GENERAL TERMS & CONDITIONS
OUR MISSION
“Here at Short Stays Australia and New Zealand, we see accommodation as collaboration. We’re a community of Hosts and travellers, hustlers, and wanderers, looking to make accommodation more affordable for everyone. We want you to walk in here with your guard down, knowing this isn’t a place for high fees and hidden costs. There’s a whole world out there beyond the 9-5. Here’s to trading keyboards for snowboards, suits for sandals and stress for serenity.”
GUEST TERMS
1. Registering as a Guest.
1.1 Guest Verification and Screening.
To become a “Verified” Guest Short Stays Australia and New Zealand (herein referred to as “we,” “us,” “our” or “Short Stays Australia and New Zealand”) will review your sign-up details, photo ID and perform a search on the Good to Book database to ensure there have been no reported problems caused by you, or one of your Guests at a previous accommodation you have stayed. This review process will take place within 48 hours of registering your details or prior to your accommodation Booking commencing, whichever comes first. Additionally, each time you create a Booking your details will again be reviewed on the Good to Book database. If a report has since been made your verification status will be removed until such time as Good to Book remove your name from the database and Short Stays Australia and New Zealand will inform your Host or Co-host of these findings.
1.2 Good to Book Disclaimer.
Short Stays Australia and New Zealand is a member of Good to Book, a risk management database for Short Term Accommodation Providers (“STAPs”). Short Stays Australia and New Zealand will review your details within 48 hours of creating a Booking or prior to your accommodation Booking commencing, whichever comes first. Any Guests listed on the accommodation Booking over the age of 18 will also be reviewed on the Good to Book database. If Short Stays Australia and New Zealand find an entry on the Good to Book database indicating that there was a problem caused by you or one of your Guests at a previous accommodation you have stayed at, Short Stays Australia and New Zealand has the right to and will inform your Host or Co-host of these findings. The Host or Co-host may refuse to accept your accommodation request or Booking or they may choose to impose additional restrictions on your stay (for example, an additional security bond). If your Booking is declined all moneys paid will be refunded.
Short Stays Australia and New Zealand cannot check the accuracy of the Good to Book database nor can we disclose to you any information on the Good to Book database or the STAP who uploaded the information, as this information is confidential. The information on the database is used for evaluative purposes so accommodation providers can decide whether to enter into an Agreement for accommodation with you or not. Any concerns you have with the Good to Book database will need to be discussed with Good to Book directly. You can contact Good to Book via email at admin@goodtobook.com.
Short Stays Australia and New Zealand accepts no liability for the use of the Good to Book database, including any reliance made on the information contained on the Good to Book database, even if the information uploaded is incorrect.
Short Stays Australia and New Zealand may also upload information to the Good to Book database if you cause damage or harm to a Host/Co-host, their staff, other Guests, the property during your stay or fail to pay for damage, missing items, or additional cleaning you and/or your Guests have been found to be responsible for. Please note the above list does not cover the extent of reasons Short Stays Australia and New Zealand may upload information to the good to book database. Please refer to www.goodtobook.com for additional information. Providing Short Stays Australia and New Zealand are not negligent, Short Stays Australia and New Zealand will not be liable to you or any other person for any consequence arising from the upload of information to the Good to Book database.
2. Searching, Booking and Payments.
2.1 Searching.
You can search for Host Services by using criteria like the type of Host Service (Short Stay, Long Stay &/or Home Swap), travel destination, travel dates, and number of Guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Host requirements (e.g: minimum or maximum nights), and more.
2.2 Booking.
When you receive the Booking confirmation, a Contract for Host Services is formed directly between you and the Host. The Cancellation Policy and any other Rules, Standards, Terms, Policies, or requirements identified on the Short Stays Australia and New Zealand website in the listing at that time or during checkout form part of your Contract with the Host. Confirmation of the TRIP DETAILS and INVOICE DETAILS can be viewed in BOOKED STAYS. Please note that some Hosts work with a Co-host or as part of a team to provide their Host Services. An accommodation Booking is a limited license to enter, occupy, and use the accommodation. The Host retains the right to re-enter the accommodation during your stay to the extent: (i) it is reasonably necessary, (ii) permitted by your Contract with the Host, and (iii) consistent with applicable Law.
2.3 Booking Payment.
When you book a Listing, you are agreeing to pay all charges for your Booking including the listing price, applicable fees like our Short Stays Australia and New Zealand service fees, payment transactions fees, offline fees, taxes, and any other items identified during checkout (collectively, “Total”). Additionally, you must list all Guest names who intend to stay at the accommodation and you may not exceed the maximum number of allowed Guests. If found to do so, the Host has the right to charge additional Guest Fees. This request is reviewed and processed via the Short Stays Australia and New Zealand Payments team at support@shortstays.au.
2.4 Security Deposit.
As a Guest you agree that Short Stays Australia and New Zealand Payments may authorise the security deposit noted on the advertised listing and Booking invoice within 72 hours of checking in, at any time during your stay or within 48 hours of checking out if Short Stays Australia and New Zealand and New Zealand deems necessary, or if the Host or Co-host submits a claim for damage, missing items or unexpected cleaning costs. If you or your Guests are found to be responsible for damage, missing items, or unexpected cleaning costs Short Stays Australia and New Zealand Payments may charge the outstanding amount. To make a claim, the Host must contact you directly via their Short Stays Australia and New Zealand Inbox to describe the damage, provide photos and if possible, provide receipts/quotes of repair/replacement costs within 48 hours of checkout or prior to their next Guest checking in, whichever comes first. If the claim relates to a damaged item, proof of purchase must also be provided (i.e. receipt, invoice and/or item photo).
If the host does not have all the required documents within 48 hours (for example, if the host is waiting for a repair estimate), the host must request a claim extension within 48 hours of checkout which cannot, for any reason, exceed 10 business days from the last day of the Guests stay. Any documents provided outside of this 10-business day period will be declined and your security deposit will be released in full. If an extension has been requested by the host, you will be notified via email.
Once notified of the claim, you’ll have 48 hours to respond. If you agree to pay the amount in full (provided the value is less than the security deposit) or to the value of the agreed security deposit (if the value exceeds the security deposit), our Dispute Resolution Team will capture the payment and the claim will be finalised. If an Agreement cannot be reached, please notify our Dispute Resolution Team via support@shortstays.au with the claim details and documents. Our Team will review the claim, assist to mediate, and advise an outcome deemed fair and reasonable within 3 business days. Additionally, if the Host or our Team are unable to contact you to discuss the claim, we will proceed with the Security Deposit claim.
