OWNER TERMS AND CONDITIONS 


1. Introduction


(1) The www.stayz.com.au website, and any mobile application for the website (the “Site”) is owned and operated by Stayz Pty Ltd, Level 18, 100 William Street, Woolloomooloo NSW 2011 (Stayz”, “we” , “us” or “our”).  Stayz is a subsidiary of Expedia Inc. in the United States and part of the “HomeAway Group” of companies within the Expedia group. You can find out more about the HomeAway Group and how we share data in the Site’s Privacy Policy.

 

(2) These terms and conditions (the “Owner Ts&Cs”) together with any other terms and conditions referred to within the Owner Ts&Cs (including the Privacy Policy), together forming (this “Agreement”) govern the relationship between Stayz and any party who accesses or uses the Site to offer or advertise any property for rent, including property owners, lessees and property managers, (collectively “Owners” or “you”).

 

(3)This Agreement constitutes a legally binding agreement between Stayz and the Owner. By using or accessing the Site or Stayz’s platforms or systems in the capacity of an Owner, you acknowledge that you agree to and are subject to this Agreement, including our Privacy Policy. If you do not fully agree to the terms of this Agreement, you are not authorised to access or otherwise use the Site.

 

(4) If the Owner is a company, partnership or other entity, the person who uses the Site or agrees to the terms of this Agreement, on behalf of that Owner, represents that they have the authority to bind the entity to the terms of this Agreement.

 

(5) Stayz does not authorise anyone to register with the Site unless they are able to enter into legally binding contracts.

 

(6) Stayz may revise these Owner Ts&Cs at any time by posting an updated version to the Site. You should visit the Site periodically to view the most current Owner Ts&Cs because they are binding on you.

 

(7) Owners who violate the terms of this Agreement may have their access and use of the Site suspended and their Listings removed from the Site, at Stayz’s discretion.

 


2. The Site is a Venue only


(1) This Site is a venue which allows Owners to advertise one or more entire holiday rental houses or apartments (each a “Property”) for short term lets of less than 60 days to potential Travellers (each, a “Traveller” and, collectively with an Owner the users). Owners may not advertise rooms or parts of properties on the Site. We may also offer online booking or other tools or services to allow Owners and Travellers to communicate with each other and to enter into rental agreements or other transactions.

 

(2) The Site provides a venue for users to interact, and Stayz does not act as your agent in relation to properties, products or services that you advertise on the Site. Stayz is not a party to any rental or other contractual relationship between you and a Traveller or any other third party, even if the Site facilitates booking and/or paying for a Property or the use of other tools, services or products. Stayz does not mediate between the Traveller and the Owner in the event of any dispute arising between them. You enter into any transaction with a third party entirely at your own risk.

 

 

3. Purchasing a Listing


Owners can agree with Stayz to place on the Site a paid-for advertisement for a specific Property (each, a “Listing”). Owners renewing a subscription or listing for the first time can advertise a Property on the Site on a pay-per-booking basis.

 

3.1    Pay-per-booking


(1) Owners may list their Properties under a pay-per-booking model. This means owners can advertise each Listing without any upfront fee and will be charged a commission calculated as a percentage of the rental amount paid by a Traveller on every booking sourced through the Site (“the Commission”). Stayz reserves the right to change the applicable Commission, with any changes to be notified to the Owner no less than 14 days before the new Commission is applied. The new Commission rate will be deemed accepted if the Owner does not remove their Listing by the time the new Commission is applied.


(2) The calculation of the Commission will include amounts charged for GST, but shall not be assessed on any refundable damage deposit, or any other product or service purchased by the Traveller and charged by Stayz, such as insurance products. It is the Owner's duty to accurately breakdown the different amounts charged to the Traveller.


(3) Payment to Stayz of the applicable Commission by the Owner will be either through the Stayz online payment system (“online payments”) (see clause 5.1) or through the Items List (see clause 5.2).

 

(4) Listings published on a pay-per-booking basis will be displayed on the Site until they are removed by the Owner or Stayz. Stayz reserves the right to remove or refuse to publish any Listing at any time in its sole discretion. Owner can also suspend or remove their Listings at any time, through the Stayz Owner Admin or by contacting customer service.

