HOME & VEHICLE SWAP TERMS & CONDITIONS

Short Stays Australia and New Zealand provide a unique online introductory platform that enables property and vehicle Owners (“Owners”) to list their property and connect with other Owners Australia and New Zealand wide with the intent to temporarily swap (“SWAP”) their property +/- their vehicle for reasons that may include:

• Taking a holiday without the hefty accommodation price tag

• Considering relocating but would like to sus out the Country or location first

• Work opportunity

HOST AND GUEST TERMS

1.0 Contract.

These Terms and Conditions (“Terms”) govern the respective rights and obligations between Short Stays Australia and New Zealand Pty Ltd (“we,” “us,” “our” or “Short Stays Australia and New Zealand”) and you. These Terms also governs your use of the Short Stays Australia and New Zealand platform, affiliated websites, apps for mobile phones, tablets, and other smart devices, where applicable.

Each Host agrees to comply with and be legally bound by these Terms. Short Stays Australia and New Zealand is not a party to any Contract entered into between Owners according to these Terms and any arrangements, Agreements and/or Contract for property SWAP between Owners is solely between the Owners. Owners use of the Short Stays Australia and New Zealand introductory platform indicates that: Owners have had sufficient opportunity to access, read and agree to not only these Terms but Short Stays Australia and New Zealand’s General Terms and Conditions, Privacy Policy and Payment Terms; Owners do not have any further questions or need clarification regarding Short Stays Australia and New Zealand’s Terms, and Policies; Owners have accepted and will comply with all Terms and Policies; Owners have the legal capacity to understand these Terms and the Owner is 18 years or older.

1.1 Creating a Listing.

An Owner can freely browse and view the website, profiles, and listings however not all Listings, SWAP pages and search engine features will be accessible until an Owner purchases a SWAP Membership. To create a Membership basic identification information will be required but is not limited to your full name, email address, contact number, location and a copy of a government issued identification document such as your driver’s license. Each Owner may only have 1 Account however 1 or more properties and vehicles for SWAP may be listed. Each Owner acknowledges and agrees that it is their responsibility to ensure their profile and listing(s) are up to date and accurate at all times.

1.2 Listing Information.

Short Stays Australia and New Zealand reserves the right to require that certain minimal information be included in every Listing and that information be presented in a particular format within the Listing. Such information may include but is not limited to the number of bedrooms, beds, bathrooms, when the property is available, if a vehicle swap is negotiable and any other applicable details, Terms specific to the property SWAP. If specific locations/time frames are preferred Owners are encouraged to list their top 5 preferred SWAP destinations in Australia and New Zealand and their preferred SWAP time frames to allow for more specific search options and SWAP matches. The property must also be accurately described regarding condition and cleanliness with pictures representing the true condition of the property.  All Host members are responsible for informing their Guests 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 any Accommodation. Owners can view profiles and listings and contact other Owners via the platforms messaging system to discuss possible arrangements with other Owners either before or after submitting a Booking Request.

1.3 SWAP Host Verification and Screening.

To become a “Verified” SWAP Host Short Stays Australia and New Zealand will review your sign-up details, proof of property ownership, 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 SWAP Booking commencing, whichever comes first. Additionally, each time you create a new SWAP Booking your details will again be reviewed on the Good to Book database. If a report has since been made your verification label 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 the other SWAP Owner of our findings. It is within the Owners sole right to decline a SWAP Booking Request or Cancel a confirmed SWAP Booking due to the information we provide.

Please review Short Stays Australia and New Zealand’s general Terms and Conditions for our Good to Book Disclaimer.

1.4 Security Deposit.

Short Stays Australia and New Zealand offers a home SWAP Security Deposit Management Service between the Host and Guest. As a SWAP Guest you are agreeing that Short Stays Australia and New Zealand Payments can authorise and capture the security deposit noted on the advertised Listing and Booking invoice 7-10 days prior to check-in. Security Deposits can be to the maximum value of $1000. If a SWAP Host submits a claim for i.e., Property or vehicle excess, damage, missing items, or unexpected cleaning costs caused by you or your guests and you are found to be responsible, Short Stays Australia and New Zealand Payments will refund the difference between the Security Deposit and claimed amount (always minus Transaction Fees), if any funds remain. To make a claim the Host must contact the Guest 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 72 hours of checkout or prior to the next Guest checking in (if applicable), whichever comes first. If the claim relates to a damaged item, proof of purchase must also be provided to the guest (i.e. receipt, invoice and/or item photo).

Once notified of the claim the Guest will have 72 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 refund any remaining funds (less Transaction Fees) and the claim will be finalised. If an Agreement cannot be reached or the Guest fails to respond to the damage claim notification, Short Stays Australia and New Zealand’s Dispute Resolution Team will reach out to the guest directly, review the claim, the Guests response (if applicable), assist to mediate and decide on an outcome deemed fair and reasonable within 3 business days. If our Dispute Resolution Team are unable to contact the Guest, we will proceed with the security deposit claim.

