Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
TERMS AND CONDITIONS
1 Introduction
(a) This website (Site) is operated by AirKeeper Pty Ltd (ABN: 47 616 317 205) (we, our or us). These terms and conditions (Terms) are between us and you, the person using the Site and asking us to manage your Property or wanting to make a Booking at a Property.
(b) The Site allows you to engage us for the Management Plan at your holiday rental property (Property). You may be choosing to book a stay at a Property we manage (Booking), and the number of people approved to stay at a Property are all Guests. Guests may book to stay at a Property for a short-stay or for a long term period where they rent a Property (Long Term Lease). We will manage the listing, Bookings, cleaning, styling and other essential services as part of our Management Plan.
(c) You accept these Terms by checking the box, making a Booking, clicking “I accept”, or creating an account on the Site.
THE FOLLOWING CLAUSES APPLY IF YOU ARE A PROPERTY OWNER:
2 Accounts
(a) You must create an account in order to subscribe to our Management Plans.
(b) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account.
3 Management Plans
(a) Your Management Plan is subject to a minimum term, as set out in your account. Without limiting your rights under the Australian Consumer Law, you may cancel your Management Plan prior to expiry of the Minimum Term subject to further charges. The commencement of the minimum term shall be determined based on the occurrence of the first paid guest at your property.
(b) Your Management Plan will roll over on an ongoing basis as set out in your account, unless you provide notice to us via email that you wish to cancel your Management Plan in accordance with the ‘Cancellation of Management Plan’ clause.
4 Our Obligation
(a) We will not be responsible for any aspect of a Management Plan unless expressly set out in your account.
(b) We agree to:
(1) provide the Management Plan as and when required in a professional and diligent manner and to the best of our ability;
(2) report to you any damage or loss we identify to or at the Property;
(3) in our sole discretion, replace damaged or lost items with items of a similar value or undertake repairs. The cost of such repair, if caused by a Guest, will be charged to the Guest’s credit card or (if applicable) be covered from the Waiver paid by Guests. For Bookings made via a booking platform, the damage will be covered under the Waiver if applicable or a money request will be formalised. The outcome of such claim is to be determined by the booking platform and while we will use reasonable endeavours to handle such claims to ensure a favourable outcome, the booking platform makes the final decision on outcomes and/or amount;
(4) assist you to lodge a claim with relevant insurance providers, if the process described in clause 3(b)(3), does not cover the cost. We will also work with you to rectify issues related to maintenance; and
(5) use best endeavours to ensure all Bookings are fully paid but will not be liable for any cancelled or unpaid Booking. If a Booking is disputed by a Guest retroactively and upheld by the booking platform, you will need to reimburse us the Price from that Booking, this will be deducted from future earnings or an invoice will be sent to the Property Owner.
(a) For the avoidance of doubt, we are not responsible for all or any damage sustained to the Property or to any items within the Property during, before or after any Booking.
(b) For the avoidance of doubt, we do not warrant or agree that we will provide any level of occupancy for the Property nor that it will be let for any particular period of time.
5 Your Obligations
(a) You represent, warrant and agree that:
(1) you are the owner of the Property or that you have the full and unfettered authority of the owner of the Property to agree to these terms;
(2) you own the copyright and/or have the authority to allow the unfettered use of any images or text supplied to us for marketing or other purposes and that we may use such images and/or text in whatever way we see fit for the purpose of marketing the Property or the Company;
(3) you will provide 2 sets of keys to all entrances and windows (where relevant) for a one bedroom Property and 3 sets of keys to all entrances and windows (where relevant) for any other Property;
(4) the Property and all items within the Property that can or may be used by any Guest are in good, effective and safe order;
(5) you are not aware of any actions, proceedings, claims or demands which would prevent the Property from being let to Guests or which would in any way prevent any Guest from enjoying a peaceful and undisturbed rental of the Property;
(6) the Property is capable of being used to provide the Management Plan and that there are no restrictions of any nature which would affect or impinge upon its ability to be let to Guests; and
(7) during a Booking, the Property and all of the contents of the Property are and will remain fully and effectively insured to their full value and that such insurance will cover all loss, damage and injury of any nature to a Guest or anyone in lawful occupation of the Property during the Booking, caused by the Property or any item within the Property.
