The Stayz website is owned and operated by Stayz Pty Limited (ABN 41 102 711 599) ('Stayz'), a subsidiary of HomeAway, Inc, and forms part of the HomeAway network of sites.
1) Agreement between You and Stayz
These terms and conditions apply in addition any other terms, conditions, notices and disclaimers contained elsewhere on www.stayz.com.au and its associated websites (the 'Site'). Your use of the Site constitutes your agreement to all such terms, conditions, notices and disclaimers.
2) Supplier goods and services
2.1) Stayz operates the Site as a referral forum for short term holiday lets of less than 60 days. Stayz also provides information on the Site for a number of holiday-related suppliers and provides you with the opportunity to purchase goods or services provided by those suppliers.
2.2) Stayz operates the site as a venue which allows property owners to advertise one or more holiday rental properties for rent in a variety of pricing formats to potential guests. We may also offer online booking or other tools or services to allow Suppliers and guest to communicate with each other and to enter into rental agreements or other transactions. We are not an agent for property owners or managers that advertise properties on Stayz, nor are we an agent for any third party suppliers of other goods or services that are advertised on Stayz (each of which is referred to in these conditions as a 'Supplier').
2.3) The Site provides a venue for users to interact, and Stayz is not, and does not become, party to any contractual relationship between a guest and a Supplier, and does not mediate between guests and the Suppliers in the event of any dispute arising between them. This is true even if the a booking is made using the Stayz Online Payment System, or if you use any of other tools, services or products provided, as Stayz is not a party to any rental or other agreement between guests and Suppliers.
2.4) Information provided on the Site about goods and services offered by a Supplier is provided by that Supplier. We do not monitor, verify or endorse information submitted by Suppliers for posting on the Site and you should be aware that such information may be inaccurate, incomplete or out-of-date. Facilities, activities or other services that form part of your booking may be subject to change.
2.5) We do not make any representation as to the safety, quality, condition or description of any goods or services provided by Suppliers that are advertised on the Site. Any issues regarding safety, quality, condition or description should be dealt with directly with the Supplier with whom you have made the booking. Stayz is unable to provide refunds in these instances.
2.6) Suppliers may impose their own terms and conditions in relation to their goods and services. You acquire goods and services from Suppliers subject to those terms and conditions, so you should check that you agree to the terms and conditions before you confirm your booking.
2.7) All bookings are subject to Supplier availability.
2.8) You agree that you will only use the reservation/enquiry forms on the Site for genuine booking enquiries or reservations.
3) Exclusion of liability for Suppliers
To the extent permitted by law, neither Stayz nor any other person or entity whose site or listings have been integrated into the Site, will be responsible, and we exclude all liability, for any loss or damage whatsoever (including personal injury and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) goods or services by Suppliers.
You may be required to provide a credit card at check-in/arrival to cover incidental charges and you may also be required to provide photo ID. Suppliers may refuse accommodation where they are not reasonably satisfied as to the credentials of any guest at the time of check-in/arrival.
5) Use of Stayz Online Payment System
5.1) The Stayz Online Payment System is provided on the Site to assist consumers to make legitimate reservations or otherwise transact business with Suppliers, and to make payments for those transactions through Stayz, and for no other purposes.
5.2) 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 Site and the Stayz Online Payment System will be true and accurate.
5.3) Any speculative, false or fraudulent booking is prohibited. You agree that the Stayz Online Payment System will only be used to make legitimate reservations or purchases for you or another person for whom you are legally authorised to act. You acknowledge that overuse or abuse of the Stayz Online Payment System may result in you being denied access to the system.
5.4) You will be issued with a username and password in order to use the Stayz Online Payment System. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via the Stayz Online Payment System by anyone using your username and password and any payments due for goods or services acquired through the system by anyone using your username and password. You should notify any breach of security of your username and password to us immediately.
5.5) The Supplier you have booked with may ask for a damage deposit to be paid to secure the booking. If so, this payment can takes place outside of the Stayz Online Payment System, then you may be asked to direct transfer funds into the Supplier's bank account. Stayz does not become involved in the payment or return of damage deposits. Return of these amounts is based on the Supplier's terms and conditions and their inspection of the property after your stay. For damage deposits collected through the Stayz Online Payment System, see below.
