PAYMENT TERMS

YOUR USE OF THE PAYMENT SERVICES

1.1 Short Stays Australia and New Zealand Payment Services.

These Payment Terms of Service states Short Stays Australia and New Zealand, and its affiliates (“we,” “us,” “our,” or “Short Stays Australia and New Zealand”), strict Terms of use. By using our Payments Services, you agree to comply with these Payments Terms. Short Stays Australia and New Zealand Payments may temporarily limit or suspend your access to or use of our Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Short Stays Australia and New Zealand Payments may improve, enhance, and modify the Payment Services and introduce new Payment Services from time to time.

1.2 Third Party Services.

The Payment Services may contain links to Third-Party websites or resources (“Third Party Services”). Such Third-Party Services are subject to different Terms of Service and Privacy Policies, and members should review them. Short Stays Australia and New Zealand Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Short Stays Australia and New Zealand Payments of those Third-Party Services.

1.3 Your Account.

Short Stays Australia and New Zealand Payments may enable features that allow you to authorise other members or Third Parties to take certain actions that affect your Short Stays Australia and New Zealand Account. You may authorise a Third-Party to use your Short Stays Australia and New Zealand Account if the feature is enabled for your Short Stays Australia and New Zealand Account. You acknowledge and agree that anyone you authorise to use your Short Stays Australia and New Zealand Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person or Third-Party.

1.4 Verification.

You authorise Short Stays Australia and New Zealand Payments, directly or through Third Parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against Third-Party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Short Stays Australia and New Zealand Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

1.5 Additional Terms.

Your access to or use of certain Payment Services may be subject to, or require you to accept, additional Terms and Conditions. If there is a conflict between these Payments Terms and Terms and Conditions applicable to a specific Payment Service, the latter Terms and Conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

GUEST TERMS

2.1 Adding a Payment Method.

When you add a Payment Method to your Short Stays Australia and New Zealand Account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Short Stays Australia and New Zealand Payments or its Third-Party Payment processor(s). You authorise Short Stays Australia and New Zealand Payments and its Payment Service providers to collect and store your Payment Method information.

2.2 Payment Authorisation.

You allow Short Stays Australia and New Zealand Payments to charge your Payment Method (including charging more than one Payment Method), either directly or indirectly, for all Fees due (including any applicable taxes) in connection with your Short Stays Australia and New Zealand Account. This may include but is not limited to Total Booking costs, Security Deposit Claims, and any additional Service Fees, Transaction Fees, and/or Experience Fees.

2.3 Automatic Update of Payment Method. 

If your Payment Method’s Account information changes (e.g., account number, CCV, expiration date) because of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.

2.4 Timing of Payment.

Short Stays Australia and New Zealand Payments captures the Total price due when you click ‘Instant Booking’ or after the Host accepts your ‘Booking Request’. If Short Stays Australia and New Zealand Payments is unable to collect the Total price due when your Booking Request is Accepted, Short Stays Australia and New Zealand Payments will notify you. If the Total Payment cannot successfully be collected our Team will contact you. If the issue cannot immediately be resolved your Booking Request will be cancelled.

2.5 Short Stays Australia and New Zealand’s Payment Obligations.

Each Guest acknowledges and agrees that, notwithstanding the fact that Short Stays Australia and New Zealand is not a party to the Agreement between you and the Host(s), including each Host Team member, Short Stays Australia and New Zealand acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to Short Stays Australia and New Zealand, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and Short Stays Australia and New Zealand is responsible for remitting the funds successfully received by Short Stays Australia and New Zealand to the Host(s) in the manner described in these Payments Terms. If Short Stays Australia and New Zealand do not remit any such amounts, the Host(s) will have recourse only against Short Stays Australia and New Zealand and not the Guest directly.

2.6 Currency.

Payment Currency. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, and/or your Short Stays Australia and New Zealand Payments contracting entity(ies). Any such limitations will be communicated via the Short Stays Australia and New Zealand platform, and you will be prompted to select a different currency or Payment Method. Note that if your Short Stays Australia and New Zealand Payments contracting entity’s location is different than the country of your Payment Method, or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside of your country of residence. As a result, certain
Fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. Short Stays Australia and New Zealand Payments is not responsible for any such Fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these Fees or the applicable exchange rate.

2.7 Booking Request Status.

If a requested Booking is declined either because it is not accepted by the Host or you cancel the Booking Request before it is accepted by the Host, any amounts authorised by Short Stays Australia and New Zealand Payments will be reversed immediately but may take your financial institution 24-hours to show the release of these funds in your account.