(b) You have primary responsibility for all items in the Property. If any items have financial or sentimental value to you, you should consider removing these items from the Property.
(c) You agree to provide us with unfettered access to the Property (and the facilities at the Property) as is necessary for us to provide the Management Plan, free from harm or risk to health or safety to enable us to comply with our obligations under these Terms or at Law. You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause.
(d) You are entitled to make personal use of the Property, provided it does not conflict with an existing booking. Before doing so, you must check the online portal for availability and then email us the desired dates. You must pay for any services included in the Management Plan (such as cleaning and linen) used during your stay. If you cancel or decline confirmed bookings for personal use, you agree to pay any administrative charges incurred by us from booking platforms.
(e) You agree that, subject to clause 10, you will honour all Bookings made prior to the termination of these Terms whether or not notice of that Booking has been given to the Guest and whether or not a Booking relates to a period after your Management Plan has been terminated.
6 Exclusivity of Service
(a) Nothing in these Terms will restrict us from providing the Services to any other entity, provided that such business does not conflict with our obligations, as outlined in clause 4.
(b) During the Term, you agree that you will engage no other person, firm, company or entity to provide services the same or similar to the Management Plan in respect of the Property.
7 Price, Expenses and payments
(a) We will calculate the Price by deducting the following amounts from the gross rent paid by Guests for the relevant Booking:
(1) all fees and due taxes and any other charge or expense that has occurred on behalf of the Property (including any Platform Fees);
(2) Management Fees; and
(3) the Cleaning Fee; and
(4) Damage waiver fee
(4) where Bookings are made via our Site by Guests, a 7% booking and administration fee.
(b) For any Long Term Lease, we will charge 6% + GST plus a 2-week letting fee. This only applies if the Booking is subject to a legally binding residential tenancy agreement.
(c) You will be charged the Price according to the Management Plan you select in your account. Each Friday, if there are Bookings to be paid, you will receive the remaining profit from the Booking, following our deduction of the Price (the Billing Date).
(d) We agree to notify you of all expenses incurred by us in the course of providing the Management Plan. You agree that these deductions (such as those related to cleaning or initial bed set ups) will be dependent on size and the requirements of the Property.
(e) You agree that we may also charge to you the amount due for these minor repairs, due taxes, price for any emergency repairs, and any other charge or expense. We will provide you with a breakdown of all the expenses we have incurred on your behalf in providing the Management Plan and this will become a debt due and payable by you to us.
(f) You also agree to pay any amounts owed to us as a result of us providing the Management Plan which are not covered by the Price within 14 days of receiving an invoice from us.
(g) We will organise for cleaning following the departure of a Guest to be paid from the Cleaning Fee. Any further cleaning that is required (i.e. a deep clean) that is not covered by the Cleaning Fee or the Deposit, will be deducted from rental income received from Guests over the course of the relevant Booking.
(h) You agree that we will perform a deep clean at your Property every 6 months to restore it in accordance with its Condition Report. The cost will be deducted from rental income received from Guests. If you don’t hold any funds, an invoice will be sent to you. You can choose to have this deep clean performed by us or by another third party of your choosing.
(i) If the keys and/or any access pass to the Property are lost or stolen by a Guest, we deduct a fee from the Guest’s credit card, or we will lodge a claim with the booking platform. For Bookings made via a booking platform, coverage of these amounts may involve a money request. The outcome of such a claim is to be determined by the booking platform and while we will use reasonable endeavours to handle such claims to ensure a favourable outcome, the booking platform makes the final decision on outcome and/or amount. If the amount cannot be recovered from the Guest, an invoice will be sent to you.