Pending no security deposit claims being presented within 72 hours of checking out the Total security deposit amount will be refunded without delay, minus Transaction Fees. Deposits may take up to 10 days to return to your account, time frames are dependent on your financial institution’s transaction processes.

If the Host does not have all the required documents within 72 hours (for example, if the Host is waiting for a repair estimate), the Host must request a claim extension within 72 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 the Guests Security Deposit will be refunded (minus Transaction Fees). If an extension is requested by the Host, the Guest will be notified via email.

Please note Short Stays Australia and New Zealand’s SWAP Security Deposit Terms differ to the Short Stays Australia and New Zealand General Terms.

1.5 Accommodation Bookings/Checkout.

Guests agree to leave the accommodation no later than the checkout time that each Host specifies in the Listing, or such other time mutually agreed upon. If Guests stay past the agreed upon checkout time without the Host’s consent, Guests no longer have a license to stay in the accommodation and the Host is entitled to make the Guests leave in a manner consistent with applicable law.

For Hosts who encounter Guests Overstaying at the SWAP accommodation, please contact our Short Stays Australia and New Zealand team immediately on support@shortstays.au.

1.6 Public Disruption Policy.

Short Stays Australia and New Zealand has zero tolerance for Guest who display disrespectful and disruptive behavior in any community. This Policy covers our explicit ban on disruptive gatherings and disturbances at a property or in the community during a booked SWAP.

Short Stays Australia and New Zealand strictly prohibits:       

• Open-invite gatherings (regardless of size)

• Disruptive 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 SWAP and Guests fail to comply with our Public Disturbance Policy, Short Stays Australia and New Zealand will review the complaint and in our sole discretion may choose to do any or all 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

• Immediately report the complaint to Hosts

• Remove the Guest from the Short Stays Australia and New Zealand platform

Additionally, following sufficient evidence being provided and in consult/support from the Short Stays Australia and New Zealand Dispute Resolution Team, your Host may choose to immediately cancel your SWAP Booking without any consequences.

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.

1.7 Reviews.

After each SWAP experience, the Guest and Host will have an opportunity to leave reviews. Reviews 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.

1.8 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.

1.9 Compulsory Home and Vehicle Insurance Cover.  

Owners are solely responsible for obtaining and maintaining valid homeowners, renters, vehicle, or other insurance as required by Law, in connection with their home SWAP. It is the responsibility of the Owner to review and understand their Insurance Cover to ensure their SWAP Guests have current comprehensive property and vehicle Insurance Cover. Legal requirements in relation to property and vehicle Insurance may be different in each local area, State/Territory and/or Country.

Owners must provide their SWAP Guests with evidence of their current comprehensive insurance policies for both the property and vehicle which includes covering all loss, liability and personal injury that may occur to any Third Party that is occupying or using the property and vehicle. Property and Vehicle Policy Excess amounts must also be disclosed.

PROPERTY SWAP GUIDELINES

2.0 Property Owner Responsibilities

• All land rates, levies, utilities, mortgage payments and body corporate fees that are payable by the Owner are paid for and

  will be paid for during the SWAP period unless both property Owners have otherwise

  mutually agreed in writing prior to the SWAP commencing.

• All fittings and appliances (as relevant) within

  the property must be in good working order immediately prior to the

  commencement of any SWAP period.

• The property Owner is responsible for the cost

  of any repairs required to be made to the property attributable to normal wear

  and tear including any fittings, appliances, and contents (as relevant) during

  the SWAP period. 

2.0 Guest Responsibilities

• Guests must immediately report to the Owner/Owners Representative any loss, liability and personal injury that occurs to any Third Party (including themselves) who is occupying or using the property which results from an act (or failure to act) of any Third Party (including themselves) during the SWAP period.

• Guests will not do anything or authorise any Third Party to do anything that could terminate or invalidate any insurance cover for the property.

• If repairs are required and are attributed to neglect or misuse by an occupying Guest, the Guest is required to pay for such damages following receipts being provided.

• Guests will be responsible for maintaining lawns, gardens and pools and any minor costs such as but not limited to replacing light bulbs.

• Guests will keep the home clean and tidy and replace any broken items with items of comparable use and quality in consult with the Owner/Owners Representative.

VEHICLE SWAP GUIDELINES

2.2 Vehicle Owner Responsibilities

• We recommend requesting a copy of your Guests driver’s lisence to ensure they are legally permitted to drive the vehicle provided. 

• Vehicle Owners must also contact their vehicle insurance providers and list the SWAP Guests as drivers so a claim can be made (if required) by the Guest whilst the SWAP Agreement is in place.

• Please note: Most insurers require a series of questions be answered with regards to driving, criminal and accident history for each driver that is added to a policy and this information may need to be requested from your Guests. Additionally, adding additional drivers may come at a small cost to the Owner. 