2.5 Accommodation Bookings/Checkout.
You agree to leave the accommodation no later than the checkout time that the Host specifies in the Listing, or such other time mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent you no longer have a license to stay in the accommodation and the Host is entitled to make you leave in a manner consistent with applicable Law.
2.6 Public Disruption Policy.
Short Stays Australia and New Zealand has zero tolerance for Guests who display disrespectful and disruptive behaviour in any community. This Policy covers our explicit ban on disruptive gatherings and disturbances at a property or in the community during a booked Stay or Experience.
Short Stays Australia and New Zealand strictly prohibits:
Disruptive gatherings (regardless of size)
Open-invite gatherings (regardless of size)
Excessive visitors
Excessive trash
Excessive noise
Unsafe behaviours
Parking nuisances
Smoking nuisances
Littering
Trespassing
Vandalism
If any of the above scenarios occur during a booked Stay and you fail to comply with our Public Disturbance Policy, Short Stays Australia and New Zealand will review the complaint and at our sole discretion may choose to do any or all of the following:
Report information and any evidence provided to us to authorities
Report any/all of the Guests involved to the Good to Book Database
Report the complaint to Hosts of any booked upcoming Stays
Remove you from the Short Stays Australia and New Zealand platform
Additionally, following sufficient evidence being provided and in consultation/support from the Short Stays Australia and New Zealand Dispute Resolution Team, your Host may choose to cancel your Booking without any consequences, being that of Cancellation Fees or a poor Guest review.
We encourage the Community to assist us in promoting respectful behaviour in our local communities. Members of the community can at any time report a disturbance or disruption to emergency services.
2.7 Bookings for Experiences and Other Host Services.
An Experience or other Host Service Booking entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Host Service. Except where expressly authorised, you may not allow any person to join a Host Service unless they are included as an additional Guest during the Booking process.
3. Booking Modifications, Cancellations, Refunds and Long Stays.
3.1 Booking Modifications.
Guests and Hosts are responsible for any Booking Modifications they agree to make via the Short Stays Australia and New Zealand platform or direct Short Stays Australia and New Zealand Customer Service to make on their behalf and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
3.2 Cancellations and Refunds.
In general, if as a Guest you cancel a Booking, the amount refunded to you is determined by the Cancellation Policy set by the Host at the time of the Booking. The Cancellation Policy is displayed on your Booking invoice. However, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Booking, you may be eligible to reschedule, receive a partial or full refund at the Hosts discretion, if applicable. See each Hosts Cancellation Policy for details about what is covered, and what refund applies in each situation. Unless stipulated in the Hosts property profile, the below outlines the 5 standard Cancellation Policies.
Cancel Anytime:
100% refund (minus Transaction Fees) if a Guest cancels at least 24 hours before check-in.
60/30 Cancellation Policy:
100 % refund (minus Transaction Fees) if you cancel at least 60 days before check in.
50 % refund (minus the Service Fee and Transaction Fees) if you cancel at least 30 days before check in.
No refund if you cancel less than 30 days before check in.
30/14 Cancellation Policy:
100 % refund (minus Transaction Fees) if you cancel at least 30 days before check in.
50 % refund (minus the Service Fee and Transaction Fees) if you cancel at least 14 days before check in.
No refund if you cancel less than 14 days before check in.
14/7 Cancellation Policy:
100 % refund (minus Transaction Fees) if you cancel at least 14 days before check in.
50 % refund (minus the Service Fee and Transaction Fees) if you cancel at least 7 days before check in.
No refund if you cancel less than 7 days before check in.
No refunds:
Bookings are non-refundable.
3.3 Longs Stay (3+ months) process for Guests.
Step 1. If you find a property with Terms and Conditions suitable to your needs, and you do not have any additional questions or need to inspect the property then send the Host a ‘Booking Request’ notification.
Step 2. The Host may request additional information such as identification proof, proof of income and financials, rental history and references prior to confirming the Booking. Please expect the Hosts vetting process to be the same as though you were applying for a rental property.
Step 3. PRIOR to the Host confirming your Booking it is HIGHLY RECOMMENDED both you and the Host review, agree to and sign the provided Long Stay Agreement. This will ensure both parties are guided by and adhere to the legal obligations outlined in the Agreement throughout your stay. Please note that Short Stays Australia and New Zealand have no legal connections to this Agreement however we do provide the template for use at your discretion.
Step 4. When all requirements from the Host are satisfied and the Booking is confirmed. all additional funds for bond and rent in advance will be paid directly to the Host as per the Long Stay Agreement. For further guidance on where to find bond lodgment forms for your specific state/country, please refer to your Host Resources.
PLEASE NOTE THAT SHORT STAYS AUSTRALIA AND NEW ZEALAND IS AN INTRODUCTORY BOOKING PLATFORM ONLY. LONG STAY BOOKING BOND AND ONGOING PAYMENTS (RENT), BE IT WEEKLY, FORTNIGHTLY OR MONTHLY, ARE PROCESSED DIRECTLY BETWEEN THE HOST AND GUEST. USING A LEGALLY BINDING AGREEMENT IS HIGHLY RECOMMENDED.
4. Your Responsibilities and Assumption of Risk.
4.1 Your (Guest) Responsibilities.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any accommodation, Experience, or other Host Service. For example, this means: (i) Guests are responsible for leaving an accommodation (and related personal property) in the condition it was in when you arrived, and (ii) Guests must act with integrity, treat others with respect, and always comply with applicable Laws. If you are Booking for an additional Guest who is a minor or if you bring a minor to a Host Service, you must be legally authorised to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your (Guest) Assumption of Risk.
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable Law, you assume the entire risk arising out of your access to and use of the Short Stays Australia and New Zealand platform and any Content (as defined in Section 10), including your Stay at any accommodation, participation in any Experience, use of any other Host Service, or any other interaction you have with other members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.
HOST TERMS
5. Hosting on Short Stays Australia and New Zealand.
“Host” means, the Host who is the Listing owner.
“Co-host” means a member who has been authorised to participate in providing Host Services on the Listing owner’s behalf.
Please note Co-hosts are permitted to manage Short Stay and Long Stays Listings. Long Stay listings can only be managed by a Co-host with the required license in Australia. Home Swap Listings must be exclusively managed by the homeowner.