(j) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(k) The payment methods we offer to our guests are set out on the Site. We may offer payment through a third-party provider, such as Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
(l) We may from time to time issue promotional offers for discounts on our Management Plans for a 12 month period starting from your first booking. We note that any promotional offer will only be valid where your Management Plan exceeds 12 months starting from the first Booking. If the Client terminates the contract within 12 months of starting with a special commission discount, then said savings will be recuperated by us in the form of an invoice.
(m) We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
(n) If you cancel your Management Plan and there are outstanding fees and debts to be paid, we will undertake this work and it will become a debt due and payable by you to us. We will provide you with a breakdown of all the expenses we have incurred on your behalf in providing the services in the Management Plan in the form of an invoice.
(o) You agree that any overdue payment may cause us to stop providing the Management Plan, and take steps to recover the overdue monies.
(p) We may need to change the Management Fees. If we change the Management Fees, we will provide you with 14 days’ notice of the change. After 14 days, we will apply the new Management Fees. If you do not agree with the new Management Fees, you may cancel your Management Plan in accordance with these terms.
(q) We may, in our sole discretion, hold a payment for 30 days before remitting any funds to the Property Owner. For example, we may exercise this discretion where we determine there is a risk the Guest may cancel their payment for a Booking with their bank.
8 Repairs
(a) You agree that we may coordinate any minor repairs that may be required to the Property and incur expenses on your behalf up to a maximum of $300 excluding GST (Repair Cost). If the Repair Cost exceeds $300 excluding GST or if any repairs required are extensive or of a complicated nature, we will first seek your consent and authorisation prior to arranging for the repairs and incurring an expense.
(b) In the case of emergency or urgent repairs (whether to make the Property safe for occupation by a Guest, or to meet the description of the Property) you agree with are authorised to carry out such repairs and we will invoice for any amounts incurred by us in carrying out the emergency repairs.
(c) Each Booking requires a Waiver fee from Guests, which acts as insurance against any accidental damage at the Property advised by Guests prior to check out and up to a maximum value of $1,000. The Waiver provides no coverage against malicious damage, damage from pets, extra cleaning or lost keys. We shall be entitled to deduct any amounts incurred in accordance with this clause 8 from the Deposit and/or invoice you for these amounts if the Deposit does not cover the costs.
9 Insurances and Identification Documents
(a) You represent, warrant and agree that you hold all insurances required for you to provide the Property to Guests (Necessary Insurances).
(b) You acknowledge and agree that during your onboarding, we may request and hold the documentation relevant to the Necessary Insurances (such as certificates of currency) or such identification documentation as is necessary to confirm that you hold the Necessary Insurances.
(c) You confirm to hold a landlord insurance covering third-party death or injury on the premise.
(d) We agree to hold this information in accordance with our Privacy Policy and all applicable laws.
(e) For the avoidance of doubt, we will have no liability for any loss suffered by you that occur as a direct result of your failure to hold the necessary insurances.
10 Termination
(a) Cancellation of Management Plan: If you meet the Minimum Term requirements and wish to cancel your Management Plan, you may do so by providing us with 90 days’ notice via email. Please be advised that during the notice period, you shall only be permitted to block the calendar for personal use for a maximum of one week per month (totaling three weeks). In the event that you need to block the calendar for a period exceeding one week per month or three weeks in total, or any blocks of 21 days or more will be considered a cancellation of the agreement and a fee of $500 + GST per month will be charged and due.
(b) Early Cancellation Fees: If you provide less than 90 days’ notice or cancel prior to the end of the Minimum Term, you will be required to pay a fee of $500 + GST per month until the end of the Minimum Term and/or the notice period of 90 days has passed. This fee reflects the reasonable costs we incur as a result of your early termination. Any other costs associated with your Management Plan will also be due if cancellation occurs within the Minimum Term.
(c) Where Bookings are in place that need to be cancelled due to your termination, you agree to pay $160 per booking to cover administrative outlays incurred. Additionally any cancelation fees and/or relocation fees imposed on us by booking platforms will be passed onto you as well.
(d) We may terminate your Management Plan at any time by giving 30 days’ written notice to you (Termination for Convenience).