 

3.2    Annual Subscription

 

(1) Annual subscription Listings may only by purchased by an Owner by agreement with Stayz. Listing fees paid for an annual subscription are non-transferrable and non-refundable in the event that the Owner terminates the Agreement or wishes to remove a Listing before the end of the subscription term.

 

(2) Stayz will list annual subscription Listings for the term agreed between Stayz and the Owner.

 

(3) Stayz may grant special terms to Owners who have Listings offering more than 10 Properties (known as “Property Managers”). These terms can be applied for by contacting Stayz through our Property Manager Information page. Listings of Property Managers are marked with a special icon on the site’s Property search results.

 

(4) Stayz may grant special terms to Owners who use the ‘YesBookit’ channel manager software (“YBI Customers”). For further details relating to YesBookit see http://agents.yesbookit.com/.

 

(5) Payments to Stayz for subscription fees can be made by Bpay, credit card payment or any other method authorised in advance by Stayz. All banking and other fees relating to a payment shall be borne by the Owner.

 

3.3     Changing your Listing type

 

If you change your Listing type (including by renewing your subscription and moving to a different subscription type or by moving from a subscription to a pay-per-booking model), any Commission you will be charged will depend on the payment method for the booking. For bookings with offline payments, where you pay Commission through the items list, any Commission for a booking that relates to an enquiry made before the change of subscription type in accordance with the subscription type in place at the time the enquiry was made, even if the Commission is payable after the change of subscription type takes effect. For example, if you receive an enquiry on 1st June and then switch to a new subscription type on 1st July, and the enquiry results in a booking which takes place on 1st August; you will be charged Commission with respect to this booking on the subscription type you had on 1st June. For payments made through online payments, the Commission paid will be calculated when the payment is initiated (either by the Owner accepting a booking using online booking or sending a payment request to a Traveller), according to the Listing type you have at that time, even if the booking relates to an earlier enquiry.

 

3.4    General terms of listing

 

(1) The Owner commits to provide only accurate and up to date information in each Listing (including the description, availability, rates and cancellation policy), and shall not impose different conditions on the Traveller than those set out in the Listing.

 

(2) Stayz reserves the right to decline to place, amend, or remove, any Listing that appears, in Stayz’s discretion, to infringe, be capable of infringing, or be associated with the infringement of, any provision of this Agreement, any applicable law or regulation or the intellectual property rights of Stayz or a third party. We may also amend your Listing to improve the quality of your Listing.

 

(3) Listings may be displayed on other sites of affiliates of Stayz (including affiliates in other countries) (collectively, “Stayz Affiliates”), and on the sites of companies with which Stayz may have signed distribution agreements, to the extent that such sites enable online payments and at Stayz’ sole discretion. Stayz may add or remove such distribution at any time, and gives no guarantee of publication other than on the Site where Owner originally registered its Listing.

 

3.5    Sort order

 

(1) The results of searches for Listings depend on Stayz’s algorithms and may vary from time to time. As a result, Owners may notice ongoing fluctuations in their Listing’s position in search results.

 

(2) Stayz provides no guarantee on any position within search results, but the position of a Listing may be improved by the Owner through quality criteria, for example the conversion of enquiries to bookings, the number and quality of pictures, the use of quotable rates and having high quality descriptions and up to date booking calendars.

 

(3) If you have a tiered annual subscription (for example a Classic, Bronze, Silver, Gold or Platinum subscription) and you bought it before 4 November 2015, the subscription type you have influences the positioning of your Listing in search results. If you bought your subscription on or after 4 November 2015, the subscription type you have may not influence the positioning of your Listing in search results.

 

 

4. Using the service


(1) Upon registration, an Owner is given a user profile in which the data the Owner contributes is recorded and in which all the Property rentals offered by that Owner are specified (“Owner Admin”).

 

(2) Owner Admin provides various functions which are intended to assist Owners to manage their Properties through the Site, including a dashboard. These functions, and Owner Admin, are made available on an as-is basis, and Stayz does not undertake that the dashboard or its functions will be complete or error-free.

 

(3) Owners may also chose to sign up for, or may be opted into the “online booking” service which provides the ability for Travellers to make online booking reservations for a Property, with payments for bookings made through online payments. Use of the online booking service is further explained, and subject to the additional terms set out, in the relevant section of the Site.