5.1 Host.
As a Host, Short Stays Australia and New Zealand offers you the opportunity to share your accommodation, Experience, or other Host Services with our vibrant community of Guests – and earn money doing it. It is easy to create a Listing and you are in control of how you Host setting your price, availability, and Rules.
Short Stays Australia and New Zealand offers 2 Membership options:
Short Stay Membership – FREE
Short Stays (stays less than 90 days)
Premium Host and/or SWAP Membership – $79/year
Short Stays (stays less than 90 days)
Long Stays (stays 90 days or more) and/or
Home Swap – Australia and New Zealand wide (for any length of time)
5.2 Membership Renewal.
If an annual Membership is on auto-renew the right to cancel will apply at each renewal and must be actioned within fourteen 14 days from the first day of the Membership renewal. To cancel an auto-renew Membership following a payment being deducted from your account please contact us via email support@shortstays.au.
5.3 Host/Co-host Verification.
To become a “Verified” Host, Short Stays Australia and New Zealand will review and approve your sign-up details, photo identification, property ownership documentation and listing information. This review process will take place within 48 hours of registering your details.
5.4 Contracting with Guests.
When you accept a Booking Request or receive a Booking confirmation through the Short Stays Australia and New Zealand platform, you are entering into a Contract directly with the Guest and are responsible for delivering your Host Service under the Terms and at the price specified in your Listing. You are also agreeing to pay applicable Fees like the Short Stays Australia and New Zealand Service Fee (and applicable taxes) for each Booking. Short Stays Australia and New Zealand Payments will deduct amounts you owe from your payout. Any Terms, Policies, or conditions that you include in in your listing must: (i) be consistent with these Terms, our Policies.
5.5 Host/Co-host Privacy Standards.
As a Host you may receive and use Guests personal information to manage your Bookings and deliver your Host Service. Please remember that you are responsible for complying with applicable Privacy Laws when you handle and process personal information. You should only use personal information you receive through the Short Stays Australia and New Zealand platform as necessary to manage your Bookings and deliver your Host Service. All Host members are responsible for informing their Guest(s) about the presence of security devices (alarm, video surveillance…). Short Stays Australia and New Zealand STRICTLY prohibits the use of surveillance cameras or recording devices in private parts of the Accommodation.
5.6 Independence of Hosts/Co-hosts.
Your relationship with Short Stays Australia and New Zealand is that of an independent individual or entity and not an employee, agent, joint venture, or partner of Short Stays Australia and New Zealand, except that Short Stays Australia and New Zealand Payments acts as a payment collection agent as described in the Payments Terms. Short Stays Australia and New Zealand does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what Terms to offer them.
6. Managing Your Listing.
6.1 Creating and Managing Your Listing.
The Short Stays Australia and New Zealand platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, incidentals (valet or parking fees, airport shuttle fees), security deposits, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and Content (like photos) up-to-date and accurate at all times. You may only maintain one Listing per accommodation which can then be listed under categories: Short Stay, Long Stay and/or Home Swap depending on your selected Membership. You may have multiple Listings for a single property if it has multiple places to stay. Any offer of an Experience is subject to our Additional Terms for Experience Hosts.
Host members are solely responsible for obtaining and maintaining valid homeowners, renters, or other insurance as required by Law, in connection with their Host Services. It is the responsibility of Host to review and understand ones insurance cover.
6.2 Security Deposits.
While a security deposit is not required for all Listings. This is allocated at your sole discretion and may be based on listing features and/or property size. The Security Deposit amount can be changed at any time in “My Listings”. Guests are shown the required security deposit amount at the time of Booking via your Listing. The security deposit amount is also displayed on both the Host and Guest invoice. Guests won’t be charged the security deposit when they make a Booking. The Security Deposit amount will only be authorised on the Guests payment method if you submit a claim for damages, missing items, or additional cleaning costs proven to have occurred during the Guests stay.
6.3 Security Deposit Claims.
To be eligible to make a Claim, you must contact the Guests via your Short Stays Australia and New Zealand’s Inbox within 48 hours of your Guests checking out or prior to your next Guests arriving, whichever comes first. When making the claim you must describe the damage, provide photos and if possible, receipts/quotes of repair/replacement costs. If the claim relates to a damaged/missing item, proof of purchase must also be provided to the Guest (i.e. receipt, invoice and/or item photo).
Once the Guests has been notified of the claim with all supporting documents, the Guest will have 48 hours to respond. If the Guest agrees to pay the amount in full (provided the value is less than the security deposit) or to the value of the agreed security deposit (if the value exceeds the security deposit), our Dispute Resolution Team will capture the payment and the claim will be finalised.
If an Agreement cannot be reached or the Host does not get a response from the Guest, please notify our Dispute Resolution Team via support@shortstays.au with the claim details and supporting documents. Our Team will review the claim, assist to mediate and advise on an outcome deemed fair and reasonable within 3 business days. Additionally, if the Host or our Team are unable to contact the guest to discuss the claim, we will proceed with reviewing the claim.
If you do not have all the required documents within the 48 hours (for example, if you are waiting for a repair estimate), you must request a claim extension, which cannot, for any reason, exceed 10 business days from the last day of the Guests stay. Any documents provided outside of this 10-business day period cannot be accepted.
6.4 Accommodation Bookings/Checkout.
Guests must leave the accommodation no later than the checkout time specified in the Listing, or such other time mutually agreed upon between you and the Guests. If the Guests Overstays past the agreed upon checkout time without your consent, the Guests no longer has a license to stay in the accommodation and you are entitled to make them leave in a manner consistent with applicable Law.
6.5 Longs Stays.
Listing under the Long Stay category allows you to self-manage your home/investment for 90+ days at a premium price. Short Stays Australia and New Zealand is an introductory platform only, once you find a suitable Guest or Guests you will be solely responsible for managing the Stay (much like a self-managed rental property).
6.6 RECOMMENDED Long Stay (3+ months) process for Hosts.
Step 1. Create your Long Stay Listing. All Long Stay Booking are set to “Request Booking” so Guest vetting can take place by you prior to accepting the Booking.
Step 2. Request identification proof, proof of income and financials, rental history, and references.