2.8 Payment Service Providers.

Payment Methods may involve the use of Third-Party Payment Service providers. These Payment Service providers may charge you additional Fees when processing payments in connection with the Payment Services, and Short Stays Australia and New Zealand Payments is not responsible for any such Fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional Terms of use. Please review them before using your Payment Method.

2.9 Your Payment Method, Your Responsibility.

Short Stays Australia and New Zealand Payments is not responsible for any loss suffered by you because of incorrect Payment Method information provided by you.

2.10 Payment Plan.

Short Stays Australia and New Zealand Payments may make available to Guests the option to pay a portion of the Booking’s Total price at the time of Booking and pay the remainder of the Total price later, prior to check-in (“Payment Plan”). Availability of this option may depend on the Listing and/or Payment Method. If you choose a Payment Plan, Short Stays Australia and New Zealand will notify you during check out of the amount, currency and schedule of each payment due. On the following payments due date, Short Stays Australia and New Zealand Payments will automatically charge the original Payment Method used to make the Booking. If you make a Modification to a Booking with a Payment Plan, Short Stays Australia and New Zealand will notify you of the revised payment schedule, as applicable. If the Modification increases your Total price, you may be required to make an additional partial payment of the new Total Price at the time of the Modification. You agree that by selecting a Payment Plan, you may not be able to pay for the Booking with a different Payment Method or pursuant to a different payment schedule. If Short Stays Australia and New Zealand is unable to collect your payment, we will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 48 hours of the notice. If you fail to complete the payment, you authorise Short Stays Australia and New Zealand to cancel the Booking on your behalf. If the Booking is cancelled, you will be refunded based on the Host’s Cancellation Policy. You acknowledge that you may incur additional Fees for cancellations inclusive of Short Stays Australia and New Zealand’s Host Service Fee, Guest Booking Fee and Transaction Fees.

2.11 Recurring Payments.

For certain Bookings (such as for Accommodation Bookings of 28 nights or more), Short Stays Australia and New Zealand may require a Guest to make recurring, incremental payments toward the Total price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available if applicable to a Booking. If Recurring Payments apply to a confirmed Booking, then the Guest authorises Short Stays Australia and New Zealand Payments to collect the Recurring Payment to the value of the Total Price due from the Payment Method provided at Booking. Guests may stop a Recurring Payment by notifying Short Stays Australia and New Zealand via support@shortstays.au at least 3 business days before the scheduled date of the payment. 

2.12 Cancellation Policies.

Guests should review their Booking’s Cancellation Policy prior to Booking and if possible, make changes during their cancellation window to avoid additional cancellation costs. Cancellation Policies are set by Hosts in advance to ensure their booking system and process is seamless. If Guests do need to cancel or reschedule for reasons outside their control, please also review Short Stays Australia and New Zealand ‘s Extenuating Circumstances Policy in our General Terms for additional consideration.

2.13 Policies Conditions.

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 a Guest cancels at least 60 days before check in.

                50 % refund (minus the Service Fee and Transaction Fee) if a Guest cancels at least 30 days before check in.

                No refund if a Guest cancels less than 30 days before check in.

• 30/14 Cancellation Policy:

                100 % refund (minus Transaction Fees) if a Guest cancels at least 30 days before check in.

                50 % refund (minus the Service Fee and Transaction Fee) if a Guest cancels at least 14 days before check in.

                No refund if a Guest cancels less than 14 days before check in.

• 14/7 Cancellation Policy:

                100 % refund (minus Transaction Fees) if a Guest cancels at least 14 days before check in.

                50 % refund (minus the Service Fee and Transaction Fee) if a Guest cancels at least 7 days before check in.

                No refund if a Guest cancels less than 7 days before check in.

• No refunds conditions:

                Bookings are non-refundable.

HOST TERMS

3.1 Payment Collection.

Short Stays Australia and New Zealand generally collects the Total price of a Booking immediately following an Instant Booking or at the time the Guests Booking Request is accepted by the Host, unless noted otherwise.

3.2 Adding a Payout Method.

To receive a Payout, you must have a valid Payout Method linked to your Account. When you add a Payout Method to your Account, you may be asked to provide billing information such as name, government identification, Tax File Number, GST information, billing address, and financial instrument information either to Short Stays Australia and New Zealand or its Third-Party Payment processor(s). You authorise Short Stays Australia and New Zealand to collect and store your billing information and financial instrument
information. Short Stays Australia and New Zealand may also share your information with governmental authorities as required by applicable Law.

