Host Terms and Conditions
1. Introduction
1.1
Brunyislandaccommodation.com (“We” and/or “Us”) provides an online platform (the “Site”) to enable Property Owners (“Hosts” and/or “You”) to list Property for Short Stay Accommodation, and Guests to book such property (together constituting the “Services”). If You use the Site “brunyislandaccommodation.com”, or the Services provided by Brunyislandaccommodation.com, in your capacity as a Host, your use of the Site and its associated services is subject to these terms and conditions (the “Host Ts&Cs”). Booking payments conducted through the Site (the “Payment Services”) are handled by Brunyislandaccommodation.com and/or third party payment providers. Payment Services are subject to the additional terms and conditions of those third party payment providers.
1.2
The Host Ts&Cs together with the Privacy Policy govern the relationship between brunyislandaccommodation.com and any party which accesses or uses the Site to offer or list any Short Stay Accommodation including Hosts, or authorised representatives of Hosts.
1.3
The Host Ts&Cs constitute a legally binding agreement between brunyislandaccommodation.com and the Host. By using or accessing the Site or other brunyislandaccommodation.com platforms, You acknowledge that You agree to and are subject to the Host Ts&Cs. Please note that these Host Ts&Cs and our Privacy Policy apply to all Hosts. If You do not accept and agree to the Host Ts&Cs without modification, You are not authorised to access or otherwise use the Site.
1.4
If the Host is a company, partnership or other entity, any person who uses the Site, and/or agrees to the Host Ts&Cs, on behalf of that Host, represents that it has the authority to bind the Host to these Host Ts&Cs.
1.5
Brunyislandaccommodation.com does not authorise anyone to register with this Site unless they are able to enter into legally binding contracts. Each Host represents and covenants that all information submitted to Us and to the Site during such Host’s registration with the Site shall be complete, true and correct. Each Host further agrees to promptly provide notice to the Site (using the Contact Form) regarding any updates to any such contact information previously submitted by such Hosts to the Site.
1.6
Brunyislandaccommodation.com may revise these Host Ts&Cs at any time by posting an updated version to the Site. You should visit the Site periodically to view the most current Host Ts&Cs because they are binding on You.
1.7
Hosts who violate the Hosts Ts&Cs may have their access and use of the Site suspended and their Listings amended and/or removed from the Site, at the discretion of Brunyislandaccommodation.com, in addition to any other legal rights and remedies available to Brunyislandaccommodation.com under these Host Ts&Cs or otherwise available to Brunyislandaccommodation.com
2. Limitations of Use
2.1
This Site is a platform which allows Hosts to list one or more Properties available for Short Stay Accommodation (each a “Property” and together the “Properties”) with different pricing formats to potential Guests (and all persons named on the booking) (each, a “Guest” and, collectively with Host, the “Users”). We may also offer online bookings, instant bookings or other tools or services to allow Users to communicate with each other and to enter into Short Stay Accommodation arrangements or other transactions with each other.
You are not to use the Site to transact business with, or receive payments from, Guests other than directly relates to the Services.
2.2
The Site acts only as a platform for Users to interact with each other. brunyislandaccommodation.com is not, and does not become, a party to any contractual relationship between Guests and Hosts in respect of any Booking, Property or Payment, and does not mediate between Guests and Hosts in the event of any dispute arising between them. You acknowledge and agree that Guests and Hosts will be responsible for performing the obligations of any such agreements, that brunyislandaccommodation.com is not a party to such agreements, with the exception of Site online Payment Services obligations.
2.3.
Responsibility for applicable laws, rules and regulations: Hosts agree they are responsible for and agree to abide by all laws, rules and regulations applicable to the Listing of their Property and the conduct of their business, including but not limited to any and all laws, rules, regulations, accommodation permit or other requirements relating to taxes, credit cards, data security, data and privacy, permits, planning or license requirements, local authority requirements, health and safety compliance and compliance with all anti-discrimination and housing laws, lease or other property restrictions as applicable. Please be aware that even though We are not a party to any Short Stay Accommodation transaction and assume no liability for legal or regulatory compliance pertaining to renting any Property listed on this Site, there may be circumstances where We are nevertheless obligated or required (as We may determine in our sole discretion) to provide information relating to any Listing in order to comply with governmental or regulatory bodies in relation to investigations, litigation or administrative proceedings, and We may choose to comply with or disregard such obligation in our sole discretion. Hosts who accept credit card, banking or other payment information from Guests agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements, applicable card association or network operating rules and/or policies and practices and/or the data security policies of brunyislandaccommodation.com and further agree to only collect and use such payment information in connection with an authorised Guest Booking and for no other purpose.