Step 3. Prior to confirming the Booking request, it is HIGHLY RECOMMENDED both you and the Guest/s review, agree to and sign the provided. This will ensure both parties are guided by and adhere to the legal obligations outlined in the Agreement throughout the Stay. Please note that Short Stays Australia and New Zealand have no legal connections to this Agreement however we do provide the template for use at your discretion.
Step 4. When all your requirements are satisfied, and the Booking is confirmed via “My Bookings” all funds for Bond and Rent in advance will be paid directly to you from the Guest/s as per the Long Stay Agreement. You are now self-managing your property.
If you intent to take a Bond please note the requirements differ for each state/country, please refer to the FAQs.
PLEASE NOTE THAT SHORT STAYS AUSTRALIA AND NEW ZEALAND IS A MEMBERSHIP BASED INTRODUCTORY BOOKING PLATFORM ONLY. LONG STAY PAYMENTS ARE PROCESSED DIRECTLY BETWEEN THE HOST AND GUEST/S. NO ADDITIONAL HOSTING FEES WILL BE CHARGED BY SHORT STAYS AUSTRALIA AND NEW ZEALAND. USING THE LONG STAY (LEGALLY BINDING) AGREEMENT IS HIGHLY RECOMMENDED.
CO-HOSTS ARE NOT LEGALLY PERMITTED TO MANAGE A LONG STAY LISTING IN AUSTRALIA UNLESS THEY HOLD A CURRENT AND VALID LICENSE.
6.7 Know Your Legal Obligations.
You (Host/Co-host) are responsible for understanding and complying with any Laws, Rules, Regulations, and Contracts with Third Parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other Laws that restrict the short-term rental of residential properties. Some regions/states require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. For example, some places have landlord-tenant, rent control, and eviction Laws that may apply to Long Stays. Check your local rules/Laws to learn what applies to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations.
6.8 Search Ranking.
The ranking of Listings in search results on the Short Stays Australia and New Zealand platform may depend on a variety of factors, including these main parameters: Guest search parameters (e.g. number of Guests, time and duration of the trip, price range); Listing characteristics (e.g. price, calendar availability, type of Host Service, Host status); Host requirements (e.g. minimum or maximum nights) and, Guest preferences (e.g. previous trips, saved Listings, location from where the Guest is searching). Search results may appear different on our mobile application than they appear on our website.
6.9 Your Responsibilities.
You (Host/Co-host) are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe all Fees and charges in your Listing description and may not collect any additional Fees or charges outside the Short Stays Australia and New Zealand platform. Do not encourage Guests to create Third-Party Accounts, submit reviews, provide their contact information, or take other actions outside the Short Stays Australia and New Zealand platform in violation of our Terms.
6.10 Hosting as a Team or Organization.
If you work with a Co-host or Host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept Terms or enter into Contracts, you represent and warrant that you are authorised to enter into Contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the Laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorised to perform those functions. If you instruct Short Stays Australia and New Zealand to transfer a portion of your payout to a Co-host or other Hosts, you must be authorised to do so, and are responsible and liable for the payment amounts and accuracy of any payout information we request and you provide.
6.11 Co-hosts Access.
When a Hosts adds a Co-host to a Short Stay Australia and New Zealand Listing, the Co-host is granted full access permissions to the Listing, which includes full access to the calendar, and transaction history, as well as the ability to manage the Listing. The Co-host will also have exclusive access to the Listing inbox for Guest communication.
Removing a Co-host:
Go to ‘My Listings’ and select ‘edit’ for the Listing you wish to remove the Co-host from.
Under ‘Description’ and ‘This listing is being managed by’
Select ‘Property Owner’. This will remove the Co-host access from the Listing.
All previous Guest communications via the Co-hosts Short Stays Australia and New Zealand inbox will remain in their inbox however we can assist you to recover past/future Guest communications that have taken place at your request.
6.12 Your Assumption of Risk.
You (Host/Co-host) acknowledge that Hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Short Stays Australia and New Zealand platform, offering Host Services, or any interaction you have with other members whether in person or online. You agree that you have had the opportunity to investigate the Short Stays Australia and New Zealand platform and any Laws, Rules, Regulations, Policies, Terms or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of Law made by Short Stays Australia and New Zealand.
7. Cancellations, Travel Issues, and Booking Modifications.
7.1 Cancellations and Travel Issues.
In general, if a Guest cancels a Booking for reasons outside the Extenuating Circumstances Policy, the amount paid to you is determined by the cancellation policy that applies to that Booking/shown on the Booking Invoice. Below outlines Short Stays Australia and New Zealand’s 5 Cancellation Policies options:
Cancel Anytime:
100% refund (minus Transaction Fees) if a Guest cancels at least 24 hours before check-in.
60/30 Cancellation Policy:
100 % refund (minus Transaction Fees) if the Guest cancels at least 60 days before check in.
50 % refund (minus the Service Fee and Transaction Fee) if the Guest cancel at least 30 days before check in.
No refund if the Guest cancel less than 30 days before check in.
30/14 Cancellation Policy:
100 % refund (minus Transaction Fees) if the Guest cancels at least 30 days before check in.
50 % refund (minus the Service Fee and Transaction Fee) if the Guest cancels at least 14 days before check in.
No refund if you cancel less than 14 days before check in.
14/7 Cancellation Policy:
100 % refund (minus Transaction Fees) if the Guest cancels at least 14 days before check in.
50 % refund (minus the Service Fee and Transaction Fee) if the Guest cancels at least 7 days before check in.
No refund if you cancel less than 7 days before check in.
No refunds:
Bookings are non-refundable.
As a Host, you should not cancel on a Guest without a Valid Reason or unless you experience Extenuating Circumstances as per our Extenuating Circumstances Policy. If you cancel on a Guest without such a valid reason, we; (i) May impose a Cancellation Fee; and (ii) Impose other Hosting restriction.
If a Guest receives a Refund after you have already been paid, Short Stays Australia and New Zealand Payments may recover that amount from you if there are no future bookings on your listing calendar, or by offsetting the Refund against your future payouts. If we reasonably expect to provide a refund to a Guest under one of our policies, we may delay the release of any payout for that Booking until a refund decision is made. Note: This Policy does not address circumstances related to the coronavirus (COVID-19) pandemic. If currently applicable, please see our COVID-19 cancellation updates via our website.
