The Stayz website is owned and operated by Stayz Pty Limited (ABN 41 102 711 599) (‘Stayz’), a subsidiary of Fairfax Media Limited, and forms part of the Fairfax network of sites.
1) Agreement between you and Stayz
1.1) By listing properties on www.stayz.com.au and its associated websites (the ‘Site’) on a booking fee basis, you agree to be bound to the terms and conditions set out below. In addition to the terms and conditions in this agreement, all advertisements on the Site are subject to the Fairfax Media standard terms and conditions of advertising, as amended from time to time, available at http://www.adcentre.com.au/terms-conditions.aspx, and any other applicable legal notices displayed on the Site from time to time.
1.2) We do not act as your agent in relation to properties, products or services that you advertise on the Site and are not involved in the actual transaction between you and any third party, unless you are registered to use the Stayz Online Payment System and you utilise the system for that transaction. You enter into any transaction with a third party entirely at your own risk.
2) Your use of the Site
2.1) You agree that:
a. properties may only be listed once on the Site;
b. you have the authority to advertise the properties that you list and will supply Stayz with the required verification documentation;
c. you will comply with all applicable laws and codes in relation to this agreement and the properties that you list;
d. you will remove property listings from the Site if reasonably requested to do so by Stayz;
e. all information you make available in relation to your property will at all times be up-to-date and accurate, appropriate to your property listing and not misleading or deceptive in any way; and
f. you will not include in your listings links to any other websites.
2.3) You may remove your property listing from the Site at any time.
2.4) If you are registered for GST, you must provide Stayz with an Australian Business Number (ABN). Your guest will be issued with a tax invoice including GST. If you are registered with an ABN for your listed properties but are not registered for GST, you must also provide your ABN to Stayz. If you do not provide an ABN to Stayz, you represent to Stayz that the supply of the property is wholly input taxed or of a private or domestic nature for you.
2.5) You must notify any changes in your business name, bank account, ABN, GST registration status, email address, contact person or office address in writing promptly and within 5 business days of the change.
2.6) We reserve the right to change our Site, products or services (including format, design, scope, etc) at any time. We will use our reasonable endeavours to give you advance notice of any material changes that we make to our Site, products or services.
2.7) We reserve the right (but have no obligation) to review, modify, reformat, reject or remove (or direct you to modify or remove) any material that you make available or attempt to make available via the Site that, in our opinion, breaches this agreement, has the potential to harm, endanger or violate the rights of any person or may otherwise be damaging to Stayz’ reputation.
3) Your obligations to guests
3.1) You agree that:
a. you will clearly communicate to guests at the time of making an enquiry and/or booking any additional terms and conditions beyond those in the Stayz Consumer Conditions of Use;
b. you will review and resolve disputes generated from guests that have stayed at your property in a timely manner and take the necessary action to ensure such complaints do not re-occur;
c. your contact details will at all times be up-to-date and a phone number provided to all guests at time of enquiry/booking so they can contact you if necessary; and
d. you will respond to guest enquiries in a timely manner, ensuring contact is made with all guests.
3.2) Once you have received payment (in part or full) for an accommodation booking, the booking is deemed confirmed and you must hold the booking for the guest until the stay takes place, the booking is cancelled by the guest or you deem the booking to be cancelled due to late payment by the guest.
3.3) If you are unable to fulfil a confirmed booking (in full or part), you must use your best endeavours to find the guest(s) alternative acommodation of a similar standard. If you cannot find suitable accommodation that is acceptable to the guest(s), you should contact Stayz Customer Support for assistance.
4) Stayz Online Payment System
4.1) The Stayz Online Payment System is provided on the Site to assist consumers to make legitimate reservations or otherwise transact business with property owners, managers and other suppliers (Suppliers) who are registered to use the Stayz Online Payment System, and to make payments for those transactions through Stayz, and for no other purposes.
4.2) You confirm that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Stayz Online Payment System in accordance with these terms and conditions. You also agree that all information supplied by you in using the Stayz Online Payment System will be up-to-date and accurate.
4.3) If you are using the Stayz Online Payment System, the total transaction value for a booking is split into two portions – the non-refundable deposit and the remaining balance. The guest 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 guest up-front.