3.3 Timing of Payout.

Subject to and conditional upon successful receipt of the Payments from the Guest, Short Stays Australia and New Zealand Payments will process Payouts to your selected Payout Method for Accommodations and Experiences 24 hours after the Guests scheduled check-in time (or 24 hours after 3PM AEST if the check-in time is flexible or not specified). For Accommodation Bookings 28 nights or more, we will initiate the first payout 14 days after the Guests scheduled check-in time and will initiate future payouts every 14 days after the initial payout, for the duration of the Booking.

Short Stays Australia and New Zealand may offer Hosts a different Payout time or trigger for payment, which may be subject to additional Terms and Conditions. Such Payout timelines may be updated once the Host meets certain eligibility criteria. The time it takes to receive Payouts once released by Short Stays Australia and New Zealand may depend upon your financial institution and the Payout Method you select.

3.4 Payout Amount.

Your Payout for a Booking will be the Total Price less applicable Fees like Service Fees and taxes (if applicable). Host Service Fee summaries can be found on our website FAQ’s. In the event of cancellation of a confirmed Booking, Short Stays Australia and New Zealand will remit the amount you are due (if any) as provided in the Terms and applicable Cancellation Policy.

3.5 Payout Restrictions.

Short Stays Australia and New Zealand may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, Short Stays Australia and New Zealand may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms because of high-volume Booking cancellations or modifications arising from a Force Majeure Events.

3.6 Currency Conversion.

Short Stays Australia and New Zealand may provide an option to process your Payouts in the currency you select via our website. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your contracting entity(ies). If this option is available it will be communicated via our website or Third-Party Payout Services, and you will be prompted to select a different currency or Payout Method. Note that Payment Service providers may impose transaction, currency conversion or other Fees based on the currency or Payout Method you select, and Short Stays Australia and New Zealand is not responsible for any such Fees and disclaims all liability in this regard.

3.7 Limits on Payouts.

For compliance or operational reasons, Short Stays Australia and New Zealand may limit the amount of a Payout. If you are due an amount above that limit, we may make a series of Payouts (potentially over multiple days) to provide your full Payout amount. Short Stays Australia and New Zealand will notify you prior if this is to occur.

3.8 Payment Service Providers.

Payout Methods may involve the use of Third-Party Payment Service providers. These Payment Service providers may charge you Additional Fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout Amount), and Short Stays Australia and New Zealand is not responsible for any such Fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional Terms of use. Please review them before using your Payout Method.

3.9 Handling of Funds.

Short Stays Australia and New Zealand may combine amounts that it collects from Guests and invest them as permitted under applicable Laws. Short Stays Australia and New Zealand will retain any interest it earns on those investments.

3.10 Your Payout Method, Your Responsibility.

Short Stays Australia and New Zealand is not responsible for any loss suffered by you because of incorrect Payout Method information provided by you.

3.11 Split Payouts.

If you provide Host Services jointly with a Co-Hosts as part of a team, business, or other organization (“Host Team”), Short Stays Australia and New Zealand may make available to such Hosts the option to allocate a percentage of the Total Payout to individual members of the Host Team. Short Stays Australia and New Zealand is not responsible for any losses related to errors or omissions made by the Hosts in providing such payment instructions.

4. Payment Collection Agent.

Each Host, including each Host Team member, hereby appoints Short Stays Australia and New Zealand as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.

4.1 Payout Conditions.

Each Host, including each Host Team member, agrees that payments made by a Guest through Short Stays Australia and New Zealand, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service Booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that Short Stays Australia and New Zealand may refund the Guest in accordance with the Terms. Each Host understands that Short Stays Australia and New Zealand Payments obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. Short Stays Australia and New Zealand guarantees payments to Host(s) only for such amounts that have been successfully received by Short Stays Australia and New Zealand from Guests in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, Short Stays Australia and New Zealand assumes no liability for any acts or omissions of the Host.

