API Travel Terms of Trade and Schedule of Fees
(referred to as API Travel T&C's)

• API Travel Pty Ltd (hereafter known as API Travel) acts as an agent between the customer and travel suppliers, selling products on behalf of the suppliers.
• API Travel Advisors provide a professional service which the customer has requested, to co-ordinate the services offered by travel suppliers.
• API Travel cannot guarantee the performance of the travel suppliers.
• It is necessary for us to formalize the contractual arrangements between customers and API Travel.
• It is important that you read and understand the API Travel Terms of Trade and Schedule of Fees (hereafter known as API Travel T&C’s).
• API Travel will supply the customer with a copy of this form with every booking together with the Terms and Conditions of the travel supplier.
• All bookings are subject to travel suppliers Terms and Conditions including conditions of carriage and limits on liability. It is the customers’ responsibility to read these before finalizing any transaction.
• We require you supply a signed Client Booking form at the time of payment of your deposit or any payment required to secure your booking.

API TRAVEL - SCHEDULE OF FEES

PRIVACY 

The information collected is required to ensure accuracy of reservations made on your behalf. API Travel will provide relevant information to external suppliers such as hotels, tour companies, foreign consulates, as required for your booking. API Travel complies with all aspects of the Federal Privacy Act and the National Privacy Principles.  All credit card payments will be taken as phone charge and details destroyed as per privacy act and if necessary, any fees as detailed in the Schedule of Fees will be charged to the same credit card.

RESERVATION DEPOSIT

• The Non-refundable API Travel reservation deposit is payable at the time the reservation is confirmed in addition to any deposits charged by the travel supplier. Some travel suppliers may require a deposit up-front to request a booking.
• The Non-refundable API Travel reservation deposit will be deducted from the cost of your booking. Upon cancellation, the API Travel reservation deposit is forfeited and any other travel supplier deposits subject to their terms and conditions.

PRICES

• All prices are quoted in Australian dollars unless otherwise noted and include GST where applicable and include API Travel service fees as outlined in the Schedule of Fees.
• Prices are subject to change prior to full payment of the services, at the discretion of the travel supplier. This is out of the control of API Travel.
• In the event a travel supplier quotes services in a foreign currency this will be advised at the time of providing the quote. The exchange rates utilized by the supplier is out of our control.

DISCLOSURE OF INCOME

• API Travel may receive fees, commissions, gifts, or financial incentives from third parties in the operation of the travel business and the agent services provided for the customer.

BOOKINGS & PAYMENTS

• Some travel services must be paid in full at time of booking.
• Payment for travel arrangements is required by the due date as advised in the Travel Statement as failure to do so may result in the booking being cancelled and deposit forfeited.
• Bank cheques accepted however will be required at least 5 days prior to the due date for the funds to be cleared to ensure bookings are protected.

• Credit cards can only be accepted by prior arrangement, fees apply as outlined in the Schedule of Fees. Where, the travel supplier acts as the merchant, credit card fees are subject to their Terms and Conditions.

CANCELLATION

• API Travel cancellation fees will be charged after all arrangements have been booked and paid in full and when the cancellation has been requested by the customer or other event beyond our control.
• Some services booked are non-refundable or transferable and will be advised at the time of booking.
• Cancellation of bookings may incur fees from suppliers please ensure you read the travel suppliers terms and conditions, and these are in addition to API Travel cancellation fees.
• When a credit card is used as payment to the travel supplier directly, the refund will be made to the original credit card provided. Payment of API Travel service fees will be required prior to processing the refund.

REFUNDS

• If a travel supplier is required to provide the customer with a refund for the booking, API Travel will provide the refund subject to the supplier’s terms and conditions.
• When a refund is provided by a travel supplier API Travel will refund less any fees as per API Travel Terms and Conditions provided herein.
• Any refund for cancelled bookings will not be paid until the travel supplier provides the refund to API Travel.
• API Travel will not provide a refund for the service fees charged if the booking does not go ahead.
• API Travel is not responsible for the supplier delays in providing the refund.
• In a COVID-19 travel environment refunds will take much longer than usual due to the volume of cancellations and refunds.
• Airline airfare refunds can take approximately between 60-120 days to process.
• When a credit card is used as payment to the travel supplier directly, the refund will be made to the original credit card provided. Payment of API Travel service fees will be required prior to processing the refund.

CHANGES - Any changes made to a confirmed itinerary after it has been accepted by the client will attract change fees as per the Schedule of Fees, plus any communications costs incurred in securing further confirmations. 