4.4) Payments that are intended to be returned to the guest, such as bonds and security deposits, must not be included in the amount to be paid by the guest and you must not use the Stayz Online Payment System to collect or return any such amounts.
5) Listing fees
5.1) You agree to pay us the applicable listing fee specified on the Site, or otherwise agreed in writing between you and Stayz, for each property that you list on the Site.
5.2) Listing fees paid to Stayz are non-refundable and non-transferable. Once you have paid a listing fee of any kind for a particular period, the fee applicable to that type of listing will be charged for each renewed listing period and your listing option cannot be changed unless otherwise agreed with Stayz.
5.3) If a listing fee is paid to Stayz for a period and you choose to remove your property listing from the Site part way through that period, you will not be eligible for a refund for the remainder of the period.
5.4) Listings are automatically renewed unless you tell us otherwise. If you do not wish to renew your listing, you must notify Stayz before the expiry of your current listing period to ensure your listing is disabled appropriately from the Site. If you do not notify us, your listing will be renewed for a further listing period of the same duration and the listing fee will be billed to you on the first day of that renewed listing period.
5.5) You will have the ability from time to time to access additional chargeable features and services on the Site (such as priority placements and spotlight listings). Any additional terms and conditions (including pricing) relating to chargeable features and services will be specified on the Site or otherwise made available to you in writing. Any such additional terms and conditions form part of this agreement.
6) Booking fees for bookings not made using the Stayz Online Payment System
6.1) For bookings that are not made using the Stayz Online Payment System, you agree to pay us the nightly booking fee specified on the Site, or otherwise agreed in writing, for each confirmed booking. In this clause, a booking is "confirmed" if:
a. the booking resulted from a booking enquiry through, or referral from, the Site; and
b. the guest(s) actually stayed at your property (regardless of whether you received payment or not) and, if so, the relevant booking period will be the entire period that the guest(s) stayed at your property.
6.2) At the end of each calendar month, and otherwise at our request, you agree to provide us with a Booking Report (in the form prescribed by us) that confirms all bookings details for that calendar month for properties listed by you on the Site (other than bookings made using the Stayz Online Payment System).
6.3) We reserve the right to audit the enquiries made through the Site and, on reasonable notice to you, to audit your accounts and records relating to your bookings in order to verify the information provided in any Booking Report. You agree to grant our auditor such access and assistance as is reasonably necessary in order to carry out the audit.
6.4) Without limiting our other rights, if you fail to provide the Booking Report within 30 days, we may remove your listings from the Site and/or terminate this agreement.
7) Booking fees for bookings made using the Stayz Online Payment System
7.1) For bookings that are made using the Stayz Online Payment System, you agree to pay us a booking fee for each booking made using the system, which will calculated as a percentage of the total transaction value for the booking, subject to minimum and maximum nightly fees. The percentage and the minimum and maximum nightly fees will be as specified in your application form or otherwise agreed in writing between you and Stayz.
7.2) If the booking or total transaction value is amended, the Stayz booking fee will be recalculated based on the new total transaction value. If the booking is cancelled, the Stayz booking fee will be recalculated based on the amount actually paid by the guest which is not to be refunded, with no minimum or maximum nightly fees. Any additional booking fee that you owe to Stayz as a result will be deducted from funds subsequently remitted to you, and any reduction in the booking fee that Stayz owes to you will be credited against booking fees subsequently charged by Stayz to you.
7.3) Payments by guests for bookings made using the Stayz Online Payment System will be made by credit card transaction through the system. Payments will be credited to a bank account in the name of Stayz maintained solely for the purpose of receiving and remitting payments for and on behalf of Suppliers who are registered to use the Stayz Online Payment System.
7.4) Payments received from guests will be held by Stayz on your behalf until such time as the funds are remitted to you, refunded to the guest (if they are entitled to a refund) or transferred to Stayz in payment of our fees and charges.
7.5) Following receipt of the deposit payment or full payment up-front for a booking, Stayz will retain its booking fee and any other applicable 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 10 days after Stayz receives the payment from the guest. The remaining balance of the total transaction value for the booking will be remitted to you after the stay has commenced.