2.4
You agree not to provide any information for use on the Site that may be considered blasphemous, defamatory, harassing or otherwise contrary to law or public morality.
3. Listing & Short Stay Accommodation Terms and Conditions
3.1
Hosts are required to set the terms and conditions, if any, governing the Short Stay Accommodation of each Property You list through the Site. This includes your policy regarding cancellation of a Booking. These are referred to hereafter as your “Listing and Short Stay Accommodation Terms and Conditions”.
3.2
Hosts must ensure their Listing and Short Stay Accommodation Terms and Conditions are not discriminatory or otherwise contrary to law.
3.3
Hosts must provide only accurate and up to date information in each Listing (including the description, location, photos, rates, taxes and cancellation policy), and shall not impose different conditions on the Guests than those set out in the Listing. Failure to comply with the obligations set forth in these Host Ts&Cs may result in a Host’s permanent exclusion from the Site and from any of our affiliated sites.
3.4
Brunyislandaccommodation.com requires Hosts to verify the location of their Listing in their Dashboard. This includes information from Google Maps to appropriately place the Listing location on a map and in regional searches. The Host accepts that Google Maps is provided under Google’s terms and conditions and Brunyislandaccommodation.com will not be responsible for the functioning, accuracy or otherwise of Google Maps. The Host acknowledges and accepts that Google Maps’ service is not error free and the Host will ensure that the correct location of the Property is shown by Google Maps when using this service.
3.5
Brunyislandaccommodation.com reserves the right to decline to place any Listing for any reason, including any Listing which, in Brunyislandaccommodation.com discretion, is capable of infringing, or being associated with the infringement of, any provision of these Host Ts&Cs.
3.6
Listings will be displayed on the Site indefinitely; however Brunyislandaccommodation.com reserves the right to remove or refuse to publish any Listing at any time in its sole discretion. The Host can also suspend or remove their Listing at any time, through their dashboard or by contacting Brunyislandaccommodation.com in Contact Page section.
4. Bookings and Communications
4.1
Online bookings are required for all Listings. Hosts must manage communications, enquiries and bookings made through brunyislandaccommodation.com via the platform and tools on the Site. Use of external tools and or external processing of bookings made via the Site or affiliated brunyislandaccommodation.com platforms is strictly forbidden.
4.2
Once a request or booking has been placed via the Site, Hosts will be sent a message advising of the booking or offer via the Host’s designated contact channel. It is important that Hosts set up procedures to allow for all communications made through the designated contact channel to be actioned promptly.
4.3
Once a Booking has been made, a Guest may cancel the Booking via the Site or by contacting the Host directly.
4.4
Once the Booking is confirmed, Hosts should ensure a smooth check-in upon guest arrival. In the event of Guests being unable to check-in into a Host’s Property, the Host should accommodate the Guest (including all persons included in the Booking) in another property with the same or higher level in the same district or area. The above change (to accommodate Guests in another property), should not cause any additional charges for Brunyislandaccommodation.com or the Guests.
4.5
Communications using the Site and any other Services are available for review by the Guest and the Host who are party to the communication and by Brunyislandaccommodation.com representatives. Please note, in accordance with our security and account requirements, We may remove or redact information from such communications (for example, email addresses, phone numbers or other content We deem to be inappropriate or non-compliant with applicable laws and regulations). Hosts should print a copy for their own records of any message which is important – for example a payment receipt or a booking confirmation.
4.6
Messages sent via the Brunyislandaccommodation.com system should only relate to genuine Booking enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Brunyislandaccommodation.com systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of Users to a third party, unless You have the express permission from the User. E-mails and Site recommendations transmitted via the “recommend this site” function should only be sent with the recipient’s consent. You agree that You will protect other Users’ personal information in accordance with applicable laws and regulations and in any event, using a reasonable standard of care, and You assume all liability for the misuse, loss, or unauthorized transfer of such information.
4.7
The Host may activate a free SMS service, which informs Hosts about any incoming Guest enquiries and booking requests about Listings. The Host understands and accepts that SMS is not 100% reliable and may be subject to connectivity, disruption and blocking issues outside the control of Brunyislandaccommodation.com. Additionally, the use of SMS messages, particularly when travelling, may result in additional costs for Hosts from telecommunications and network providers which the Hosts agrees to accept when contracting the SMS service. The Host understands and accepts that SMS messages may be monitored and disclosed in accordance with the Privacy Policy.
4. 8
Brunyislandaccommodation.com has no responsibility for or involvement in, the communications between the Host and Guest.