(e) We may terminate a Management Plan immediately upon written notice to you if:
(1) you breach a material term of these Terms and that breach has not been remedied within 21 Business Days us notifying you of the breach;
(2) an encumbrance allows a third party to take possession of the Property or, where you are a company, a receiver is appointed over any of the Property or your assets; or
(3) you are unable to pay your debts as they fall due.
(f) Should we suspect that you are in breach of these Terms, we may suspend your access to the Site while we investigate the suspected breach.
(g) Upon expiry or termination of your Management Plan:
(1) we will remove your access to the Site and your Account will be deleted;
(2) you agree that other than where termination is due to our Termination for Convenience or our breach of these Terms, and to the maximum extent permitted by law, any payments made by you to us (including any part of the Price) are not refundable to you; and
(3) where we terminate your Management Plan for any reason other than a Termination for Convenience, you also agree to pay us our reasonable additional costs directly arising from such termination.
(h) Where termination is due to our Termination for Convenience or our breach of these Terms, we agree to refund you for any prepaid unused amount of the Price on a pro-rata basis.
(i) Termination of a Management Plan will not affect any rights or liabilities that a Party has accrued under these Terms.
(j) This clause will survive the termination or expiry of your account.
11 Limitations
(a) Despite anything to the contrary, to the maximum extent permitted by law:
(1) our maximum aggregate liability arising from or in connection with these Terms will be limited to the portion of the Price paid by you to us for the Management Plan the subject of the relevant claim; and
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(b) Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
(1) any injury or loss to any person;
(2) failure or delay in providing the Services; or
(3) breach of the Terms or any law,
where caused or contributed to by any:
(4) event or circumstance beyond our reasonable control; or
(5) act or omission of you or your related parties.
(d) Despite anything to the contrary, to the maximum extent permitted by law, you are liable for and agree to indemnify us, release us and hold us harmless in respect of any Liability we may suffer or incur arising directly or indirectly from:
(1) any claim, cross-claim, action, judgement, proceeding, suit or cause of action brought by or initiated by a Guest (or on behalf of a guest) in connection with these Terms, the Property or the Services;
(2) your breach of this Agreement;
(3) your failure to hold the Necessary Insurances; or
(4) any act or omission of a Guest or other occupier of the Property.
(e) This clause will survive the termination or expiry of these Terms.
THE FOLLOWING CLAUSES APPLY IF YOU ARE A GUEST
12 Bookings
(a) You may request to make a Booking at a Property through our Site. It is your responsibility to check the Booking details (including, in particular, the details of your stay). Your booking request will become a completed Booking upon your payment of part, or all of, the Fees in accordance with these Terms, in accordance any payment terms set out in your confirmation email.
(b) The individual making the Booking shall be responsible for compliance with the conduct rules listed in clause 16. Any breach of house rules may result in eviction and additional charges.
(c) You may only make a Booking if you are aged 23 and above. Guests under the age of 23 may be listed as Guests on a Booking only if they are staying as part of a family group with parents present.
(d) It is your responsibility to review and read these Terms and any special conditions relevant to a Property prior to making a Booking to ensure the Property suits your needs.
13 Cancellation Policy
Our cancellation policy is as follows, where you cancel your stay:
- AIRBNB Moderate Policy – Cancel up to 5 days before free of charge, otherwise pay for 1 night and 50% of remaining nights. For bookings of 28 nights or more please check the Airbnb Terms and Conditions.
Direct bookings
A 1.7% credit card fee is applied to all bookings, excluding Airbnb
14 Rescheduling or Cancellation by us
(a) We will notify you as soon as possible if we need to cancel or reschedule a Booking, and we will use our best endeavours to reschedule the Booking at an alternate start date that is agreed between you and the Property Owner, where this is possible.
(b) If we cancel a Booking because of events or circumstances beyond our reasonable control, whether before or after the start date of your Booking, you will receive a refund of any Fees that have been paid by you.
15 Collection of Personal Information
(a) All personal information will be processed in accordance with our Privacy Policy.
