10,000 per Booking and charge for repairs. (We do not accept bank transfers or cash for bond payments unless by special arrangement). For bonds that are processed, the funds will be released to your account/credit card after your departure from the property as long as there are no issues during the stay. The total bond amount for your Booking will be advised by APIWA. If a bond deduction occurs, APIWA will advise the guest of details of any charges and these will appear on the guest’s statement. Considerable administration is required, and a bond administration fees may apply.
21. Unforeseen circumstances/Faults - If due to repairs, maintenance, and unforeseeable circumstances the unit can no longer be provided at your booking time APIWA will take all reasonable actions to offer alternative accommodation should this occur. If alternative accommodation cannot be found, you will be offered a credit to use at another time. Both APIWA and the Guest are released from the contract if, the accommodation has been destroyed and if authorities have advised that the area is not safe to enter. Cancellations due to poor or less-than-ideal weather does not constitute a crisis. In the event that a Booking needs to be modified – for example, because of an extreme weather incident or a change of mind. No refund will be given, and the Guest is liable for any extra costs. All Properties under APIWA management are privately owned and are rented on a fully self-contained basis. In the event of faults and/or malfunctions of appliances or inclusions there is no obligation from the owner or APIWA to compensate or discount for that fault. APIWA does not accept responsibility for any inconvenience with machinery or appliances breakdown. The Caretaker’s best endeavours to repair, replace or seek alternative options will be undertaken. APIWA reserves the right to move Guests to alternative accommodation (subject to availability) at their discretion or at the direct instruction of the Property owner. If this is the case, we will notify all Guests as soon as possible and make every reasonable effort to make sure that they are satisfied with their new address. Should a tradesperson be sent out upon a Guest request to carry out a repair that was unnecessary, the cost of the callout will be at the Guest’s expense. Guests must inform our office immediately upon check-in if the Property is not clean otherwise, they are deemed to have accepted the Property in the condition of arrival. If a Property is reported as stale (dirty), APIWA reserves the right to have the Property cleaned ASAP. If Guests choose to relocate to an alternative Property, if the new Property is of greater value per week than the old Property, the extra cost will be at the Guest’s expense.
22. Links – Any sites that feature APIWA Properties and membership information may contain links and pointers to other internet sites, resources, and sponsors of the site. Links to and from the site or Bookings made via other third-party sites, or sites maintained by third parties, do not constitute an endorsement by APIWA of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the site and a third-party site, such as a social media site. We are not responsible in any way for such third-party sites, claims, offers, terms and conditions of use or resources.
23. APIWA may inspect the Property upon giving reasonable notice, and at any time, without notice, if in the reasonable opinion of APIWA there has been a breach of this Agreement, there is an emergency, or that safety to persons or property is at risk. If the occupancy ends or the lease is terminated, Guests must immediately vacate the Property. APIWA is authorised to do whatever is required to enforce the eviction of any guest and removal of Guest’s Property including the involvement of Law Enforcement Agencies.
24. Substitution of Property - At times, situations arise over which we have no control such as ownership changes, Properties on the market, extensive repairs or maintenance, or if Properties are removed from the holiday rental market. We reserve the right to offer Guests alternate accommodation of a similar standard, as available, at our discretion. In the unlikely event, we will notify you as soon as possible and make every reasonable effort to ensure you are satisfied. We cannot guarantee accommodation and, should an alternative not be found, you will be refunded. You hereby agree that, in this case, you will accept the refund as an acceptable outcome.
25. Indemnify – Guests actions, conduct and safety are the responsibility of the Guests. The Guest shall at all time conduct himself and ensure that all of the occupant’s ion 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 to the Property. 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 ant 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.
26. Equipment - APIWA do not accept liability or loss caused by failure of equipment and/or services out of our control, including, but not limited to, water, electricity, gas and internet. In the event of a failure, the Guest should notify our team in the first instance. Any problems that arise during the rental period that do not constitute an emergency as determined by APIWA, will be remedied at any time during or after the rental period, at the sole discretion of APIWA. APIWA and/or its representatives reserve the right to enter the Property at any time, without notice, to protect and/or undertake maintenance of the Property. We will provide notice to the guests wherever possible.
27. 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 mis-use, allergies, reactions, injury etc that may occur.
28. 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.
29. 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 other short-term accommodation suppliers/providers and or 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 it’s 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.
30. 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.
31. Amendment - This Agreement may only be amended, supplemented, discharged or abandoned in writing, signed by the Parties.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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 fo the purposes and intentions of this Agreement.
37. 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.
38. 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.