GUEST REWARDS PROGRAM TERMS & CONDITIONS

Apartment Hotel Guest Rewards membership and its benefits are offered at the discretion of Apartment Hotel. Apartment Hotel has the right, without limitation, to change, limit, modify or cancel Program Rules, regulations, rewards, and reward levels at any time, with or without notice, even though such changes may affect the value of points or miles already accumulated, the ability to use accumulated points or miles, or the ability to obtain certain rewards. Apartment Hotel may, among other things:

increase or decrease the number of points or miles received for a stay or required for a reward;
withdraw, limit, modify, or cancel any reward;
add blackout dates, limit rooms available for reward redemption, or otherwise restrict the continued availability of rewards;
change program benefits, conditions of participation, rules for earning, redeeming, retaining, or forfeiting points or miles, or rules governing the use of rewards;
change or cancel its rewards. The accumulation of points or miles does not entitle members to any vested rights with respect to points, miles, rewards, or program benefits. In accumulating points or miles, members may not rely upon the continued availability of any reward or reward level.

Conditions of Enrollment.

*Completing the online enrollment application: An individual may apply to enroll in the Guest Reward Program by fully and accurately completing an application on the Guest Portal website. The Company may deny membership in the Guest Reward Program to any applicant in its sole discretion and without written notice.

*Individual Membership. Only individuals are eligible for Guest Reward Program membership, and each individual may maintain only one Membership Account. All Loyalty Member Accounts are individual Accounts and no joint Accounts are permitted. Guest Reward Program benefits are non-transferable unless expressly stated otherwise.

*Duplicate Accounts. An individual may join the Guest Reward Program. However, a Member may not have one or more duplicate Accounts under the Guest Reward Program at any time. If more than one Guest Rewards Program Membership is assigned to an individual for the Guest Rewards Program, he/she will only receive Points for one Membership Account. Duplicate Membership Accounts may be cancelled.

Taxes.

Points earned in the Guest Reward Program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of Points is the sole responsibility of the Member.

Conditions for Transferring Points and Miles. Accrued Points and Miles do not constitute property of the Member. Points accrued by a Guest Reward Program Member are for the Member’s benefit only and may not be transferred to another person.

Members are prohibited from bartering or selling Points for cash or other consideration. Any Points which the Guest Rewards Program deems in its sole discretion to have been transferred in violation of the Guest Rewards Program Terms and Conditions may be confiscated.

Points, Awards, and other Member benefits may be subject to income or other taxes. The Member is responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction from which the Member earned Points. The Company will not be liable for any tax liability, duty or other charges in connection with the issuance of Points, Awards, and other Member benefits.

Points Expiration Policy.

Members must remain active in the Guest Rewards Program to retain Points they accumulate. If a Member Account is inactive for twenty-four (24) consecutive months, that Member Account will forfeit all accumulated Points. Members can remain active in the Loyalty Program and retain accumulated Points by earning Points or redeeming Points, in the Guest Rewards Program at least once every twenty-four (24) months, subject to the exceptions described below. If a Member does not maintain an active status for five (5) consecutive years, the Member’s Account may be deactivated. Once Points are forfeited, the Points cannot be reinstated, but a Member can earn new Points, unless that Member’s Account has been deactivated.

Cancelling or Suspending Membership Accounts.

i. Cancelling by Member. A Member may cancel his/her membership in the Guest Rewards Program at any time by sending written notice of cancellation to Management. All unredeemed Points will be forfeited immediately and may not be reinstated or transferred.

ii. Cancelling or Suspending by the Company. The Company may cancel a Member’s accumulated Points, suspend Guest Rewards Program benefits or cancel a Member’s Account at any time with immediate effect and without written notice, for any reason and in the Company's sole discretion including, without limitation, if the Company believes the Member has:

A. Acted in a manner inconsistent with applicable laws, regulations, ordinances;

B. Failed to pay any hotel or other bill when due to the Company

C. Acted in an inappropriate, fraudulent, abusive or hostile manner;

D. Breached or violated any of these Program Rules or the Website Terms of Use;

E. Fraudulently claimed eligibility to earn benefits

F. Engaged in any misconduct or wrongdoing in connection with the Guest Rewards Program

iii. Bankruptcy. Subject to applicable law, a Member’s membership in the Guest Rewards Program will terminate automatically upon the Member filing for bankruptcy or otherwise being subject to a bankruptcy proceeding.

iv. Legal Action. Nothing contained in these Program Rules will limit the Company in the exercise of any legal or equitable rights or remedies.