 

(4) Through Owner Admin, the Owner has access to Traveller’s reviews for the Owner’s Properties.

 

(5) Travellers may post their own reviews of Owners’ Properties (“Traveller Reviews”) on the Site. The Owner is given the opportunity to view Traveller Reviews, and to respond to them (an “Owner Response”). Some more detail about Traveller Reviews and Owner Responses is available here. Please note that Stayz does not, and does not realistically have the ability to, verify the accuracy or otherwise of Traveller Reviews. The Owner’s sole remedy, and Stayz’s sole obligation, in the event that an Owner disputes any aspect of a Traveller Review is to permit the Owner to post an Owner Response to it.

 

(6) Stayz requires all Traveller Reviews, Owner Responses and other communications to conform to the Content Guidelines, and may decline to post any of them that Stayz finds does not do so. In the event that any Traveller Review or Owner Response appears on the site but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, Stayz shall be entitled immediately to remove from the site the relevant non-conforming Traveller Review or Owner Response.

 

(7) Enquiries sent using the Stayz system are available for review by the Traveller who originally sent them and to a limited number of HomeAway Group customer service employees, who may be asked by Travellers or others for their past enquiry information. HomeAway Group also monitors messages from time to time which are sent using Stayz’s platform or systems. Stayz may, from time to time, use third party e-mail servers to send and track receipt of emails, and analyse the pattern of emails sent using third party tracking systems. Stayz’s system does not hold messages indefinitely and they may not be accessible after the message has been delivered. Any email addresses, phone numbers, social media account information or other contact details included within messages monitored by Stayz or using Stayz’s platforms or systems may be removed by us. Stayz has no responsibility for, or involvement in, the communications between Owners and Travellers. Owners should print a copy of any message which is important – for example a payment receipt or a booking confirmation.

 

 

5. Payments

 

5.1 Online payments

 

(1) If you are using online payments, the total transaction value for a booking is split into two portions — the non-refundable deposit and the remaining balance. The Traveller may pay both portions (the full amount) up-front or pay the deposit initially and subsequently pay the remaining balance. Where the stay commences in less than 4 weeks from the time of booking, the full amount must be paid by the Traveller up-front.

 

(2) Payments received from Travellers through online payments will be held by Stayz on your behalf in a dedicated customer bank account until such time as the funds are remitted to you, refunded to the Traveller (if they are entitled to a refund) or transferred to Stayz in payment of the Commission and other charges.

  

(3) Following receipt of the deposit payment or full payment up-front for a booking, Stayz will deduct any applicable Commission and other charges from the deposit portion of the total transaction value and the remainder of the deposit portion will be remitted to you by electronic transfer to your nominated bank account. Deposit remittances will be processed in normal circumstances within 3 business days after Stayz receives the payment from the Traveller. The remaining balance of the total transaction value for the booking will be remitted to you within 3 business days after the stay has commenced.

 

(4) If you are required to charge GST on bookings for your Property, you must be a resident of Australia for taxation purposes in order to use online payments and by using online payments you warrant and represent that you are a resident of Australia for taxation purposes. If you are not a resident of Australia for taxation purposes, you must not use online payments.

 

(5) Interest earned on any amounts while held in the Stayz customer bank account will be retained by Stayz. No interest will be payable by Stayz to you or the Traveller on amounts held by Stayz.

 

(6) If Stayz's payment processing bank determines that an online payment credit card or other payment method transaction is invalid, we will notify you that the booking is no longer confirmed, charge back the transaction amount along with any applicable fees (collectively the “Reversed Amount”) to you and cancel the tax invoice. You must contact the Traveller to make alternative payment arrangements if a payment transaction is deemed invalid. If we have already remitted the Reversed Amount to you, you must pay the Reversed Amount back to Stayz within 14 days. If a Reversed Amount is outstanding, we will deduct it from funds subsequently remitted to you.


 

5.2     Commission payments paid via the Items List

 

(1) Where available, if an Owner arranges payments with a Traveller directly via any method other than online payments, the Owner agrees to pay the applicable Commission to Stayz on the basis of an Items List prepared and submitted to Stayz. The Commission fee is payable for each confirmed booking. A booking is considered "confirmed" if:

 

(a) the booking resulted from a booking enquiry through, or referral from, the Site; and
 

(b) the Traveller(s) actually stayed at the property (regardless of whether the Owner received payment or not) and, if so, the relevant booking period will be the entire period that the Traveller(s) stayed at the property.