GENERAL TERMS

5.1 Payment Authorisations.

Guests and Hosts authorise Short Stays Australia and New Zealand to collect amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant Booking, or any other Payment Method on file that you authorise in your Account (unless you have previously removed the authorisation to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorise Short Stays Australia and New Zealand to collect from you:

• Any amount due to Short Stays Australia and New Zealand (e.g., because of your Bookings, Booking Modifications, Cancellations, or other actions as a Guest or Host), including reimbursement for costs prepaid by Short Stays Australia and New Zealand on your behalf. Any funds collected by Short Stays Australia and New Zealand will set off the amount owed by you to Short Stays Australia and New Zealand and extinguish your obligation to Short Stays Australia and New Zealand.

• Any amount due to a Host from a Guest which Short Stays Australia and New Zealand collects as the Host’s payment collection agent.

• Taxes, Service Fees and Booking Fees where applicable as set out in the Terms or via our website.

• Any amount you are legally obligated to pay due to a decision made by the Dispute Resolution Team in connection with a Security Deposit under the Terms, including any cost and expenses incurred in collecting these funds.

• Any amounts already paid to you as a Host despite a Guest cancelling a confirmed Booking or Short Stays Australia and New Zealand deciding that it is necessary to cancel a Booking in accordance with the Terms, Extenuating Circumstances Policy, or any other applicable Cancellation Policy.

• You agree that in the event you have already been paid, Short Stays Australia and New Zealand will be entitled to recover the amount of any such Guest Refund from you, including by subtracting such Refund amount out from any future Payouts due to you. In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged Fees that are incidental to Short Stays Australia and New Zealand collection of these delinquent amounts and chargebacks. Such Fees or charges may include Collection Fees, Administrative Fees, or other Third-Party charges.

5.2 Collections.

If Short Stays Australia and New Zealand is unable to collect any amounts you owe under these Payments Terms, Short Stays Australia and New Zealand may engage in collection efforts to recover such amounts from you.

Short Stays Australia and New Zealand will deem any owed amounts overdue when: (a) for authorised charges, 120 days have elapsed after Short Stays Australia and New Zealand first attempts to charge your Payment Method or the associated Services have been provided, whichever is later; and (b) for withholdings from a Hosts future Payouts, 270 days have elapsed after the adjustment is made to the Hosts Account or the associated Services have been provided, whichever is later.

Short Stays Australia and New Zealand will deem any overdue amounts not collected to be in default when 365 days have elapsed: (a) for authorised charges, after Short Stays Australia and New Zealand first attempts to charge your Payment Method or the associated Services have been provided, whichever is later; and (b) for withholdings from a Hosts future Payouts, after the adjustment is made to the Hosts Account or the associated Services have been provided, whichever is later.

You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Short Stays Australia and New Zealand by you. Such communications may be made by Short Stays Australia and New Zealand, or by anyone on their behalf, including but not limited to a Third-Party collection agent.

5.3 Payment Processing Errors

Short Stays Australia and New Zealand will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Short Stays Australia and New Zealand or a Third Party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you. To the extent you receive any funds in error, you agree to immediately return such funds to Short Stays Australia and New Zealand.

6. Refunds. 

Any refunds or credits due to a member pursuant to our Terms and Conditions will be initiated and remitted by Short Stays Australia and New Zealand in accordance with these Payments Terms. Short Stays Australia and New Zealand will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Short Stays Australia and New Zealand will initiate and process the refund as soon as is practicable. 

7. Abandoned.

If Short Stays Australia and New Zealand holds funds due to you (e.g., because we are unable to issue you a Payout or Refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property Laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property Laws.

8. Prohibited Activities.

You are solely responsible for compliance with all Laws, rules, Regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not, and you agree that you will not and will not assist or enable others to:

• Breach or circumvent any applicable Laws or Regulations.

• Breach or circumvent any Agreements with Third Parties, Third-Party rights, or the Terms, Policies, or Standards.

• Use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms.

• Register or use any Payment Method or Payout Method with your Account that is not yours or you do not have authorisation to use.

• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Short Stays Australia and New Zealand or any other Third Party to protect the Payment Services.

• Take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services.

• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services.

• Violate or infringe anyone else’s rights or otherwise cause harm to anyone.

9. Force Majeure.

Short Stays Australia and New Zealand shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Short Stays Australia and New Zealand, 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 (“Force Majeure Event”).

10. Disclaimers.

If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by Law, the Payment Services are provided “as is”, without warranty of any kind, either expressed or implied. Notwithstanding Short Stays Australia and New Zealand’s appointment as the limited payment collection agent of Hosts, Short Stays Australia and New Zealand explicitly disclaims all liability for any act or omission of any member or other Third-Party. Short Stays Australia and New Zealand does not have any duties or obligations as agents for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by Law are, to the maximum extent permitted by applicable Law, expressly excluded.