5. Prices and Payment Terms for Listings
5.1
Hosts must provide Us with the prices for all Property You offer for rent through the Site. All such prices must be inclusive of all relevant charges (including GST, our service charges and commission and seasonal, weekend or public holiday surcharges). Under no circumstances, following confirmation of a Booking, are You to ask the Guests to make an additional payment for Short Stay Accommodation at the Property.
Hosts should ensure the Rates provided to Brunyislandaccommodation.com should not be higher than the Public Rate. If there is reduction of the Public Rate, Hosts shall update the Rate on the site immediately.
5. 2
Each Listing is listed without any upfront fee. In exchange the Host will be charged and must pay to Brunyislandaccommodation.com a commission of 8% of the total Rate set by the Host on every booking sourced through the Site (“the Commission”). Brunyislandaccommodation.com reserves the right to change the applicable method for calculating the Commission, with any changes to be notified to the Host at least 30 days before the new Commission calculation method is applied. The new Commission calculation method will be deemed accepted if the Host does not remove the Listing by the time the new Commission calculation method is applied.
5.3
A description of the applicable fees that apply to each Listing will be displayed when You list your property through the Site.
5.4
In addition to online bookings, online payments are required for all Listings. Online payments are handled by Brunyislandaccommodation.com and third party providers and are subject to the terms and conditions and privacy policies of such providers.
6. Guest Payments
6.1
Guest pay amounts to Brunyislandaccommodation.com. Brunyislandaccommodation.com will forward to the Host the amounts paid by the Guest, less Commission, and less any other applicable amounts. Brunyislandaccommodation.com will usually forward amounts owing to the Host within 24 hours after Guests check-in.
6.2
Security Deposits. For each property You list on the Site, You may specify a security deposit amount that Brunyislandaccommodation.com is to charge at the time of finalising a Guest’s Booking.
6.3
Where You specify that a security deposit is to be charged in respect of any Booking for a Property, Brunyislandaccommodation.com will request payment of the security deposit from the Guests at the time of finalising the Booking as a separate transaction from the payment booking deposit. This money will be held on trust for You in by Brunyislandaccommodation.com, including via a third party payment provider.
6.4
Following the conclusion of a Guest’s stay at a Property, it is the Host’s responsibility to inform Brunyislandaccommodation.com of any deductions to be made from the security deposit. If Brunyislandaccommodation.com does not receive an indication from You that a specified amount should be deducted from the security deposit taken from the Guests in respect of the Property within three (3) business days of the conclusion of the Guests’ stay, Brunyislandaccommodation.com will refund the full amount of the security deposit to the Guests.
6.5
Payments will be made in Australian Dollars (AU$) to your nominated Australian bank account.
7. Availability and Change of Ownership
7.1
If You no longer provide a Property for Short Stay Accommodation (whether on a permanent basis or due to a temporary issue), You must notify Us as soon as practicable advising of the Property no longer offered for Short Stay Accommodation and, optionally, the reason the Property is no longer offered (i.e. maintenance works, change of business etc.).
7.2
It is your responsibility to ensure that the calendar associated with each listed Property is properly up-to-date. Double booking of any Property, without reasonable justification, is grounds for either (i) suspension of your account or (ii) removal of the Property from the Site (either on a temporary or permanent basis).
7.3
As soon as practicable after accepting an offer to sell the Property You must inform Brunyislandaccommodation.com that the Property is to be sold. Unless agreed to the contrary, Brunyislandaccommodation.com will then suspend advertisement of the listing on the Site. If the intended sale does not take place, and You wish to again resume listing for Short Stay Accommodation, You must again contact Us advising of same so that Brunyislandaccommodation.com may remove the suspension. If Brunyislandaccommodation.com does not receive notification that the sale did not take place within 3 months (90) days of being informed of the proposed sale, Brunyislandaccommodation.com will assume that the sale took place and will delist the Property.
8. Guest Complaints
8.1
Hosts agree to handle all complaints regarding the Booking or the Property in a timely and proper manner. This means being courteous to the complainant at all times and providing evidence of your position as required.
8.2
If We are advised by a Guest that they believe that a complaint made against You has not been resolved in a timely or proper fashion, We will investigate the matter on the Guest’s behalf. If the complaint is warranted, We reserve the right to suspend your account, thus preventing Guests from booking your Property through Brunyislandaccommodation.com. The period of suspension will be at our discretion.
8.3
Brunyislandaccommodation.com reserves the right to charge You for time spent in, or levy a fixed fee for, investigating a complaint made by a Guest. Brunyislandaccommodation.com will not levy such charge where it is immediately clear that the complaint is not genuine or warranted.