7.2 Extenuating Circumstances Policy.
Unforeseen events beyond your control may arise after a Booking is confirmed and make it impracticable or illegal to complete your Booking. This Policy applies to Bookings for both accommodation and Experiences. The Extenuating Circumstances Policy takes precedence over the Hosts Cancellation Policy. Guests that are impacted by an event covered by this Policy can cancel their Booking and receive, depending on the circumstances, a full Refund (minus Transaction Fees), or a Booking date change (subject to availability – peak periods may have additional nightly costs) or other consideration. Hosts that are impacted by an event covered by this Policy can cancel without adverse consequences, however, depending on the circumstances, their calendars may be blocked for the dates of the cancelled Booking. This Policy uses the term ‘Event’ to refer to unforeseen situations that occur after a Booking is confirmed, and prevent or legally prohibit completion of the Booking.
Changes to government travel requirements.
Unexpected changes to visa or passport requirements imposed by a governmental agency that prevent travel to the destination. This doesn’t include lost or expired travel documents or other personal circumstances relating to a Guest’s authorisation to travel.
Declared emergencies and epidemics.
Government declared local or national emergencies, epidemics, pandemics and public health emergencies. This does not include diseases that are endemic or commonly associated with an area—for example, malaria in Thailand or dengue fever in Hawaii.
Travel restrictions imposed by a governmental agency that prevent or prohibit travelling to, staying at or returning from the Listing booking location. This does not include non-binding travel advisories and similar government guidance.
Military actions, Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrection, civil disorder and civil unrest.
Natural disasters, large-scale outages of essential utilities, volcanic eruptions, tsunamis and other severe and abnormal weather events. This does not include weather or natural conditions that are common enough to be foreseeable in that location.
This Policy only allows for cancellations for the Events described above. Everything else is excluded. Examples of situations that this Policy does not allow cancellations for include: unexpected disease, illness or injury, government obligations like jury duty, court appearances or military duties; travel advisories or other government guidance (that fall short of a travel ban or prohibition), cancellation or rescheduling of an event for which the Booking was made, and transportation disruptions unrelated to a covered Event like road closures, as well as flight, train, bus and ferry cancellations. If you cancel a Booking for these reasons, the amount refunded will be determined by the Cancellation Policy that applies to the Booking.
If you believe this Policy applies to your Booking, but we have not notified you or published information about the Event, please contact us to cancel your Booking at support@shortstays.au. In all cases, you should be prepared to provide documentation that shows how the Event has impacted you or your Booking.
7.3 Valid Reasons Policy.
On rare occasions a Host can experience unforeseen issues that may prevent them from Hosting or permitting a booked Stay to continue. Dependent on the reason for cancellation, Short Stays Australia and New Zealand may assist the Guests to find alternate accommodation without the Host incurring any Cancellation Fees.
Valid reasons include but are not limited to:
Emergency repairs such as a burst pipe/gas leak or the Host experiences a serious unexpected illness that prevents them from Hosting. Approved Valid Reasons will be at the sole discretion of the Short Stays Australia and New Zealand
The Guest states they intend to break one or more house rules such as having an unauthorised large gathering/party, bring a pet when pets a prohibited, smoke on the premises when smoking is prohibited, or the Guest has 2 or more reviews of equal to or less than 2/5 stars (discovered following an ‘Instant Book’ Booking).
Guest violation the Public Disruption Policy.
For cancellations under the Valid Reasons Policy proof will be requested which may include but is not limited to photos, videos, emergency repair inspection reports or a letter from a doctor stating the Host is currently experiencing a serious unexpected illness that will prevent them from Hosting on the specified cancelled hosting dates.
Please contact Short Stays Australia and New Zealand on support@shortstays.au prior to cancelling your Booking if you believe this Policy applies to you.
7.4 Host Cancellation Fees.
You will be charged a Fee if you cancel a Confirmed Booking without a Valid Reason or for reasons outside our Extenuating Circumstances Policy and the ‘Total Booking amount’ may be refunded to the Guest, if the Booking has not yet commenced. A fee will be collected from you directly if there are no future bookings in your calendar or deducted from your next payout. This amount will depend on how soon the booking was.
$75 for cancellations more than 7 days
$150 for cancellations less than 7 days
This amount will cover a all or a portion there of the Booking Fees, Service Fees and Transaction fees. Please note the ‘Total Booking amount’ referred to includes the rate, Booking Fee, other Fees and any stipulated cleaning fees as per the Guests invoice.
Hosts who repeatedly cancel confirmed Bookings without a valid reason may have their Account suspended or removed from the Short Stays Australia and New Zealand platform. This decision will be at the sole discretion of the Short Stays Australia and New Zealand team.
Please note: Host cancellation fees do not apply to Home Swap bookings.
7.5 Reviews.
If you cancel a Booking before, during or after the Guest checks in without a Valid Reason or due to Extenuating Circumstances the Guest may write a Review. The Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Terms. If cancelation occurs for a Valid Reason or due to Extenuating Circumstances then the Guest will not be permitted to post a review.
7.6 Host Experience Cancellation Policy.
If you experience an onsite emergency, safety issue or your Experience takes place outdoors and weather conditions create an unsafe environment for your Guests you may cancel the Experience without incurring a Cancellation Fee however, the full Experience Amount will be Refunded to the Guest. Supporting documents may be requested if a Dispute regarding the validity of the cancellation is raised by your Guests. Please note that the Extenuating Circumstances and Valid Reasons Policies also apply to Host Experiences. Experience cancelations and rebooking’s can be managed directly with the Guest via your Short Stays Australia and New Zealand inbox. Please contact our Short Stays Australia and New Zealand Payments team if either the Host or Guest requests an Experience to be refunded at payments@shortstays.au.
Host Experience Cancellation Fee guide:
Short Stays Australia and New Zealand may charge a Fee of up to 15% of the Experience value if the cancellation take place without a valid reason which will cover all or a portion there of lost Booking Fees, Service Fees & Transaction Fees. Short Stays Australia and New Zealand Payments will deduct the scheduled amount from your upcoming payout or we may seek to collect the Fee owing directly from you.
Hosts who repeatedly cancel confirmed Experience Bookings without a valid reason may be prohibited from adding an Experience to their Listing. This decision will be at the sole discretion of the Short Stays Australia and New Zealand team.
Experience Reviews. If you cancel an Experience Booking before, during or after the Guest checks in without a valid reason the Guest may write a Review. The Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Terms.
7.7 Booking Modifications.
Hosts and Guests are responsible for any Booking Modifications they agree to make via the Short Stays Australia and New Zealand platform or direct Short Stays Australia and New Zealand Customer Service to make on their behalf, and agree to pay any additional amounts, Fees or taxes associated with a Booking Modification.