(b) Each Guest is required to fill in a pre-arrival form, where personal information, such as identification documents, your name, email, phone and other personalised identification is requested to enable us to confirm the Booking. Failure to provide all required information will result in the Booking being cancelled, subject to our cancelation policy.
16 Conduct Rules
(a) Events: We have a strict “no events” policy at all Properties. You agree that you do not make this Booking to accommodate any type of event (e.g. parties, weddings, hens/bucks’ weekends or functions etc.)
(b) Number of Guests: At no time during your stay are additional people allowed at the Property. The number of Guests listed in your Booking is the limit of people allowed to stay, even if the Property can accommodate more people.
(c) Noise and Noise complaints: If you or any other Guest at the Property receives a noise complaint, you may be asked to leave the Property immediately and may be subject to eviction and further charges. Noise audible outside any Property is prohibited between 10:00pm and 8:00am.
(d) Check Out: Check out time is strictly 10:00am, unless a late check out is offered or negotiated in advance. If we are notified that you have not checked out on time without an approved late check out, an additional charge may be incurred.
(e) Cleaning: It is a requirement that the Property is returned in a clean condition. Your rental includes a general clean, however if there is excess cleaning, additional charges will be applied. Extra cleaning includes but is not limited to: dirty dishes, rubbish not being removed to outside bins, excess rubbish, stained linen, or food and drink stains. Additional charges will be disclosed to you and deducted from your Deposit.
(f) Rubbish: Upon departure, all rubbish inside must be placed into the outside council bins. If it is bin night during your stay, please ensure the bins are placed out on the curb. The bin night for your Property is advised in your pre arrival email. You will be charged the tipping fee and the time to tip if excess rubbish is left at the Property or if the garbage bin is not put out on bin night as requested.
(g) Loss & Damage: Any damage, breakage or theft is your responsibility during your stay. If anything is noted by us as missing or broken, it will be charged against the Waiver. Should you discover a fault or breakage when you arrive, please advise us immediately.
(h) Smoking: Smoking inside the Property is strictly prohibited. If you smoke, please do so outside. If smoke is detected inside the Property, a penalty fee of $400 applies. Cigarette butts should not be left anywhere in the gardens, planters etc. If butts are found on the Property, a $150 penalty fee will be applied.
(i) Security: To prevent theft of or damage to furnishings or your personal property, all doors and windows need to be closed and locked when you leave the Property during your stay and upon departure. Should you not be able to secure the Property you should contact us immediately. If the Property has a key safe, please use it during your Booking.
(j) Pets: Pets are only welcome at our ‘pet friendly’ Properties where your request is approved. If evidence of a pet is discovered without approval, or at a non-pet friendly Property you will be charged for steam cleaning of carpets, furniture and/or mess left by the pet/s. If you have your pet in an approved Property, any mess, including outdoors, must be wrapped, and placed in outside bins. Pet bedding must be supplied you. If your pet is approved to be inside, please restrict it to the hard floor areas and do not allow it onto furniture or into bedrooms. You agree to pay for any damage, or extra cleaning required resulting from the pet having stayed.
(k) Issues during your Booking: If you experience an issue during your stay, please contact us immediately so that we can attempt to fix it. We will not be able to consider compensation unless we have been afforded the opportunity to solve the problem.
(l) Keys: Any loss of keys or remote controls must be reported to us immediately. Charges will be applied to the replacement of any keys or remote controls and will be advised to you, as relevant.
(m) Travel Insurance: Travel insurance is not included in your Booking. You are advised to purchase appropriate cover. Travel insurance can include cover for certain events out of your control such as unexpected incidents or accidents as well as cancellations and delays caused by inclement weather and other unforeseen circumstances.
(n) Lost Property: Items left behind can be posted to you at a $50 handling charge plus shipping. If the postage is more than this amount it will be charged to the card on file. If not claimed within 30 days, it will be disposed of.