Effect of Membership Cancellation.

The Guest Rewards Program, Points, Awards, and other related benefits and services are the sole property of the Company, and are not the property of Members. On cancellation of membership in the Guest Rewards Program for any reason, all unredeemed Points, Awards and other related benefits and services will be forfeited and a Member will no longer be able to participate in the Guest Rewards Program. Points, Awards and other related benefits and services have no cash value and the Company will not compensate or pay cash for any forfeited or unused Points.

If the Company cancels a Member’s Account for any reason, the Member may not reapply for membership in the Guest Rewards Program except in very limited circumstances at Company’s sole discretion, and any unauthorized Account opened in the Member’s name following cancellation, as well as Points and other related benefits and services earned in that Account will be forfeited upon discovery.

If a Member cancels his/her Account, or if a Member Account becomes inactive as described earlier, the Member may reapply for membership in the Guest Rewards Program at a later date, but no Points, Awards and other related benefits and services previously forfeited or expired will be reinstated to the Member Account

Modification of Program. Except as otherwise expressly prohibited or limited by applicable laws, the Company has the right to change, limit, modify or cancel the Guest Rewards Program Rules , with or without notice, even though such changes may affect the value of Points. The Company may, among other things: (i) increase or decrease the number of Points received for a stay (ii) withdraw, limit, modify or cancel any points; (iii) add blackout dates, limit rooms available for any points or otherwise restrict the continued availability of points; (iv) change program benefits, conditions of participation, rules for earning, redeeming, retaining or forfeiting Points, or rules governing the use of points; (v) In accumulating Points or Miles, Members may not rely upon the continued availability of any Award.

Termination of Program. The Company may terminate the Guest Rewards Program at any time. A Member may not accumulate Points or claim Guest Rewards Program benefits or amenities after the termination of the Guest Rewards Program. If the Guest Rewards Program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Award claims will be honored after the conclusion of the notice period.

Benefits Subject to Availability and Modification. All Guest Rewards Program benefits, amenities, offers and services are subject to availability and may be changed at any time without notice.

Eligibility to Receive Benefits. By accepting any Guest Rewards Program benefits, amenities, offers or services, including, without limitation, any Points, a Member acknowledges that he/she is responsible for determining whether he/she is eligible to receive, and that he/she is eligible to receive, such Guest Rewards Program benefits, amenities, offers, awards or services (including, without limitation, Points and Awards) under applicable laws and incentive policies. Each Member must immediately notify the Company if he/she is not eligible to receive any Guest Rewards Program benefits, amenities, offers, awards or services at any time.

Eligibility Notification. A Member must promptly notify the Company in the event that (i) he/she is not eligible for any reason, including, without limitation, pursuant to any applicable laws or incentive policies, to earn Points or any other benefits that a Member may earn under the Guest Rewards Program, or (ii) his/her Member Account has been credited with any Points, or any other benefit that a Member may earn under the Guest Rewards Program that he/she has not earned or is not eligible to earn.

No Sale or Transfer. Points and other Member benefits may not be sold, bartered or transferred (other than by the Company or its agents). Any attempted transfer, sale or barter will be void and will be confiscated. The Company and its partners may refuse to honor or recognize any Points or Member benefits which the Company believes may have been transferred, sold or bartered.

Earning Opportunities.

A Member will earn:

One (1) base Points for each AUD dollar, or the currency equivalent, that is incurred and paid for by the Member on Qualifying Charges

Qualifying Charges. “Qualifying Charges” are charges incurred during a stay in any apartment by a Member on his/her folio and up to two (2) additional guest apartments, including, without limitation, charges for:

Rates for accommodation, Extra-person charges, Car parking fee

Points are only awarded if the Member books via the Apartment Hotel website (www.apartmenthotel.com.au) website & logs into the Guest Portal at the time of payment.

Qualifying Stay. A “Stay" or “Qualifying Stay” means all consecutive nights a Member registers for, and personally pays and stays at Botanik Apartment Hotel, for which (i) the room is billed to the Member

A “Stay” is a stay of one or more consecutive nights regardless of check-in and check-out activity by a Member who: (A) provides his/her Membership Number at the time of reservation or at check-in; (B) pays a Qualifying Rate or applies an Award Redemption for the stay; and (C) stays in one of the reserved guest rooms. A Member may only earn Points for up to three (3) guest rooms during any Stay if he/she stays in one of the reserved guest rooms and pays a Qualifying Rate or applies an Award Redemption for all of the guest rooms.