7.6) Interest earned on any amounts while held in the Stayz bank account will be retained by Stayz. No interest will be payable by Stayz to you or the guest on amounts held by Stayz.
7.7) If Stayz’ bank determines that a credit card transaction is invalid, we will notify you that the booking is no longer confirmed, charge back the transaction to you and cancel the tax invoice. You must contact the guest to make alternative payment arrangements. If we have already remitted the charge back amount to you, you must pay it back to Stayz within 14 days. If a charge back amount is outstanding, it will be deducted from funds subsequently remitted to you.
8) Guest booking changes, cancellations and refunds
8.1) 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 the Stayz Online Payment System or otherwise must be provided by you to guest.
8.2) If the Stayz Online Payment System was used for a booking and the guest 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 guest used to pay for the booking. In other cases, you must make arrangements for any refund to which the guest is entitled directly with the guest.
8.3) 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.
8.4) If the guest 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 guest and retain the non-refundable deposit.
9) Payment terms and invoices
9.1) Listing fees, booking fees (other than fees for bookings made using the Stayz Online Payment System which are deducted from remittances to you) and fees for additional features and services are payable within 30 days of the date of our invoice or, in some specified cases, in advance.
9.2) Once an invoice for listing, booking or other fees has been paid, no refund will be supplied for any errors made by you. However, a credit may be issued upon application in this instance.
9.3) You are responsible for all taxes (including GST and income tax), duties or government charges payable in connection with this agreement whether applying at the date of this agreement or in the future.
9.4) You appoint Stayz as your billing agent for bookings made through the Stayz Online Payment System. As billing agent, Stayz will issue on your behalf all tax invoices and adjustment notes required under GST legislation for bookings made using the Stayz Online Payment System and you agree that you will not issue any tax invoices or adjustment notes for these bookings. This does not apply to the payments (such as bonds and security deposits) referred to in clause 4.4. The billing agent service provided by Stayz is administrative only and does not extend to the provision of any other services or benefits except as specified in this agreement.
10) Termination
We may terminate this agreement, and remove your property listings from the Site, immediately:
a. if we reasonably believe the safety, security and experience of Stayz customers and/or Stayz’ reputation is at risk as a result of any act or omission by you;
b. if you do not pay any amount owing to Stayz by the due date and it remains overdue for 30 days or more;
c. if you breach this agreement in any other way and you do not rectify that breach within 7 days after receiving notice from Stayz requiring the breach to be rectified; or
d. if an insolvency or bankruptcy event occurs in relation to you; and
e. otherwise, at any time and for any reason by giving you 7 days notice in writing (in which case you will be entitled to a pro-rata refund of any fees paid by you in advance).
11) Intellectual property rights
Except in relation to your property listings, which you grant us a license to deal with in accordance with our standard terms and conditions of advertising, you do not have any right, title or interest in or relating to our Site. You may not use any material on our Site to establish, maintain or provide your own publications (including marketing or promotional material), contact details database or Internet site. Nothing in this agreement should be construed as granting any right of use in relation to any material or trade mark displayed on the Site without the express written consent of the relevant owner.
12) Exclusion of liability and indemnity
12.1) 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. 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.
12.2) 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). For products or services supplied or offered by us, our liability to you will be limited to the amount(s) paid by you in respect of those products or services.
12.3) You agree to reimburse us for any expenses, costs, loss or damage that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site, including any breach of this agreement by you.
13) General provisions
13.1) You shall treat as confidential all information regarding our business or affairs that comes into your possession as a result of or in the performance of this agreement. You must not disclose our confidential information to any third party without our written permission, unless required to do so by law.
13.2) Stayz reserves the right to amend this agreement (including any fees) from time to time. If a change is material or may have an adverse impact on you, Stayz will provide you with no less than 14 days prior notification of the change. If you object to any such change, your only remedy is discontinue your use of the Site before the change comes into effect. If you continue to use the Site after that time, you will be deemed to have accepted the change.
13.3) This agreement, together with any other terms and conditions it refers to, 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 the agreement will not be affected.
13.4) This agreement is governed by the laws in force in New South Wales, and you submit to the non-exclusive jurisdiction of the courts in that State.