Stayz Advertising Booking Agreement

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'), 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. You enter into any transaction with a third party entirely at your own risk.

1.3)  Depending on your circumstances, your property will be listed on the Site and bookings will be paid for according to one or more of the following bases:

a) Items List

b) Stayz Online Payment System

c) Subscription

d) Third Party Booking System

Unless otherwise specified, all terms and conditions in this Agreement apply to all property owners, managers and other suppliers ('Suppliers') who list properties on the Site.

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 if requested;

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 or amend them 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;

f) you will not include in your listings links to any other websites unless agreed with Stayz in advance;

g) you will comply at all times with the Holiday and Short Term Rentals Guidelines at www.stayz.com.au/holiday-rental-guidelines.

2.2)  You may remove your property listing from the Site at any time.

2.3)  Where a dispute arises with a guest or other party regarding the property, you agree to complete a Service Quality Report if requested by Stayz.

2.4)  You must notify any changes in your business name, bank account, ABN, email address, contact person or office address in writing promptly and within 5 business days of the change.

2.5)  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.

2.6)  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 accommodation 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 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)  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.

4.3)  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, subscription and set-up fees

5.1)  You agree to pay Stayz any listing fees, subscription fees or set-up fees specified in your registration form or on the Site when you list your property or as otherwise agreed in writing with Stayz.

5.2)  Listing, subscription and set-up fees paid to Stayz are non-refundable and non-transferable. If a listing fee or subscription 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.

5.3)  If you list properties on the Site on a subscription basis, the subscription fee specified on your registration form reflects the number of properties you have told us you will list on the Site. Unless otherwise agreed by us, if during any month your actual listings exceed the maximum number specified, you will be charged at the rates for the applicable band, as notified to you by your Account Manager.

5.4)  You may 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)   Bookings paid for using the Items List

6.1)  If you arrange payments with guests directly and pay booking fees to Stayz on the basis of an Items List prepared and submitted by you, then 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 complete and submit an Items List (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 or a third party booking 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 Items List. 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 Items List within 30 days, we may remove your listings from the Site and/or terminate this agreement.

7)   Booking paid for using the Stayz Online Payment System

7.1)  For bookings that are paid for 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 registration 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)   Third party booking systems and data feeds

8.1)  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.

8.2)  You acknowledge that Stayz may charge an additional fee directly to guests for its services, calculated as a percentage of the total transaction value of the booking. Stayz will obtain this fee by marking up the price of the booking then invoicing you each month for this fee, for bookings completed in the previous month.

8.3)  You agree to pay us the Set Up Fee as listed on the Registration Form. We will invoice you for this fee within the first month of this Agreement.

9)   Guest booking changes, cancellations and refunds

9.1)  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 before payment is made.

9.2)  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. For bookings that were not paid for using the online payment system, you must make arrangements for any refund to which the guest is entitled directly with the guest.

9.3)  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.

9.4)  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.

10)   Payment terms and invoices

10.1)  Listing fees, subscription fees, Item List Fees, Set Up Fees, fees under clause 8.2 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.

10.2)  Booking fees for bookings made using the Stayz Online Payment System are deducted from remittances to you.

10.3)  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.

10.4)  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.

11)   Term and termination

11.1)  If you list properties on the Site on a subscription basis, this Agreement will continue for the minimum contract term(s) specified in your registration form. You may give us notice at least 28 days prior to the expiration of your minimum contract term that you would like your subscription to terminate upon the expiration of the minimum contract term. If you do not give us such notice, your subscription will continue after the expiration of the minimum contract term until such time as you renew your agreement or give us 28 days written notice of termination.

11.2)  If you list properties on the Site other than on a subscription basis, this Agreement will continue for the term agreed between you and Stayz in writing, or if no such period is agreed, will continue until such time as it is terminated in accordance with its terms.

11.3)  If you pay listing fees, then your 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.

11.4)  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 Stayzt 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).

12)   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.

13)   Exclusion of liability and indemnity

13.1)  Stayz accepts no liability whatsoever relating to the content of your advertisement(s) on the Site, your property(ies) or your dealings with any tenants or prospective tenants. Without limiting the forgoing, 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(ies) in response to an advertisement posted on the Site.

13.2)  You indemnify Stayz against any loss, damage, cost or expense that Stayz may suffer or incur as a result of any claim against Stayz by any tenant or prospective tenant or other third party relating to the content of your advertisement(s) on the Site, your property(ies) or your dealings with any tenants or prospective tenants.

13.3)  Without limiting this clause 13 in any way, you acknowledge that Stayz (acting reasonably) may (in its discretion) choose to provide a tenant or prospective tenant of your property(ies) with a refund or other remedy in order to settle any claim made against Stayz in connection with your advertisement(s) on the Site or your property(ies), including in relation to the condition or availability of the property(ies), any negligent act or omission by you or your representatives or any of your representatives or any breach of the terms of this agreement by you, in which case you will be responsible for covering the cost of such remedial action.

13.4)  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(ies) 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.

13.5)  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). In all cases, our liability to you will be limited to the amount(s) paid by you in respect of those products or services.

14)   General provisions

14.1)  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.

14.2)  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.

14.3)  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.

14.4)  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.