• The vehicle Owner represents and warrants that their vehicle complies with all relevant legal and regulatory requirements for use; is in good working condition, registered and has been recently serviced.

• The vehicle Owner is responsible for the cost of any repairs required to be made to the vehicle attributable to normal wear and tear during the SWAP period.

• Owners must provide a copy of the vehicles most recent service, registration documents, recent photos showing the condition of the vehicle and a list of the vehicle’s minor defects to their SWAP Guests.

2.3 Guest Responsibilities

• Guests are advised to thoroughly review the vehicle, vehicle photos and list of minor defects on arrival to the property and report any discrepancies to the Owner/Owners Representative as soon as possible. 

• Guests must immediately report to the Owner/Owners Representative and Owners insurance provider any loss, liability and personal injury that occurs to any Third Party (including themselves) who is occupying or using the vehicle which results from an act (or failure to act) of any Third Party (including themselves) during the SWAP period.

• Guests will not do anything or authorise any Third Party to do anything that could terminate or invalidate any insurance cover for the vehicle.

• If repairs are required and are attributed to neglect or misuse of the vehicle by an occupying Guest, the Guest is required to pay for any damages following receipts being provided.

• Guests must always keep the vehicle clean and tidy.

For the avoidance of doubt, Short Stays Australia and New Zealand assumes no responsibility for and makes no representations or warranties for an Owners/Guests compliance with any applicable Laws, rules, regulations, or these Terms including compliance with the guidelines/responsibilities.

2.4 Insurance Claims, Excess and Road Tolls.

The occupying Guests will be responsible for paying all insurance company excess Fees for both the property and vehicle if at fault and/or a claim needs to be made during or after the SWAP Agreement has been completed. The occupying Guest is responsible for paying any road toll Fees that are invoiced to the vehicle Owner during or after the SWAP Agreement has taken place so long as the dates and times coincide with when the SWAP Agreement took place. The vehicle Owner will be responsible for any late Fees associated if the notice is not passed on in a timely manner.

2.5 House Rules.

Occupying SWAP Guests will be responsible for adhering to the property rules as set by the property Owner prior to the SWAP Agreement commencing.

2.6 Owners Representative.

If a property Owner may not be contactable at all times (24 hours/7 days a week) during the SWAP period it is a requirement that Owners appoint and provide the contact details of a local representative in the event that their Guests need assistance.

The Owners Representative is responsible for and must have authority to authorise any repairs to the Owners house and/or vehicle irrespective of who is responsible for the cost of the repairs. Where the Guest is responsible for the cost of the repairs, the Owners Representative must provide an invoice of the costs and expenses incurred for the repairs.

Guests must permit the Owners Representative to inspect the home and/or vehicle with reasonable notice. Where an inspection is required because of an emergency no notice is required.

2.7 Your Assumption of Risk. 

Owners 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 SWAP 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 Services and that you are not relying upon any statement of Law made by Short Stays Australia and New Zealand. 

Each Owner is required to report to Short Stays Australia and New Zealand, any activities or requests from Owners which are, or believed to be: suspicious; inconsistent; illegal; or likely to have a negative effect on the reputation of Short Stays Australia and New Zealand as a company, website, and service. Owners acknowledge and agree that while the website allows Owners to communicate with each other, Owners are encouraged not to share their own personal email nor are Owners permitted to share the contact information of other Owners under any circumstances.

SHORT STAYS AUSTRALIA AND NEW ZEALAND PLATFORM RULES.

2.8 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. 

3.1 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. 

2.9 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.  

TERMINATION, SUSPENSION AND OTHER MEASURES.

3.0 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. 

3.1 Termination.

You may terminate this Agreement at any time by deleting your Account 1 month 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 day’s 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. 

3.2 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. 

3.3 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.

3.4 Effect of Termination.

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. 

3.5 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. 

3.6 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. 

3.7 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. 

3.8 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. 

3.9 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. 

3.10 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. 

ARBITRATION AGREEMENT

4.0 Dispute Resolution and Arbitration Agreement. 

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. 

4.1 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. 

4.2 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).

4.3 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. 

4.4 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). 

4.5 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. 

4.6 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. 

4.7 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. 

4.8 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.

4.9 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. 

4.10 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. 

4.11 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. 

4.12 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. 

MISCELLANEOUS

5.0 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. 

5.1 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. 

5.2 Other Terms Incorporated by Reference.

Our Extenuating Circumstances Policy, Policies, Standards and other supplemental policies and Terms linked to in these Terms, or our general 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. 

5.3 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.

5.4 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. 

5.5 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. 

5.6 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.

5.7 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. 

5.8 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.

5.9 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. 

5.10 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. 

5.11 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. 

CONTACT US

If you have any questions about these Terms, please email us at support@shortstays.au.  

Last Updated: 10 August 2024