6) Reservations and payments
6.1) If you are using the Stayz Online Payment System, the total transaction value for a booking is split into two portions: (a) the non-refundable deposit and (b) the remaining balance (together, the 'Booking Value'). You may pay both portions (the full amount) of the Booking Value 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 Booking Value must be paid up-front.
6.2) If you are using the Stayz Online Payment System, the Supplier may also ask you to pay a refundable damage deposit (RDD), which may be payable either at the point of booking, or at a later date up to a maximum of 48 hours before check in. You must read and agree to the Supplierâs terms and conditions relating to the RDD at the time of booking.
6.3) The RDD will be automatically refunded to you on the refund date to the card used to make the original booking. If following an inspection of the property the Supplier needs to withhold all or a portion of the RDD in accordance with the agreed RDD Terms, the Supplier will provide you with details of the amount being retained prior to the refund date (the "Retained Amount") and the reasons why.
6.4) You agree and acknowledge that Stayz is not a party to the contractual relationship between the you and the Supplier, and that the collection of the RDD and any withholding of the Retained Amount is subject to the RDD Terms agreed between you and the Supplier at the point of booking. The processing and refunding of the RDD is undertaken by Stayz in its capacity as a payment processor solely in accordance with Supplier's instructions, subject to our terms and conditions. All disputes with respect to the RDD must be handled between you and the Supplier directly, and Stayz will not mediate between in the event of any such dispute.
6.5) At the time of booking through the Stayz Online Payment System, you must pay the deposit or full amount of the booking (and, if applicable, the RDD) by credit card in Australian dollars. You will then receive a booking confirmation and reference number for your booking. You will need to use that reference should you wish to refer to your booking at a later date.
6.6) By using the Stayz Online Payment System, you agree to the automatic debit of the remaining balance from your credit card on the due date for final payment. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
6.7) If you do not pay the remaining balance by the due date and it remains overdue for more than one week, the Supplier may deem the booking to have been cancelled by you and retain the non-refundable deposit. Any RDD paid will be refunded in full.
6.8) On receipt of funds from you, Stayz will hold those funds on behalf of the Supplier until such time as they are remitted to the Supplier, refunded to you (if you are entitled to a refund) or transferred to Stayz in payment of our fees and charges. No interest will be payable by Stayz to you or the Supplier on amounts held by Stayz.
6.9) If you are not using the Stayz Online Payment System, you must make all arrangements for payment directly with the Supplier.
7) Changes, cancellations and refunds
7.1) Terms and conditions for booking changes, cancellations and refunds and refundable damage deposits are specific to each Supplier and/or each property that they list. These terms are set out on the payment page if you are using the Stayz Online Payment System (and must be read and agreed to before making your booking), or otherwise will be provided to you by the Supplier.
7.2) If you used the Stayz Online Payment System for your booking, to make changes to your booking or make a cancellation please login using your personal username and password to https://owners.stayz.com.au. Stayz is unable to request any booking changes or cancellations on your behalf. If you did not use the Stayz Online Payment System to make your booking, you must contact the Supplier to change or cancel the booking.
7.3) If you are using the Stayz Online Payment System and you cancel a booking, the deposit portion of the total transaction value is non-refundable. If you have already paid the remaining balance, your right to a refund of that portion will be determined by the cancellation policy of the Supplier. Any RDD paid to the Supplier will be refunded in full.
7.4) If you used the Stayz Online Payment System for your booking and you are entitled to a refund under the Supplier's terms and conditions, the refund will be made through the system to the same credit card that you used to pay for the booking. In other cases, you must make arrangements for payment of any refund to which you are entitled directly with the Supplier.
7.5) If the Supplier is unable to fulfil a confirmed accommodation booking (in full or part), they must use their best endeavours to find you alternative accommodation of a similar standard. If the Supplier cannot find suitable accommodation that is acceptable to you, you should contact Stayz Customer Support for further assistance.
8) Security of payment
We have taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details. However, Stayz does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.