(o) Furniture: Furniture should not be moved around the house and utensils, crockery etc. are not to be removed from the Property. You will be liable for any damage caused from the moving of furniture in accordance with your Waiver.
(p) Fireplaces and Barbecues: Fireplaces and barbecues are to be operated by Guests over the age of 18 only and are operated at the Guests’ own risks. Guests will be held liable for any damage caused by incorrect use. If using a gas fire, wood fire or barbecue, Guests must ensure the fire/gas is directly supervised by an adult when in use and switched off whenever unattended or when leaving the Property, even for short periods. Supervision of children around the fireplace or barbecue is always required and is the responsibility of parents/guardians. All fireplaces and barbecues and their relevant casings can get extremely hot and may cause serious burns when in proximity. It is strongly recommended that the fireplace or barbecue not be operated when children are staying onsite.
(q) Recreational Inclusions at Properties: The use of any advertised facilities such as a pool, spa, kayaks, stand-up paddleboards, table tennis tables, jetties etc. are to be used by Guests at their own risk. We will have no liability for any injury and/or death as a result of the Guests’ use of the recreational inclusions. We strongly advise all Guests to only make use of those provisions if they are experienced and provided they supervise children at all times.
(r) Prohibited Recreational Activities: Under no circumstances are the following activities permitted at any Property: motorbikes, dirt bikes, quad bikes, use of firearms or air rifles, fireworks.
(s) Criminal Activity: Use of the Property for any criminal activity is prohibited and may result in fines or prosecution. This prohibition extends to use of the Property’s internet service, if any, for criminal activity. We will cooperate with any investigation of alleged criminal activity at the Property during the Booking.
(t) Obligations to neighbours: A Guest must not at any time during the occupancy period:
(1) create noise that because of its level, nature, character, or quality, or the time it is made, is likely to harm, offend, or unreasonably disrupt or interfere with the peace and comfort of neighbours and other occupants of the Property;
(2) act in a violent or threatening manner towards neighbours or other occupants of the Property;
(3) act in a manner that could reasonably be expected to cause alarm or distress to neighbours and other occupants of the Property;
(4) use or enjoy the Property in a manner, or for a purpose, that interferes unreasonably with the use or enjoyment of common property by neighbours and other occupants of the Property in a strata or community scheme;
(5) intentionally, recklessly or negligently cause damage to the Property, any common property or any other communal facilities within the immediate vicinity of the Property, or any public property in the vicinity of the property; and/or
(6) intentionally, recklessly or negligently damage the personal property of neighbours or other occupants of a strata or community scheme.
(u) Retention of Keys: Guests must not copy, or knowingly retain after the end of the Booking, any keys, security passes or other instrument that facilitates access to the premises.
(v) Responsibilities to Property Owners: Guests must take reasonable care of the Property and the Property Owner’s possessions at the Property. Guests must immediately notify us or the Property Owner of any dispute or complaint about a Guests’ behaviour. Guests are responsible for conduct of visitors during the Booking.
17 Disclaimers and Limitation of Liability
(a) Equipment: We do not accept liability or loss caused by failure of equipment and/or services out of our control, including, but not limited to, water, electricity, gas, and internet. In the event of a failure, you must notify us in the first instance. We will endeavour to immediately rectify any problems that arise during the Booking, however if, in our sole discretion, the issue is not an emergency, it may be remedied during business hours and or after the Booking. Refunds due to failure of equipment will be determined at our discretion.
(b) Wildlife: Our Properties are maintained and cleaned regularly, however, wildlife is common in country and coastal areas. We do not accept liability for the visits of any wildlife including, but not limited to; rodents, insects, cockroaches, kangaroos, birds, wombats, snakes and spiders.