8. Taxes.
8.1 Host Taxes.
As a Host, you are responsible for determining and fulfilling your obligations under applicable Laws to report, collect, remit, or include in your price any applicable GST or other indirect Taxes, occupancy Taxes, tourist, income, or other Taxes.
8.2 Tax Information.
Tax regulations may require that Short Stays Australia and New Zealand collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide Short Stays Australia and New Zealand with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, Short Stays Australia and New Zealand may withhold payouts up to the amount as required by Law, until sufficient documentation is provided. You agree that Short Stays Australia and New Zealand may issue on your behalf invoices or similar documentation for GST, or other Taxes for your Host Services to facilitate accurate tax reporting by you, our Guests, and/or their organisations.
GENERAL TERMS
9. Reviews.
After each Host Service, the Booking Guest and Host will have an opportunity to leave reviews. Review must be true, fair, and accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Terms. Unfair or inaccurate reviews can be reported to our Dispute Resolution Team for review of accuracy to ensure the feedback is correct and not misleading. If a review violates this policy Short Stays Australia and New Zealand may remove that review, including any associated ratings. Depending on the nature of the violation, Short Stays Australia and New Zealand may also restrict, suspend, or remove the associated Short Stays Australia and New Zealand Account. If you would like a published review removed, please contact us at support@shortstays.au.
10. Content.
Parts of the Short Stays Australia and New Zealand platform enable you to provide feedback, text, photos, audio, video, information, and other Content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Short Stays Australia and New Zealand a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit, that Content, without limitation. If Content includes personal information, Short Stays Australia and New Zealand’s Privacy Policy describes how Short Stays Australia and New Zealand use that personal information. Where Short Stays Australia and New Zealand pays for the creation of Content or facilitates its creation, Short Stays Australia and New Zealand may own that Content, in which case supplemental Terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorised to grant Short Stays Australia and New Zealand the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any Third Party. Content must comply with our Terms, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal Content. You agree that Short Stays Australia and New Zealand may make available Services or automated tools to translate Content and that your Content may be translated using such Services or tools. Short Stays Australia and New Zealand does not guarantee the accuracy or quality of translations and members are responsible for confirming the accuracy of such translations.
11. Fees.
Short Stays Australia and New Zealand may charge Fees (and applicable Taxes) to Hosts and Guests for use of the Short Stays Australia and New Zealand platform (Collectively, “Service Fees”). Except as otherwise stated in Short Stays Australia and New Zealand’s Terms and Policies, Service Fees are non-refundable. Short Stays Australia and New Zealand reserves the right to change the Service Fees at any time and will provide members notice of any Fee changes before they become effective. Fee changes will not affect Bookings made prior to the effective date of the Fee change. If you disagree with a Fee change you may terminate this Agreement at any time pursuant to Section 13.2.
12. Short Stays Australia and New Zealand Platform Rules.
12.1 Rules.
You must follow these rules and must not help or induce others to break or circumvent these rules. Act with integrity and treat others with respect. Do not lie, misrepresent something or someone, or pretend to be someone else; Be polite and respectful when you communicate or interact with others; and do not discriminate against or harass others. Do not scrape, hack, reverse engineer, compromise or impair the Short Stays Australia and New Zealand platform. Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other Content from or otherwise interact with the Short Stays and New Zealand Australia platform; Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Short Stays Australia and New Zealand platform or Content; Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Short Stays Australia and New Zealand platform; and, Do not take any action that could damage or adversely affect the performance or proper functioning of the Short Stays Australia and New Zealand platform. Only use the Short Stays Australia and New Zealand platform as authorised by these Terms or another Agreement with us. You may only use another members personal information as necessary to facilitate a transaction using the Short Stays Australia and New Zealand platform as authorised by these Terms; Do not use the Short Stays Australia and New Zealand platform, our messaging tools, or members’ personal information to send commercial messages without the recipient’s expressed consent; You may use Content made available through the Short Stays Australia and New Zealand platform solely as necessary to enable your use of the Short Stays Australia and New Zealand platform as a Guest or Host; Do not use Content unless you have permission from the Content owner or the use is authorised by us in these Terms or another Agreement you have with us; Do not request, make, or accept a Booking or any payment outside of the Short Stays Australia and New Zealand platform to avoid paying Fees, taxes or for any other reason.
Do not require or encourage Guests to open an Account, leave a review, complete a survey, or otherwise interact, with a Third-Party website, application or Service before, during or after a Booking, unless authorised by Short Stays Australia and New Zealand; Do not engage in any practices that are intended to manipulate our search algorithm; Do not book Host Services unless you are actually using the Host Services; and, Do not use, copy, display, mirror or frame the Short Stays Australia and New Zealand platform, any Content, any Short Stays Australia and New Zealand branding, or any page layout or design without Short Stays Australia and New Zealand’s consent. Honor your legal obligations. Understand and follow the Laws that apply to you, including privacy, data protection, and export Laws; If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable Law, (ii) must be authorised to do so, and (iii) authorise us to process that information under our Privacy Policy.
Do not use the name, logo, branding, or trademarks of Short Stays Australia and New Zealand or others without permission; Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Short Stays Australia and New Zealand branding; Do not offer Host Services that violate the Laws or Agreements that apply to you; and, Do not offer or solicit prostitution or participate in or facilitate human trafficking.
12.2 Reporting Violations.
If you believe that a member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Short Stays Australia and New Zealand. In addition, if you believe that a member, Listing or Content has violated our Terms, Policies or Standards, you should report your concerns to Short Stays Australia and New Zealand. If you reported an issue to local authorities, Short Stays Australia and New Zealand may request a copy of that report. Except as required by Law, you agree that we are not obligated to take action in response to any report.
12.3 Copyright Notifications.
If you believe that Content on the Short Stays Australia and New Zealand platform infringes copyrights, please notify us via support@shortstays.au.
13. Termination, Suspension and other Measures.
13.1 Term.
The Agreement between you and Short Stays Australia and New Zealand reflected by these Terms is effective when you access the Short Stays Australia and New Zealand platform (for example to create an Account) and remains in effect until either you or we terminate the Agreement in accordance with these Terms.