PASSPORT / VISAS & RE-ENTRY PERMITS / HEALTH PRECAUTIONS

• It is the customer’s responsibility to ensure they have the requisite documents before travelling to a destination and must advise API Travel of any passport or visa difficulty.
• Australian Passport holders must have a passport with at least 6 months validity after the return date.
• Foreign Passport holders generally need a re-entry visa to Australia.
• Please refer to www.smartraveller.gov.au for the important Top 10 Safe Travel Tips.
• Other important informational websites are www.dfat.gov.au
• API Travel may be able to assist with general enquiries.
• API Travel may be able to assist with the processing of entry Visas to certain destinations. A fee will apply as per the Schedule of Fees.

COMMUNICATION AND BANK COSTS - Following prior agreement with Management, should a reservation incur communications costs and bank charges above normal costs associated with the booking, they will be payable by the client.

TRAVEL INSURANCE

• Travel Insurance should considered at the time the deposit or payment is made for maximum protection. A policy can only be issued when the premium is paid.
• It is important to understand that the failure to take out Travel Insurance may incur financial hardship in the event of cancellation or disruption to your travel as defined by the policy.
• There are certain destinations where travel is not permitted without Travel Insurance.

ITINERARY PLANNING SERVICE - Should a detailed itinerary quote be requested with flight times availability, combined with tour or accommodation components, a planning fee, as per the Schedule of Fees, will be charged prior to the itinerary being prepared.  The fee will be redeemable as part deposit when a booking is made.

LATE BOOKINGS - Following prior agreement with management, a fee is payable for late bookings that require urgent attention.

SPECIAL REQUESTS - Special requests such as airline seating, meals, non-smoking rooms, bedding configuration, specific room requests in hotels and cruise cabin location, are at the discretion of the operator. Whilst API Travel will do our utmost to notify the operators of your special needs there is no guarantee.

FREQUENT TRAVELLER

• It is the customers responsibility to advise API Travel of any frequent flyer membership
• It is the customers responsibility to advise API Travel if they wish to purchase an airfare which is eligible for frequent flyer points as not all airfares allow the accrual of points.
• API Travel is not responsible for the inability to claim points.

AUTHORITY

In the event, that an accident, disaster, or emergency is reported to have occurred in a country where I/we will or may be travelling. I/we authorize you to disclose to the Australian Government Department of Foreign Affairs and Trade details of my/our itinerary (including without limitation, transport, and accommodation arrangements) and my/our contact details within Australia and overseas.

Please refer to www.smartraveller.gov.au for the important Top 10 Safe Travel Tips or refer to leaflet included in your final travel documentation. Other important informational websites are www.dfat.gov.au.

GOVERNING LAW - Australian Consumer Law and all other laws as applied by the State of Queensland.

LIMITATION OF LIABILITY

• All services, coupons, receipts, and tickets are reserved and issued subject to the terms and conditions specified by the travel suppliers. (Refer individual brochures, websites and Terms and Conditions)
• By accepting the coupons, tickets and utilizing our services, the customer agrees that, apart from certain rights  under the Australian Consumer Law that we cannot alter, neither API Travel nor any subsidiary company or representative shall be liable in contract, tort or otherwise for any loss, injury or damage, delay, additional expense or inconvenience by suppliers or third party providers over who API Travel has no direct control.
• API Travel is not liable for Force Majeure or any other event which is beyond API Travel’s control or which is not preventable by API Travel.

FORCE MAJEURE

Neither Party will be liable for any failure or delay in performing any obligation under the Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, outbreaks of infectious disease or any other public health crisis, civil commotion, breakdown of communication facilities, natural catastrophes, governmental acts or omissions, changes in law or regulations national strikes, fire, explosion, generalized lack of availability of raw materials or energy.

For the avoidance of doubt, Force Majeure shall not include a) financial distress nor the ability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder.  In the event, that a Force Majeure applies, the customer will be bound by the travel suppliers’ terms and conditions.

YOUR RESPONSIBILTIES - The customer agrees that they meet the following requirements:

• You warrant that you are over the age of eighteen (18) and have sufficient funds to pay for the travel services.
• You warrant that you hold the correct and valid Passport/Visa and other required identification documents.
• You have READ and AGREE with API Travel T&C’s and the terms and conditions of the travel providers booked by API Travel.
• You are authorized by other members of the travelling party to represent them and to provide their personal details for the purpose of making travel bookings.
• You are responsible for checking the accuracy of all documents provided to you and are responsible for any costs associated with correcting any errors provided to API Travel.
• You warrant and acknowledge that you have accessed the Smartraveller website for any specific enquiries including health and customs regulations in relation to your intended destination.

Privacy Policy

To ensure the highest level of transaction security, "API Travel" operates in confo1T11ity with the National Privacy Principles in the Privacy Act 1988 (Cth) and is committed to protecting the privacy and confidentiality of personal Information. Please ensure that you view, and famlliarise yourself, with our Privacy Polley, available on our website, which describes how your personal Information Is collected, maintained and, if applicable, circulated to third parties.