(c) Indemnity: We do not accept liability for any personal loss or injury to the Guest/s during the Booking. Guests and their visitors’ actions, conduct and safety are the responsibility of the Guests. We do not condone unsafe, irresponsible, or illegal actions/behaviour etc, at the Property and during the Guests Booking. Guests agree to indemnify and hold us harmless, as well as indemnify and hold harmless the Property Owner against any responsibility or action that arises due to any action(s), incident(s), loss, or injury(s) while within or outside of the Property (including, but not limited to, the grounds, facilities, structures, furnishings, etc.) during a Booking or at any other time. We are not responsible or liable for events beyond our control. Events may include, but are not limited to; adverse weather, fire, flood, traffic or flight delays, war, terrorist activity, civil disobedience, or other force majeure and no refund or credit will be offered under these circumstances.
18 Price, Expenses and payments
(a) You must pay us the Fees associated with your Booking in accordance with this clause. All amounts are stated in Australian dollars.
(b) You must pay the Fees upfront using one of the methods set out on the Site.
(c) You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(d) The payment methods we offer to our guests are set out on the Site. We may offer payment through a third-party provider, such as Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
THE FOLLOWING CLAUSES APPLY FOR BOTH GUESTS AND PROPERTY OWNERS
19 Use of the Site
(a) Subject to these Terms, you must not use the Site unless you are at least 18 years old.
(b) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(1) anything that would constitute a breach of an individual’s privacy or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person;
(3) using the Site for unlawful purposes;
(4) interfering with any user of the Site;
(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(6) using the Site to send unsolicited electronic messages;
(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(8) facilitating or assisting a third party to do any of the above acts.
20 Intellectual property
(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Management Plan) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) We authorise you to use Our Intellectual Property solely for your own personal use, and in the manner in which it was intended to be used.
(c) You must not, without our prior written consent:
(1) copy, in whole or in part, any of Our Intellectual Property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(3) breach any intellectual property rights connected with the Site or the Management Plan including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
(d) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(1) you do not assert that you are the owner of Our Intellectual Property;
(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(4) you comply with all other terms of these Terms.
21 Australian Consumer Law
(a) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
22 General
(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your request for Services or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c) Feedback and complaints: We are always looking to improve our Management Plans. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(d) Subcontracting: we may perform any of our obligations or undertake any part of the Services through any other member of our group or through suitably skilled and qualified sub-contractors.
(e) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(f) Entire agreement: Subject to your rights under the Australian Consumer Law, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
(g) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an request for Services, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any request for Services that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your request for Services.
(h) Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
(i) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain services on the Site. We will make it clear by notice to you which (if any) services or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
23 Definitions
(a) Billing Date has the meaning given in clause 7(c) and refers to the date when you will be charged for our Services.
(b) Booking means a booking made by a person to stay at your Property.
(c) Fees means the amount paid by a Guest or Guests to be able to make a Booking and stay at a Property.
(d) Deposit means the deposit made by a Guest when they book a Property.
(e) Guest/s has the meaning given to it in clause 1(b), and refers to the people who will stay at a Property during a Booking.
(f) Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.
(g) Long Term Lease means a longer stay in your Property that Guests may make a Booking for.
(h) Management Fees means the price applicable to your Management Plan, as outlined in the Schedule and on our Site.
(i) Management Plan means the Services that we offer to you for the management of your holiday rental Property.
(j) Our Intellectual Property has the meaning given to it by clause 20(a).
(k) Platform Fee means the charges imposed on us by the booking platform that Guests use to book a stay at your Property.
(l) Property has the meaning given to it by clause 1(b), and refers to your holiday rental property.
(m) Property Owner means the individual or entity who owns the Property and is lawfully entitled to rent it out in accordance with these Terms and all applicable laws.
(n) Repair Cost has the meaning given to it in clause 8(a), and refers to the amounts incurred by us when we undertake repairs of your Property.
(o) Site means the Airkeeper website, available here: https://airkeeper.com.au/
(p) Termination for Convenience has the meaning given to it in clause 10(b).
(q) Terms means these terms and conditions and any attached Schedule.
(r) Waiver means the cost paid by Guest or Guests to cover non-malicious damage, in accordance with clause 8(c).
For any questions and notices, please contact us at:
AirKeeper Pty Ltd (ABN: 47 616 317 205)
Email: info@airkeeper.com.au
Last update: 18 April 2023
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