13.2 Termination.
You may terminate this Agreement at any time by deleting your Account 30 days following your last confirmed Booking as a Host or Guest. Short Stays Australia and New Zealand may terminate this Agreement and your Account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your Account. Short Stays Australia and New Zealand may also terminate this Agreement immediately and without notice and stop providing access to the Short Stays Australia and New Zealand platform if you breach these Terms, you violate our Policies, you violate applicable Laws, or we reasonably believe termination is necessary to protect Short Stays Australia and New Zealand, its members, or Third Parties. If your Account has been inactive for more than 2 years, we may terminate your Account without prior notice.
13.3 Member Violations.
If (i) You breach these Terms, our Policies, or our Standards, (ii) you violate applicable Laws, Regulations, or Third-Party rights, or (iii) Short Stays Australia and New Zealand believes it is reasonably necessary to protect Short Stays Australia and New Zealand, its members, or Third Parties; Short Stays Australia and New Zealand may, with or without prior notice: Suspend or limit your access to or use of the Short Stays Australia and New Zealand platform and/or your Account; Suspend or remove Listings, Reviews, or other Content; Cancel pending or confirmed Bookings; or Suspend or revoke any special status associated with your Account. For minor violations or where otherwise appropriate as Short Stays Australia and New Zealand determines in its sole discretion, you will be given notice of any intended measure by Short Stays Australia and New Zealand and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting The Short Stays Team at support@shortstays.au. If a Booking is cancelled under this Section, the amount paid to the Host will be reduced by the amount we Refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.
13.4 Legal Mandates.
Short Stays Australia and New Zealand may take any action it determines is reasonably necessary to comply with applicable Law, or the order or request of a court, Law enforcement, or other administrative agency or governmental body.
13.5 Effect of Termination.
Pursuant to sections 13.2, 13.3 and 13.4, if this Agreement has been terminated, you are not entitled to a restoration of your Account or any of your Content. If your access to or use of the Short Stays Australia and New Zealand platform has been limited, or your Short Stays Australia and New Zealand Account has been suspended, or this Agreement has been terminated by us, you may not register a new Account or access or use the Short Stays Australia and New Zealand platform through an Account of another member.
14. Modification.
Short Stays Australia and New Zealand may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on the Short Stays Australia and New Zealand platform and update the “Last Updated” date at the bottom of these Terms. We will also provide you with notice of any changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Short Stays Australia and New Zealand platform will constitute acceptance of the revised Terms.
15. Our Role.
Short Stays Australia and New Zealand offers a platform that enables members to publish, offer, search for, and book Host Services. While Short Stays Australia and New Zealand works hard to ensure our members have a great experience using the Short Stays Australia and New Zealand platform, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that Short Stays Australia and New Zealand has the right, but does not have any obligation, to monitor the use of the Short Stays Australia and New Zealand platform and verify information provided by our members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Short Stays Australia and New Zealand platform (including for fraud prevention, risk assessment, investigation and Customer Support purposes); (ii) ensure members’ compliance with these Terms; (iii) comply with applicable Law or the order or requirement of a court, Law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Short Stays Australia and New Zealand administers its Terms, Policies and Standards, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Short Stays Australia and New Zealand in good faith, and to provide Short Stays Australia and New Zealand with such information and take such actions as may be reasonably requested by Short Stays Australia and New Zealand with respect to any investigation undertaken by Short Stays Australia and New Zealand regarding the use or abuse of the Short Stays Australia and New Zealand platform. Short Stays Australia and New Zealand is not acting as an agent for any member except for where Short Stays Australia and New Zealand Payments acts as a collection agent as provided in the Payments Terms.
16. Member Accounts.
You must register an Account to access and use many features of the Short Stays Australia and New Zealand platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Short Stays Australia and New Zealand platform under the Laws of Australia and/or New Zealand, your place of residence, or any other applicable Region or State. You must provide accurate, current, and complete information during registration and keep your Account information up to date. You may not register more than one Account or transfer your Account to someone else. You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any Third Party. You are responsible and liable for activities conducted through your Account and must immediately notify Short Stays Australia and New Zealand if you suspect that your credentials have been lost, stolen, or your Account is otherwise compromised. If and as permitted by applicable Law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against Third-Party databases or other sources and request reports from Service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents if this information becomes available to us.
17. Disclaimer of Warranties.
Short Stays Australia and New Zealand provide that the Short Stays Australia and New Zealand platform and all Content “as is” without warranty of any kind and Short Stays Australia and New Zealand disclaim all warranties, whether expressed or implied. For example: (i) Short Stays Australia and New Zealand do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or Third Party; (ii) we do not warrant the performance or non-interruption of the Short Stays Australia and New Zealand platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or members (if any) will identify past misconduct or prevent future misconduct. Any references to a member or Listing being “verified” (or similar language) indicate only that the member has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by Law. If you have statutory rights or warranties Short Stays Australia and New Zealand cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by Law.
18. Limitations on Liability.
Neither Short Stays Australia and New Zealand (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Short Stays Australia and New Zealand platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or Services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Short Stays Australia and New Zealand platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Short Stays Australia and New Zealand platform, or (iv) publishing or Booking of a Listing, including the provision or use of Host Services, whether based on warranty, Contract, tort (including negligence), product liability or any other legal theory, and whether or not Short Stays Australia and New Zealand has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose. These limitations of liability and damages are fundamental elements of the Agreement between you and Short Stays Australia and New Zealand. If applicable Law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
19. Indemnification.
To the maximum extent permitted by applicable Law, you agree to release, defend (at Short Stays Australia and New Zealand option), indemnify, and hold Short Stays Australia and New Zealand (including any other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting Fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional Terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the Short Stays Australia and New Zealand platform, (iii) your interaction with any member, stay at an accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any Laws, Regulations or Third Party rights such as intellectual property or privacy rights.
20. Governing Law and Venue.
If you reside or have your place of establishment in Australia or New Zealand, these Terms will be interpreted in accordance with the Laws of the New South Wales and Australia, without regard to conflict-of-Law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration Agreement in Section 21 must be brought in state or federal court in Sydney, New South Wales, Australia, unless we both agree to some other location. You and Short Stays Australia and New Zealand both consent to venue and personal jurisdiction in Sydney, New South Wales, Australia.
21. Dispute Resolution and Arbitration Agreement.
21.1 Application.
This Arbitration Agreement only applies to you if your country of residence or establishment is Australia. If your country of residence or establishment is not Australia, and you nevertheless attempt to bring any legal claim against Short Stays Australia and New Zealand in Australia, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 21 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable Law.