 

(2)  At the end of each calendar month, and otherwise at Stayz’s request, the Owner agrees to complete and submit an Items List (in the form prescribed by Stayz) that confirms all bookings details for that calendar month for properties listed by the Owner on the Site (other than bookings made using the online payments, a third party booking system or Yesbookit).

 

(3)  Stayz reserves the right to audit the enquiries made through the Site(s) and, on reasonable notice to Owner, to audit the Owner’s accounts and records relating to Traveller bookings in order to verify the information provided in any Items List. The Owner agrees to grant Stayz’s auditor such access and assistance as is reasonably necessary in order to carry out the audit.

 

(4)  If Stayz has a reasonable suspicion that an Owner is in breach of this clause, and the Owner does not rectify that breach within 30 days after receiving notice from Stayz, then Stayz may remove the Owner’s Listings from the Site(s) (on a temporary or permanent basis) and may terminate this Agreement. Grounds for reasonable suspicion include, by way of example, that the conversion of Traveller enquiries made to the Listing to confirmed bookings is significantly lower than the relevant average conversion rate on the Site during the previous 6 months.

 

(5)  Without limiting Stayz’s other rights, if an Owner fails to provide the Items List within 30 days, Stayz may remove the Owner’s Listings from the Site (on a temporary or permanent basis) and may terminate this Agreement.

 

5.3 Payments by YBI Customers

 

Stayz charges Travellers a fee for bookings made on YBI Customers’ Listings (“YBI Properties”), calculated as a percentage of the total value of the booking and as further set out the agreement between Stayz and the YBI Customer (“Stayz YBI Fee”). We may add this fee to the price displayed on the Site for YBI Properties. The total booking amount including the Stayz YBI Fee is collected by the YBI Customer, through the YesBookit software. We invoice YBI Customers in arrears for the Stayz YBI Fees.

 


6. Listings and Services

 

(1) In a standard Listing, one Property rental is displayed. An Owner may use a standard Listing to advertise more than one Property (a “Multi-unit Listing”) only if each of the Properties:

 

•    have the same street address (other than a unit number);

•    have the same number of bedrooms;

•    are priced identically;

•    are furnished identically; and

•    otherwise have the same or substantially similar features so that a Traveller would consider them interchangeable and substitutable.

 

(2) A cut-down version of the Listing is shown on the Site as a search snippet, in the form of a preview with a picture of the Property, linked to the full-page Listing.

 

(3) In addition, a search summary snippet (either with or without a picture of the Property) and linked to the full-page Listing (with or without machine-translated text) may appear on the websites of Stayz Affiliates. The availability of search snippets, and the inclusion of Property photos in them, on such Stayz Affiliates’ websites is dependent on the availability of the relevant functionality on those websites. The Owner acknowledges that these search summary snippets may appear very low in the search hierarchy of the relevant websites. 

 

(4) Property search snippets are searched and displayed based on Stayz’s sort algorithm. Travellers can also sort snippets in search results using the sort options provided on the Site.


(5) Stayz offers the possibility to link Listings to Google Maps. In order to do so, the Owner must confirm that the address indicated for the relevant Listing is correct on Owner Admin, and must separately agree to Google’s relevant terms and conditions. The Owner accepts that Google Maps is provided under Google’s terms and conditions and Stayz will not be responsible for the functioning, accuracy or otherwise of Google Maps. The Owner acknowledges and accepts that the Google Maps service is not error free and the Owner will ensure that the correct location of the Property is shown by Google Maps when using this service.

 

(6) Stayz also uses Google Analytics to gather statistics on site usage. There are more details in the Privacy Policy and in Google’s own privacy policy. Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube. Owner accepts that Stayz Group has no control over Google’s data collection.

 

(7) We may offer Owners an SMS service, providing SMS messages in relation to bookings. The Owner understands and accepts that the SMS service is not 100% reliable and may be subject to connectivity, blocking or other issues outside Stayz’s control. Additionally, the use of SMS messages, particularly when travelling, may result in additional costs for Owners from telecoms and network providers which the Owner agrees to accept when signing up for the SMS service. The Owner understands and accepts that SMS messages may be monitored and disclosed in accordance with the Privacy Policy. The provision and use of the SMS service is also subject to any additional SMS terms and conditions provided on the Site.