Our website

"API Travel" owns and operates this website. ln using this website, you acknowledge that you have read and understood, and agree to be bound by, these terms and conditions governing use of this website. If you do not accept these terms and conditions, you must refrain from using this website.

These terms and conditions must be read in conjunction with any other applicable terms of trade and schedule of fees governing any goods and services provided by us.

Disclaimer

We do not warrant or represent that the Information In this site, the server that makes this site available or any of the products or services supplied through this web site are or will be free from errors, viruses, defects, omissions, or Is suitable for your Intended use, nor does It guarantee the accuracy or completeness of the information, Subject to any terms implied by law, which cannot be excluded, we accept no responsibility for any loss, damage, cost or expense (whether direct or indirect) incurred by you as a result of any error, omission or misrepresentation in any information In this website. To the maximum extent permitted by law, we disclaim all Implied representations and warranties, Including, without limitation, implied warranties that the products and services offered and supplied through this website will be of merchantable quality, fit for any purpose or will comply with any descriptions on this website.

To the maximum extent permitted by law, we (Including our officers, employees, shareholders or other representatives) are not liable in any way for any loss or damage of any kind, whether direct, indirect, special or consequential, howsoever caused (Including through negligence), arising from or In connection with your use of this website or any linked website, or your Inability to access this site or the purchase and use of any products and services supplied via this website. All travel products and services offered and promoted on this website are products and services of third parties. We are only acting as an agent for these third party service providers and as such, we will not be liable for any loss, damage, cost or expense (whether direct or Indirect) incurred by you as a result these third parties.

The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. In the event that this website falls to operate or causes you loss or damage, your sole remedy is the refund of any money that you paid to use the website.

Your obligations

You agree to use this website for lawful purposes only. You must ensure that your access to or use of the information ls not Illegal or prohibited by law. This website ls directed lo and available for Australian residents only.

You are responsible for ensuring that you have all necessary equipment to use this website and receive the information and that such equipment Is functioning correctly and is properly operated and maintained. You are responsible to ensure that no unauthorised use of or access to this website or the information entered by you is made.

You must take your own precautions lo ensure that the process which you employ for accessing or receiving the information or this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your property. For the removal of doubt, we are not liable in any way for any loss or damage of any kind, howsoever caused (including through negligence), arising from or in connection with any interference or damage to your property which arises In connection with your use of this website or any linked website.

Indemnity

You release and indemnify us and our related bodies corporates (as that term Is defined in the Corporations Act 2001 (Cth) and their respective officers, employees and agents from and against all actions, claims and demands (Including the cost of defending or selling any action, claim or demand) which may be Instituted against those persons Indemnified arising from or In connection with (a) a breach by you of these terms and conditions; (b) your unlawful or negligent act or omission; or (c) your willful misconduct.

Copyright

All copyright in the information and in this website (including text, graphics, logos, icons, sound recordings and software) Is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or except as incidental to the reasonably contemplated use of this website, you may not, In any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to the public or create derivative works from any part of the Information or this website; or (b) commercialise the Information obtained from any part of this website, without our express written permission or, In the case of third party material, from the owner of the copyright in that material.

Trademarks

Except where otheiwlse specified, all trademarks (Including any word or device to which is attached the TM or® symbol) Is a trademark or registered trademark of API Travel Pty Lid.

Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web page. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Cancellation due to Error

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will Immediately Issue a credit to your credit card account for the amount in question.

Specific Warnings

Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that Jurisdiction ls outside Australia) and if the details do not satisfy the laws of your Jurisdiction, you may not order any goods or services from this web site.

You acknowledge that despite our reasonable precautions on our part, there ls a risk of unauthorized access to or alteration of your transmissions or data or of Information contained on your computer system or on this web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use, you are authorized to print a copy of any information contained on this web site for your personal use, unless such printing Is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.

Linked Web Sites

This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked web sites should not be construed as an endorsement, approval, or recommendation by us of the owners or operators of those linked websites, or of any Information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

We may receive benefits from service providers to whom we provide linked web sites.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such Information, we do not warrant and cannot ensure the security of any Information which you transmit to us. Accordingly, any Information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmissions, we will take reasonable steps to preserve the security of such information.

Governing Law

These terms and conditions are governed by the laws in force in the State of Queensland in the Commonwealth of Australia. You agree to submit to the non-exclusive Jurisdiction of the courts of that jurisdiction.

General

"API Travel" accepts no liability for any failure on our part to comply with these terms and conditions where such failure due to circumstances beyond our reasonable control. If we waive, In whole or in part, any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any provision of these terms and conditions are held to be invalid, unenforceable, or Illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these terms and conditions in which case the remainder of these terms and conditions shall nevertheless  continue in full force.