9. Legal and Regulatory Compliance
9.1
Hosts are required to ensure they have complied with all laws and government regulations relating to use of your Property or Properties as Short Stay Accommodation.
9.2
Where Host’s Properties are subject to additional regulation, such as council regulations or strata body regulations, You are also required to ensure that your offer for Guests to use the Properties as Short Stay Accommodation is in compliance with all such regulations.
9.3
Hosts must notify Us immediately upon receiving any notification (including, but not limited to, verbal or written notification) that a Property is no longer in compliance with any law or regulation (including strata laws and/or council regulations) that prevents the Property from being used as Short Stay Accommodation.
9.4
Hosts accept and agree that for any period where a Property is not able to used in accordance with a Booking, any payments made to Hosts in accordance with that Booking must be repaid to Brunyislandaccommodation.com and that the amount so owing constitutes a debt that may be recovered by Brunyislandaccommodation.com. For the avoidance of doubt, this clause is intended to cover situations such as a Property no longer being able to be used as Short Stay Accommodation due to legal reasons and or where a Property has been sold in the time between taking the Booking from a Guests and the Guests being due to stay at the Property.
9.5
Hosts are required to comply with all taxation laws relating to the Short Stay Accommodation of one or more Properties. This includes calculating and remitting GST at the appropriate rate, where applicable.
9.6
Brunyislandaccommodation.com will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
10. Hosts’ Rights and Warranties
You represent and warrant to Brunyislandaccommodation.com the following:
10.1
The Host shall submit accurate and truthful information about their listing, personal identity, payment information, the Property offered in Listings and other communications using Brunyislandaccommodation.com platform.
10. 2
The Host is responsible for ensuring that their Listings do not infringe the law or the rights of any person or entity. Listings must not contain false information, personal insults, anything libelous, slanderous or defamatory, or anything that infringes copyright or data protection law.
10.3
You are responsible for damages to and by any Guests staying at your Property and You must have appropriate insurance to cover damages to and by any Guests staying at your Property. To avoid any doubt, and without limiting any other term or condition, Brunyislandaccommodation.com is not responsible for any injuries or damages associated with a Guest’s Booking at your Property.
10.4
You will not post reviews and/or comments to any forum or other aspect of the Site (including associated with Facebook Groups, Facebook pages, Instagram posts and Twitter feeds) with the intention of misleading or deceiving Guests as to any aspect of a Property or your management of same.
10. 5
Brunyislandaccommodation.com complies with its Privacy Policy. The Host authorises Brunyislandaccommodation.com to forward the Host’s contact details, including telephone number, to Guests in connection with a Property Booking. The Privacy Policy provides further details. Brunyislandaccommodation.com may where necessary (including to prevent fraudulent behaviour of a third party) give the Host’s contact details to a Guest. The Host accepts that they have read the Privacy Policy and consents to the processing of data as outlined in those policies.
10.6
User verification on the Internet is difficult and We cannot, and do not assume any responsibility for, the verification of each User’s purported identity. We encourage Hosts and Guests to communicate directly with each other through the tools available on the Site, though even this cannot guarantee the identity of the person with whom You are communicating. We further encourage You to take other reasonable measures to assure yourself of the other person’s identity.
You agree to the following:
a. Keep your login details including password and online ID for both your account with Us and your email account secure and strictly confidential, providing it only to authorised users of your accounts,
b. Instruct each person to whom You give your online ID and password that he or she is not to disclose it to any unauthorized person,
c. Notify Us immediately and select a new online ID and password if You believe your password for either your account with Us or your email account may have become known to an unauthorised person or has otherwise been compromised,
d. Notify Us immediately if You are contacted by anyone requesting your online ID and password. Further, if We suspect any unauthorised access to your account, upon our request, You agree to promptly change your ID and password and must take any other related action as We may reasonably request.
We discourage You from giving anyone access to your online ID and password for your account with Us and your email account. However, if You do give someone your online ID and online password, or if You fail to adequately safeguard such information, You are responsible for any and all transactions that the person performs while using your account with Us and/or your email account, even those transactions that are fraudulent or that You did not intend or want performed.
11. Rights and obligations of Brunyislandaccommodation.com
11.1
Brunyislandaccommodation.com represents and warrants to Hosts of the following:
11.2
Brunyislandaccommodation.com will take reasonable care in ensuring that all information provided by a Host has been accurately captured and displayed via the Site, but noting the technical limitations of reproducing and displaying images.
11.3
Brunyislandaccommodation.com may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Services or content without any prior notice or liability.