 

 

7. Additional Paid Services

 

Stayz makes available, and may from time to time add to or remove, additional paid for services to Owners (“Additional Paid Services”). More information about Additional Paid Services can be found on the Site. Each Additional Paid Service may be subject to additional terms and conditions which will be available to the Owner at the time when the Owner agrees to take the relevant Additional Paid Service. 

 

 

8. Refundable Damage Deposit

 

(1) If you are registered for online payments, you can select the option to charge Travellers a refundable damage deposit (“RDD”) through online payments. To select this option, Owners must enter, through Owner Admin, the terms and conditions under which the RDD will be collected and refunded to Travellers (the “RDD Terms”). The Owner must also select a due date (when the RDD is paid by the Traveller) and the refund date (when the RDD is automatically refunded to the Traveller). The Traveller must click to agree to the RDD Terms when making the booking. 

 

(2) The following conditions apply to RDDs collected through online payments: 

 

•    The RDD cannot be greater than the Booking Value. 
•    The due date for RDD cannot be later than 48 hours before the check in date. 
•    The refund date for the RDD must be a minimum of 48 hours after the checkout date, and a maximum of 7 days after check out.  
•    The collection and refund of the RDD must be in accordance with the RDD Terms provided and agreed to by the Traveller.

 

(3) Refund of RDD:

 

•    The RDD will be automatically refunded to the Traveller on the refund date selected by the Owner. 

•    If, following an inspection of the Property the Owner needs to withhold all or a portion of the RDD in accordance with the RDD Terms, the Owner must log into Owner Admin prior to the refund date, and provide the amount to be withheld (the “Retained Amount”) and the reasons why.  

•    We will then automatically refund the remaining balance of the RDD to the Traveller, and remit the Retained Amount to the Owner. 

 

(4) All payments of a Retained Amount (whether partial or in full) to the Owner will be subject to a 1.5% merchant fee, which will be charged to the Owner. The Owner is only entitled to process a Retained Amount once with respect to a RDD.  

 

(5) The Owner agrees and acknowledges that Stayz is not a party to the contractual relationship between the owner and the Traveller, and that the collection of the RDD and any Retained Amount is subject to the RDD Terms as agreed between the Owner and the Traveller. All disputes with respect to the RDD must be handled between the Traveller and the Owner, and Stayz will not mediate between Traveller and Owner.   .   

 

 

9. Traveller booking changes, cancellations and refunds


(1)  Terms and conditions for booking changes, cancellations and refunds may be specific to each Property that you list. The terms must be set out on the payment page if you are using online payments or otherwise must be provided by you to Traveller before payment is made.

 

(2)  If online payments was used for a booking and the Traveller is entitled to a refund under your terms and conditions for that Property, the refund must be made through the system to the same credit card that the Traveller used to pay for the booking. For bookings that were not paid for using online payments, you must make arrangements for any refund to which the Traveller is entitled directly with the Traveller.

 

(3)  Stayz reserves the right to charge you an amendment and/or cancellation fee as required to recover any bank or credit card fees or other related costs associated with the amendment or cancellation.

 

(4)  If the Traveller does not pay the remaining balance by the due date and it remains overdue for more than one week, you may deem the booking to have been cancelled by the Traveller and retain the non-refundable deposit.

 

(5) Stayz may charge and retain a fee from Travellers (including a credit card or merchant fee) as part of any payment made for a booking via online payments.

 

 

10. Third party booking systems and data feeds 


If you list properties on the Site through a third party system, you confirm that you have given your consent for the operator of that system to provide Stayz with:

 

a.    accurate pricing, availability and other information for the property in the format specified by Stayz; and

b.    information on your bookings sufficient to enable Stayz to invoice you directly until all bookings that originated on the Site have been invoiced.