11. Liability.

You acknowledge and agree that, to the maximum extent permitted by Law, the entire risk arising out of your access to, and use of the Payment Services remains with you. If you permit or authorise another person to use your Account in any way, you are responsible for the actions taken by that person. Neither Short Stays Australia and New Zealand nor any other party involved in creating, producing, or delivering the Payment Services 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 Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment 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 forth herein is found to have failed of its essential purpose.

12. Indemnification.

To the maximum extent permitted by applicable Law, you agree to release, defend (at Short Stays Australia and New Zealand’s option), indemnify, and hold Short Stays Australia and New Zealand and its affiliates and subsidiaries, and their officers, directors, employees, and agents, 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 Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any Laws, Regulations, or Third-Party rights.

13. Modification, Term, Termination, and other Measures.

13.1 Modification.

Except as otherwise required by applicable Law, Short Stays Australia and New Zealand may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the Short Stays Australia and New Zealand Platform and update the “Last Updated” date at the bottom of these Payment Terms. We will also provide you with notice of the modifications at least 30 days before the date they become effective. If you do not terminate your Agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.

13.2 Term.

This Agreement between you and Short Stays Australia and New Zealand reflected by these Payment Terms is effective when you create an Account or use the Payment Services and remains in effect until either you or we terminate this Agreement.

13.3 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. 

13.4 Suspension and Other Measures.

Short Stays Australia and New Zealand may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable Law, or at the request of a court, Law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable Laws, Regulations or Third-Party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method(s), (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Short Stays Australia and New Zealand believes in good faith that such action is reasonably necessary to protect the personal safety or property of its members, Short Stays Australia and New Zealand or Third Parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method.

13.5 Appeal.

If Short Stays Australia and New Zealand takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting us via support@shortstays.au.

13.6 Effect of Termination.

If you cancel your Account as a Host or Guest or Short Stays Australia and New Zealand takes any of the measures described above, Short Stays Australia and New Zealand may provide a full refund to any Guests with confirmed Booking(s), and you will not be entitled to any compensation for pending or confirmed Bookings that were cancelled. If you cancel your Account as a Guest, Short Stays Australia and New Zealand will initiate a refund for any confirmed Booking(s) based on the Listing’s Cancellation Policy. If your access to or use of your Account has been suspended or limited or this Agreement has been terminated by us, you may not register a new Account or attempt to access and use your Account through an Account of another member.

13.7 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. 

14. Governing Law

These Payments Terms will be interpreted in accordance with the Laws of the State of New South Wales, Australia without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement must be brought in state or federal court in New South Wales, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in New South Wales.

15. Miscellaneous

Interpreting these Payments Terms, except as they are be accompanied by our additional Terms and Conditions, Policies or Standards, these Payments Terms constitute the entire Agreement, between Short Stays Australia and New Zealand and you regarding the subject matter hereof and supersede any and all prior oral or written understandings or Agreements between Short Stays Australia and New Zealand and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

16. No Waiver.

Short Stays Australia and New Zealand’s failure to enforce any right or provision in these Payments 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 Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under Law.

17 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. 

18 Communication.

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. 

19. Additional Clauses for Users that are Businesses.

The following paragraphs also apply if you are using the Payment Services as a
representative (“Representative”) acting on behalf of a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).

You accept the Payment Terms and you will be responsible for any act or omission of employees or Third-Party agents using the Payment Service on your behalf. You and your Representative individually affirm that you are authorised to provide the information described in these Terms and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.

You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the Laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite
right, power, and authority to enter into this Agreement, perform your obligations, and grant the rights, licenses, and authorisations in this Agreement.

If you are using your Payment Method for the benefit of your employees or other authorised Third-Party in connection with Short Stays Australia and New Zealand, as permitted by your Account, you authorise Short Stays Australia and New Zealand to charge your Payment Method for Bookings requested by employees at your company or other permitted Third-Party.

For any Payout Method linked to your Account, you authorise Short Stays Australia and New Zealand to store the Payout Method, remit payments using the Payout Method for Bookings associated with your Account and take any other action as permitted in the Payments Terms in respect of the Payout Method.

If you handle, store or otherwise process payment card information on behalf of anyone or any Third-Party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. 

CONTACT US

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

Last Updated: 10 August 2024