11.4
Brunyislandaccommodation.com engages parties whom it reasonably believes are able to provide a safe and secure platform for Guests to Book your Property.
11.5
Brunyislandaccommodation.com may occasionally undertake upgrades of the Site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the Site. Brunyislandaccommodation.com will, where possible, perform such maintenance at a time when most Users’ usage is least affected.
11.6
Subject to the search criteria applied by a Guest, the Properties will be listed on the site in accordance with the date they were registered with the Site.
11.7
Brunyislandaccommodation.com may conduct identity checks and ask for proof to establish the existence of a Property and/or an Host and ownership of the Property. The Host acknowledges that Brunyislandaccommodation.com is entitled to carry out identity checks and due diligence on the Host or to require the Host to prove the existence of a Property. If requested to do so, the Host agrees to promptly (and in any event within any period requested by Brunyislandaccommodation.com) supply to Brunyislandaccommodation.com such proof of identity or of a Property’s existence as Brunyislandaccommodation.com requests. Each Host acknowledges that failure to comply with any such request constitutes a breach of these Host Ts&Cs.
12. No warranty or representation in relation to certain things
Brunyislandaccommodation.com does not warrant or represent to Hosts of the following:
12. 1
Information and images provided by the Host in respect of any Property have been accurately captured or will be appropriately rendered through the Site.
12. 2
Hosts will receive any Bookings via the Site or that You will receive a minimum number of Bookings through the Site.
13. Liability
13.1
Brunyislandaccommodation.com does not provide liability insurance protection for the Host, any agent or contractor of the Host, or Guests. Regardless of whether a User obtains insurance coverage, Users are solely responsible for obtaining insurance coverage sufficient to protect their Property and/or users of their Property and/or use of the Property, as applicable. Hosts agree that they have or will obtain the appropriate insurance coverage sufficient to cover the Short Stay Accommodation of any and all Properties they List on the Site prior to the arrival of their Guests and will maintain adequate insurance coverage through the departure date of any Guests they have obtained via Brunyislandaccommodation.com.
The Host will be held solely and exclusively responsible for all the financial consequences resulting from loss or damage to Brunyislandaccommodation.com due to content or any program transmitted or sent by the Host that results in any damage to the hardware of software of Brunyislandaccommodation.com, including damaging the Site, system or data or by causing the failure of the Site, system or faults therein. The financial consequences mentioned above include reasonable legal fees.
14. Dispute Resolution
Each and every dispute between Brunyislandaccommodation.com and Hosts under this agreement must be resolved by timely and good faith negotiation between persons who have the authority to bind their respective party to any settlement so negotiated. If the parties are unable to negotiate a settlement of the dispute within fourteen (14) days of commencement of the negotiations, then the parties agree to submit the dispute to mediation with the mediator authorised to decide on who should bear the costs of the mediation.
15. Contacting Us
Any enquiry regarding hosting or Booking through Brunyislandaccommodation.com may be made using the contact form on our Contact Page.
16. Definitions applicable in these Host Terms and Conditions
“Booking”:
The act of a guest reserving or requesting to reserve your Property for Short Stay Accommodation based on a Listing on our platform. When you accept a booking request, or receive a booking confirmation through our platform, you are entering into a contract directly with the Guest, and are responsible for delivering Short Stay Accommodation under the terms and at the price specified in your Listing.
“Property”:
Premises that meet the requirements under the laws applicable in Tasmania to offer as Short Stay Accommodation. Each Property is offered for Short Stay Accommodation via a unique Listing on our platform.
“Property Owner”:
Is a legal person that owns a Property, and has the legal right to offer it for Short Stay Accommodation via our platform, and/or a representative duly authorised by that legal person.
“Guest”:
Is a person that makes a Booking for Short Stay Accommodation in accordance with a Property Owner’s Listing, and any additional persons nominated by the Guest at the time of Booking (or at a later date with a Property Owner’s permission).
“Privacy Policy”:
Is the Privacy Policy available on this platform, as updated from time to time.
“Short Stay Accommodation”:
Is a commercial arrangement by which a Property Owner gives a Guest the right to occupy the Property Owner’s Property for a period of not more than 27 days at any one time, or as otherwise defined by the laws of Tasmania, and does not constitute a residential tenancy agreement or commercial lease between Property Owner and Guest.
“Payment”:
Is the money received from Guests in accordance with a Booking made via this platform and transferred to a Property Owner, less any fees or commissions retained by us.
“Listing”:
Is the information provided by a Property Owner in relation to a Property offered for Short Stay Accommodation on our platform, including the Payment amounts and other terms associated with making a Booking.