 

 

11. Termination of contract 


(1) If Stayz determines, or an allegation is made, that:


a.    Listings or other content associated with an Owner contain any material that infringes the Content Guidelines, the law, applicable regulations or the rights of any person or entity;


b.    an Owner has submitted unsuitable material to, or misused, the site;


c.    an Owner’s Listing or rental practices are unacceptable or unfair (for example, and without limitation, if an Owner double-books a Property for two or more Travellers on the same date, or engages in any practice that would be considered unfair or improper within the holiday rental industry);


d.    the Owner is in material breach of this Agreement (which shall include, for the avoidance of doubt, any breach of clause 14 ‘Rights and obligations of Owner’ or clause 16 ‘Prohibitions’ of the Owner Ts&Cs) any other obligations owed to Stayz, any Stayz Affiliate or a Traveller;


e.    an Owner has been is abusive or offensive to any employee or representative of Stayz;


f.    an Owner used a false identity;


g.    an Owner has otherwise misused Stayz’s systems or communications platforms; or


h.    anything similar to the foregoing has occurred in relation to any of Stayz Affiliates,

 

then Stayz shall be entitled to, at its sole discretion, (i) suspend, (ii) amend, (iii) down-tier, or (iv) terminate either (a) any affected Listings, or (b) all Listings associated with that Owner (including, for the avoidance of doubt, any Additional Paid Services relating to those Listings), immediately and without refund of Listing Fees or any other fees or charges paid by the Owner.  

 

(2) Stayz assumes no duty to investigate complaints.

 

 

12. Rights and obligations of Stayz


(1) Stayz may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability.

 

(2) Stayz shall use commercially reasonable efforts to ensure that Property depictions on the site are as true and accurate a representation as practicable of the photographs of their Properties that Owners have submitted to Stayz. However, Owners acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.

 

(3) Stayz may occasionally undertake upgrades of the Site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the Site. Stayz will, where possible, aim to ensure that maintenance of the Site that causes any such restriction is undertaken at a time when most Travellers’ usage is least affected.

 

(4) Stayz may conduct identity checks and ask for proof to establish the existence and ownership of a Property and the identification of an Owner. The Owner agrees promptly (and in any event within any period requested by Stayz) to supply to Stayz such proof of identity or of a Property’s existence or ownership as Stayz requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these Owner Ts&Cs.

 

(5) Stayz complies with its Privacy Policy. The Owner authorises Stayz to forward the Owner’s contact details, including telephone number, to Travellers in connection with a Property booking. The Privacy Policy provides further details. Stayz may where necessary (including to prevent fraudulent behaviour of a third party) give an Owner's phone number to a Traveller. The Owner accepts that it has read the Site’s Privacy Policy and consents to the processing of data as outlined in those policies.

 

 

13. Intellectual Property


(1) All content that appears on this site, and the Site itself, is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.

 

(2) Owners are permitted to download, display or print individual pages of the Site to evidence their agreement with Stayz. The relevant file or the relevant printout must clearly bear the text “© Copyright 2001 – Present Stayz Pty Ltd - All Rights Reserved”.

 

 

14. Rights and obligations of Owner


(1) The Owner must submit accurate data about their personal identity and payment details and warrants that it has the authority to advertise the Properties in the Listing.  


(2) The Owner undertakes to ensure that the calendar for each Listing is kept accurate and up-to-date to reflect the availability of the relevant Property as it is booked. On date-based searches, Listings with calendars which are 60 days or more out of date will be filtered out of results.


(3) The Owner warrants that all of the information they provide to Stayz is accurate and up-to-date, including, but not limited to any and all representations about any Property, its amenities, location, price, and its availability for a specific date or range of dates.


(4) The Owner agrees to comply at all times with the Holiday and Short Term Rental Code of Conduct which can be found at http://travel.stayz.com.au/info/terms-and-conditions/holiday-rental-code-of-conduct

 

(5) The Owner must not include in any Listings or communications with a Traveller any links or references to any other websites, or anything directing traffic away from the Stayz platform, the Site or the Property that is the subject of a Listing, unless agreed with Stayz in advance.


(6) It is the responsibility of the Owner to include a breakdown of the price of the stay, taxes that may be applicable and amount, so that the Traveller has access to such information clearly and simply.


(7) If the Owner offers a translation the Owner must ensure that its content is accurate and that it faithfully reflects the text in the original language. We may also translate your Listing for display on Stayz Affiliates’ sites.