21.2 Overview of Dispute Resolution Process.
Short Stays Australia and New Zealand is committed to participating in a consumer-friendly Dispute Resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 21 applies: (1) an informal negotiation directly with Short Stays Australia and New Zealand Customer Service team and if necessary (2), a binding arbitration administered by the Australian Centre for International Commercial Arbitration (“ACICA”). You and Short Stays Australia and New Zealand each retain the right to seek relief in small claims court as an alternative to arbitration.
21.3 Mandatory Pre-Arbitration, Dispute Resolution and Notification.
At least 30 days prior to initiating an arbitration, you, and Short Stays Australia and New Zealand each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Short Stays Australia and New Zealand by mailing it to Short Stays Australia and New Zealand registered business address for Service: PO Box 195, Pottsville Beach, NSW, Australia 2489. Short Stays Australia and New Zealand will send its notice of dispute to the email address associated with your Short Stays Australia and New Zealand Account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30 day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.acica.org.au) with the ACICA and providing a copy to the other party as specified in the ACICA Rules (available at www.acica.org.au).
21.4 Agreement to Arbitrate.
You and Short Stays Australia and New Zealand mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of the Short Stays Australia and New Zealand platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Short Stays Australia and New Zealand agree that the arbitrator will decide that issue.
21.5 Exceptions to Arbitration Agreement.
You and Short Stays Australia and New Zealand each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Short Stays Australia and New Zealand agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the International Arbitration Act 1974 (Cth).
21.6 Arbitration Rules and Governing Law.
This Arbitration Agreement evidences a transaction in interstate commerce and the International Arbitration Act 1974 (Cth) governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by ACICA in accordance with the Consumer Arbitration Rules and/or other ACICA arbitration rules determined to be applicable by the ACICA (the “ACICA Rules“) then in effect, except as modified here. The ACICA Rules are available at www.acica.org.au. In order to initiate arbitration, a completed written demand (available at www.acica.org.au) must be filed with the ACICA and provided to the other party, as specified in the ACICA rules.
21.7 Modification to ACICA Rules – Arbitration Hearing/Location.
In order to make the arbitration most convenient to you, Short Stays Australia and New Zealand agrees that any required arbitration hearing may be conducted, at your option: (a) in the State where you reside; (b) in Sydney, New South Wales; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
21.8 Modification of AAA Rules – Fees and Costs.
Your arbitration Fees and your share of arbitrator compensation shall be governed by the ACICA Rules and, where appropriate, limited by the ACICA Consumer Rules. Either party may make a request that the arbitrator award attorneys’ Fees and costs upon proving that the other party has asserted a claim, cross-claim or defence that is groundless in fact or Law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable Law and the ACICA Rules.
21.9 Arbitrator’s Decision.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by Law or the ACICA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
21.10 Jury Trial Waiver.
You and Short Stays Australia acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
21.11 No Class Actions or Representative Proceedings.
You and Short Stays Australia and New Zealand acknowledge and agree that, to the fullest extent permitted by Law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private Lawyer general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable Law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this Agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and Short Stays Australia and New Zealand agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
21.12 Severability.
If any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
21.13 Changes to Agreement to Arbitrate.
If Short Stays Australia and New Zealand changes these Agreement to Arbitrate Terms after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier Agreements to arbitrate any Dispute between you and Short Stays Australia and New Zealand (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Short Stays Australia and New Zealand.
21.14 Survival.
This section will survive any termination of these Terms and will continue to apply even if you stop using the Short Stays Australia and New Zealand platform or terminate your Short Stays Australia and New Zealand Account.
22. Rest of World Dispute Resolution, Venue and Forum, and Governing Law.
If you reside or have your place of establishment outside of Australia, this Section applies to you and these Terms will be interpreted in accordance with Australian Law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of Law does not impact your rights as a consumer according to the Consumer Protection Regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Australian courts. Legal proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Australia or a court with jurisdiction in your place of residence. If Short Stays Australia and New Zealand wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Australian courts.
23. Miscellaneous.
23.1 Other Terms Incorporated by Reference.
Our Extenuating Circumstances Policy, Policies, Standards and other supplemental Policies and Terms linked to in these Terms apply to your use of the Short Stays Australia and New Zealand platform, are incorporated by reference, and form part of your Agreement with Short Stays Australia and New Zealand.
23.2 Interpreting these Terms.
Except as they may be supplemented by additional Terms, Policies and Standards, these Terms (including those items incorporated by reference) constitute the entire Agreement between Short Stays Australia and New Zealand and you pertaining to your access to or use of the Short Stays Australia and New Zealand platform and supersede any and all prior oral or written understandings or Agreements between Short Stays Australia and New Zealand and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Short Stays Australia and New Zealand. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
23.3 No Waiver.
Short Stays Australia and New Zealand’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under Law.
23.4 Assignment.
You may not assign, transfer, or delegate this Agreement or your rights and obligations hereunder without Short Stays Australia and New Zealand prior written consent. Short Stays Australia and New Zealand may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
23.5 Notice.
Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically, and given by Short Stays Australia and New Zealand via email, Short Stays Australia and New Zealand platform notification, messaging service (including SMS), or any other contact method we enable, and you provide.
23.6 Third-Party Services.
The Short Stays Australia and New Zealand platform may contain links to Third-Party websites, applications, Services, or resources (“Third-Party Services”) such as Google Maps, Stripe, PriceLabs and Good to Book that are subject to different Terms and Privacy practices. Short Stays Australia and New Zealand is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
23.7 Google Terms.
Some translations on the Short Stays Australia and New Zealand platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Short Stays Australia and New Zealand platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
23.8 Apple Terms.
If you access or download our application from the Apple App Store when an App becomes available, you agree to Apple’s Licensed Application End User License Agreement.
23.9 Platform Content.
Content made available through the Short Stays Australia and New Zealand platform may be protected by copyright, trademark, and/or other Laws of Australia and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Short Stays Australia and New Zealand and/or its licensors and agree that you will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any Content accessed through the Short Stays Australia and New Zealand platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Short Stays Australia and New Zealand grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Short Stays Australia and New Zealand platform and accessible to you, solely for your personal and non-commercial use.
23.10 Force Majeure.
Short Stays Australia and New Zealand shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
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