Only one Member per guest room can earn Points, as well as receive benefits. If there is more than one Member staying in the same guest room, the Members must decide upon check-in whose Membership Number will be applied to the guest room provided it is the same Member who will be paying the bill.

Points are not awarded if the guest room was booked through a tour operator, online travel channel or other third-party channel including, without limitation, expedia.com, hotwire.com, priceline.com, orbitz.com, booking.com, travelocity.com; or if the guest room was booked at a group rate as part of an event, meeting, conference or organized tour, and the Member does not directly pay the Participating Property for such room; or if the guest room was booked at a tour operator, wholesaler, or crew room rate or package including, without limitation, organized tours or package bookings; or if the guest room was complimentary; or if a voucher or third-party award was redeemed for the guest room.

Points Redemption in General.

A Member may redeem full or partial Points to obtain various products including, without limitation, Stays in guest apartments, car parking or extra guests.

Points and Award Redemptions may not be exchanged or redeemed by a Member for cash, prizes or credit.

Unless otherwise noted, Points Redemptions are valid only for use by the Member from whose Account the Redemption was processed and are not transferable.

Points Redemptions believed to have been bartered, sold, exchanged, or issued fraudulently, or issued to someone other than the eligible Member, will be void and will not be honored.

Monitoring Membership Accounts

The Company reserves the right to monitor the Accounts of all Members, at any time and without notice, for compliance with Program Rules. The Company may review all Members’ Points, Qualifying Stays, and transaction history including, without limitation, requests for Loyalty Program Awards, Awards and other benefits.

Correction of Benefits

At any time and in the Company’s sole discretion (including, without limitation, where a Member was not eligible to earn a specific benefit pursuant to these Program Rules), the Company may correct (i) the amount of Points or the number of Qualifying Nights credited to a Member’s Account, and (ii) any other benefit that has been credited to a Member’s Account

No Warranties or Representations, Express or Implied

The Company makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Loyalty Program or by Participating Properties.

Not Responsible for Acts, Errors, or Omissions

The Company is not responsible for: (a) any loss or misdirection of, or delay in receiving, any Member application, correspondence, redemption requests, Awards or Member benefits; (b) theft or unauthorized redemption of Points or Awards or use of an Award; (c) any acts or omissions of third parties; or (d) any errors published in relation to the Guest Reward Program, including, without limitation, any pricing or typographical errors, errors of description and errors in the crediting or debiting of Points from Member Accounts. The Company reserves the right to correct, without notice, any errors.

Interpretation of Loyalty Program Rules

All interpretations of these Guest Reward Program Rules regarding membership are at the Company’s sole discretion, and the Company’s decisions will be final. In the event of any discrepancy between the English version and any translated version of these Program Rules, the English language version will govern.

Waiver

The Company’s waiver of any breach of these Guest Reward Program Rules by any Member will not constitute a waiver of any other prior or subsequent breach of these Program Rules. The Company’s failure to insist upon strict compliance with these Guest Reward Program Rules by any Member will not be deemed a waiver of any rights or remedies the Company may have against that or any other Member. The Company may waive compliance with these Program Rules in its sole discretion

Limitation of Liability

IN NO EVENT WILL APARTMENT HOTEL PTY LTD, BOTANIK APARTMENTS PTY LTD, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE GUEST REWARD PROGRAM, THESE PROGRAM RULES, OR THE COMPANY’S OPERATION OF THE GUEST REWARD PROGRAM.

Choice of Law and Venue

Any disputes arising out of or related to the Guest Reward Program or these Program Rules will be handled individually without any class action, and will be governed by, construed and enforced in accordance with the laws of the New South Wales, Australia, without regard to its conflicts of law rules. The exclusive jurisdiction for any claim or action arising out of or relating to the Guest Rewards Program or the Program Rules may be filed only in the state or federal courts located in the State of New South Wales, Australia.

Subject to Law

Membership in the Guest Reward Program and the earning and redeeming of Points are subject to all applicable local laws and regulations. Membership in the Guest Reward Program, Member benefits, and Awards are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in Australia or Member’s jurisdiction of residence. If any part of these Guest Reward Program Rules is held to be unlawful or unenforceable, that part will be deemed deleted from these Program Rules in such jurisdiction and the remaining provisions will remain in force

Entire Agreement

The Guest Reward Program Rules, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between the Company and Members relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Guest Reward Program website.