(8) Owners are required to keep their account login details secret and not to pass them on to third parties or use them to provide shared access for example over a network. Owners should use a password which is unique to their use the Site – they must not use the same password as is used for another site or email account. Stayz will never ask Owners to disclose this data. If Owners are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify Stayz of the situation through the Contact Us portal on the Site. Should any Owners notice that their account is being used by an unauthorised third party, they should immediately report the matter to HomeAway through the Contact Us portal and change their password.


(9) The Owner must check the Listing before submitting it to Stayz to ensure that it does not violate any applicable laws or regulations. The Owner is solely and exclusively responsible for the consequences of non-compliance with any law applicable with respect to the content of the Listing. Stayz hereby disclaims any liability for the verification of compliance with any laws applicable in advertisements published by an Owner.

 

(10) The Owner is solely responsible for billing, accounting and settlement to the competent authorities for any tax, fee or fees (including GST, where applicable) on income received. All fees we charge to Owners include GST unless otherwise stated.


(11) The Owner must have in place home, contents and public liability insurance as appropriate for their Property and their rental business.


(12) Photographs included in a Listing should depict the Property as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. If Stayz provides photography services to an Owner, the Owner agrees and acknowledges that it is solely responsible for reviewing and confirming the accuracy of any photographs included in a listing  and obtaining any consents required. 


(13) We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Stayz’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.

 

(14) No Listing may be transferred to another party. In the event of a property sale or change in property management, Stayz will provide guidance on options for creating a new Listing.

 

(15) Stayz reserves the right to transfer this Agreement, and to assign or subcontract any or all of its rights and obligations under this Agreement, to a third party but will not do so in such a way as to reduce any guarantees given to the Owner under this Agreement. 


(16) If any Listing is in breach of this Agreement, Stayz reserves the right to suspend, down-tier or terminate the relevant Listing or all Listings associated with the Owner in accordance with clause 11 of this Agreement.

 

 

15. Proprietary rights of the content


(1) Where an Owner submits to or transmits through the site or Stayz’s platform or systems any content of any type, including text or images, the Owner undertakes that it has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or owners of featured items (’property release’).

 

(2) To the extent that Owners’ Listings and other submissions may contain trademarks, Owners warrant that they have the right to use them, including sublicensing rights.

 

(3) By submitting any form of content to the Site (including photographs), the Owner authorises Stayz and each of its Stayz Affiliates to reproduce in whole or in part, display and disseminate the content in connection with the performance of this Agreement and in the promotion of the Site. Stayz may also provide such content to its affiliates and third party service providers for the same purpose.

 

 

16. Prohibitions


(1) The Owner shall not directly or indirectly:


a.    With respect to the Site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
b.    Monitor content on the site or communications with Travellers by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing holiday property rental services or other services that compete with the Site or Stayz) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with Stayz’s robots.txt file;
c.    Use the Site or Stayz’s platform or systems for purposes other than those referred to in these Owner Ts&Cs;
d.    Use the Site or the tools and services on the Site for the purpose of booking or soliciting a rental for a property other than a Property under a valid Listing;
e.    reproduce any portion of the Site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
f.    Upload or send to the Site any content or programs, which on account of their size or nature, might damage Stayz’s computers or networks;
g.    Include content on the Site or Stayz’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
h.    Use or access the Site or Stayz’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, "virus" includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);
i.    Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered "phishing" (whether primary, secondary or other) or that would give rise to criminal or civil liability;
j.    Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
k.    Refer to Stayz or any Stayz Affiliate in any way that might lead someone to believe that the Owner, any Property, Listing or website is sponsored by, affiliated with, or endorsed by Stayz or any Stayz Affiliate; or
l.     Take any actions that may have a negative impact on a Listing of another Owner (including making a bogus booking request); or
m.    Substitute a Property in a Listing for another Property without the prior consent of Stayz. Prohibited substitution activities include:

 

  • Listing multiple properties: use of one Listing to promote more than one property, other than as permitted in this Agreement;
  • Substitution: changing the Property which is displayed in a Listing as that Property becomes booked; and
  • Leeching: offering a Traveller who enquires through the Site a different Property than the one which is displayed in the relevant Listing or otherwise directing a Traveller to book the same or another property off the Site.

 

(2) In the event of any breach of this clause by an Owner, including a failure to pay any fees when due, Stayz reserves the right to suspend, amend, down-tier or terminate the relevant Listing or all Listings associated with the Owner in accordance with clause 11 of these Owner Ts&Cs.

 

 

17. Right of blocking, suspension or withdrawal of listings


If the Owner is in breach of this Agreement, or is late in paying the subscription fee or any other charges, or if a third party requests the removal of a Listing on the basis of an alleged violation of trademarks, copyrights, or legislation relating to the protection of privacy and / or personal data, or for any other valid reason and that the Owner cannot prove to Stayz that it has the right to publish this content (including images and / or photographs), Stayz has the right to amend, block or delete a Listing, temporarily or permanently, without any notice to the Owner and without prejudice to any other legal measure.

 

 

18. Links to Third Party Sites


This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us 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 or resources and your use of such sites and resources will not be governed by these Terms.  

 

 

19. Responsibility of owner


The Owner will be held solely and exclusively responsible for all the financial consequences resulting from damage to Stayz due to content or any program transmitted or sent by the Owner that results in any damage to the hardware of Stayz, including damaging the system or data or by causing the failure of such system or faults therein. The financial consequences mentioned above include reasonable legal fees.

 

 

20. Indemnification 

 

Owner agrees to defend, indemnify and hold harmless Stayz and each Stayz Affiliate, and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties brought against Stayz or any Stayz Affiliate alleging or arising out of or in connection from:

 

(a) any content or material the Owner submits or provides for inclusion on the Site;

(b) any use by the Owner of the Site;

(c) your dealings with any Travellers or prospective Travellers; and

(d) any breach of this Agreement on the part of the Owner.

 

 

21. Limitation of Liability of Stayz


(1) In the event of a breach by Stayz of this Agreement, its total liability will be limited to the amount paid by the Owner to Stayz in connection with the publication of the Listing on the Site. 


(2) Stayz accepts no liability whatsoever relating to the content of your Listing on the Site, your Property or your dealings with any Travellers or prospective Travellers.  Without limiting the foregoing, Stayz will not be liable for any loss or damage caused by or attributed to any person(s) that visits or stays at your Property in response to an advertisement place on the Site. 


(3) To the extent permitted by law, we exclude all conditions and warranties relating to the Site. In particular, we do not make any representations or warranties that the Site will be uninterrupted or error free. Nor do we make any representation or warranty about the success of the Site or likely success of advertising your Property on the Site. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, it will be limited, at our option, to the re-supply, repair or replacement of the goods or services or the payment of the cost of having them re-supplied, repaired or replaced.


(4) In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, goodwill, data or opportunity) arising out of, based on, or resulting from the Site, your use of the Site and/or any transaction between users, even if Stayz has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the Site or Stayz’s platform or systems, or you do not agree with any part of this Agreement, then your sole and exclusive remedy against Stayz is to discontinue using the Site. In all events, our liability, and the liability of Expedia group, to you or any third party in any circumstance arising out of or in connection with the Site is limited to the greater of (a) the amount of fees you pay to us in the six months prior to the action giving rise to liability, and (b) $100.00 in the aggregate. 


(5) Nothing in this Agreement shall exclude or restrict Stayz liability for death or personal injury resulting from its negligence; for Stayz’s fraud or fraudulent misrepresentation; or any other liability of Stayz's that cannot be excluded at law.

 

 

22. Contacting us


(1) Any messages should be sent to Stayz at:  Stayz Pty Ltd, Level 18, 100 William Street, Woolloomooloo NSW 2011, or by using the contact form. 


(2) Notices regarding infringements of copyright must specify the following: 


a. your address, telephone number and email;
b. detailed information about the content concerned (display of the image or text), including a link to the Site; and
c. a formal declaration showing that you: (i) are the holder of the exclusive user right to the work; and (ii) have not authorised the use of the relevant material in this form. 

 

 

23. Applicable law 


This agreement is governed by the laws in force in New South Wales, and you submit to the exclusive jurisdiction of the courts in that State.

 

 

24. Other provisions

 

This Agreement comprises the entire agreement between you and us and supersedes all prior understandings, agreements or representations. You may not assign this Agreement without our prior written consent. No delay or waiver by us in enforcing any provision of this agreement will be deemed a waiver of our rights. If a term of this Agreement is or becomes invalid or unenforceable, the validity and enforceability of the remainder of this Agreement will not be affected.