Property Listing Agreement

Listing Agreement

This is an agreement between Holidaypaws Pty Ltd (HP) ABN 83 607 256 771, and property owners and managers who list properties with Holidaypaws Pty Ltd and associated website, www.holidaypaws.com.au (the website). The terms “you” “your” and “owner” below refers to owners, landlords, agents, and managers.

Scope of service

  1. The website is a venue which allows you to advertise your holiday rental properties.
  2. HP will only include your pet friendly holiday rental properties on the website.
  3. Your properties will appear in the relevant region only.
  4. Your properties will appear in search results only where their metadata matches all or part of the visitor’s search.
  5. Your properties may appear in merchandising sections of the website from time to time at the discretion of HP.
  6. HP will offer the visitor to the website the opportunity to book one of your properties. 

By listing your property, you acknowledge and agree:

1) Authority and law

  1. that you have the authority and permission to advertise the property on the website;
  2. that you comply with all applicable laws, regulations, bylaws and codes;
  3. that you agree to HP conducting a title search to confirm your authority to list the property

2) Code of conduct

  1. that you agree and comply with the Holiday Rental Industry Association Code of Conduct (“Code of Conduct”) which can be downloaded at  http://www.hria.com.au/?page=Code
  2. that you will be bound by and act in compliance with the Code of Conduct in all matters
  3. that any breach of the Code of Conduct may result in immediate removal of your property from the HP website and further that HP may seek financial compensation from you on behalf of itself or its guests.

3) Fairness in advertising

  1. to describe your property fairly and factually in a manner that is in no way misleading to consumers;
  2. that HP will regularly seek feedback from guests who have stayed with you with regard to the quality of accommodation and their expectations being met. Properties that regularly receive negative feedback or that we deem to be in breach these terms and conditions may be removed from the website.
  3. that HP provide a mechanism for us to vet all feedback from guests prior to that feedback being available on the website. Reviews by guests that include libellous, defamatory or improper language must be deleted.

4) Good working order

  1. to maintain your property in good working order and in a manner that is suitable for holiday accommodation including all facilities and appliances and to ensure that it is adequately clean and safe prior to guest's arrival;

5) No direct contact details

  1. to not include your direct contact details in the information that is publically available on the website. This includes telephone numbers, email address, website, social media contacts, your business name and any other contacts that attempt to bypass the HP referral system;

6) Contract is between property owner and guest

  1. that once a booking is made the contract is between the owner and the guest and that the owner is responsible for dealing with any bookings on your property including communicating with the guest, processing payments, issuing invoices and receipts and dealing with complaints;

7) Instant confirmation and real-time availability

  1. that HP is an instant confirmation booking site;
  2. to keep your property’s availability calendar up-to-date;
  3. to take responsibility for any instant confirmation bookings that are made by guests and cannot be honoured. This may include relocating the booking to a suitable alternative property at your expense.
  4. under no circumstances are property availability notices to be included in property descriptions that say Availibility On Request, Enquire for Availability and Booking, or similar. Properties that include such text in their description will be deactivated without notice.

Where you select our FEE FREE listing option:

8) Booking charges

  1. that where possible you will make best efforts to enable HP to take bookings on the website for the booking of your properties.
  2. that HP is entitled to a booking fee payable by the end user of every successful booking on the website.
  3. the booking fee is a sliding scale of not more than 10% of the accommodation component of the booking. See Booking Fees appendix below.
  4. the total value of bookings taken by HP are comprised of the property owner's accommodation charges, plus a HP booking fee, plus any property manager booking fees that are applicable, plus any mandatory costs, such as pet fees, that may be applicable to the booking. These are costs are disclosed in booking quotations and notifications.
  5. the deposit for accommodation charges, including HP booking fee will be paid by the guest directly to HP when a booking is made, by way of HP charging the guest's credit card for that booking.
  6. the deposit value of the booking will be remitted to the owner's nominated bank account within 24 hours of the booking being made on the site. The remittance will be less booking fees due to HP.
  7. the property manager is responsible for collection of any balance of accommodation charges from the guest. HP makes no implied or explicit responsibility for collection of the balance of accommodation charges from the guest. 


Where you select our SUBSCRIPTION FEE listing option:

9) Listing fee 

  1. if you nominate to take up our listing subscription option, rather than fee free, Holidaypaws will invoice you $300 for the first 12-month subscription.
  2. the first 12-month subscription fee will not be invoiced until 30 days after your listing is live on www.holidaypaws.com.au.
  3. if after your listing has been live for 30 days you can cancel your subscription via our https://cusomer.holidaypaws.com.au site.

10) Indemnification of HP

  1. to indemnify HP against any and all legal disputes, complaints, and damages arising from your listing on the website
  2. to not represent yourself as being staff of or associated in any way with Holidaypaws Pty Ltd other than for the purpose of listing your property and receiving bookings.
  3. You indemnify us against any loss or damage that we may suffer or incur in connection with your use of, or conduct in connection with, the website or this agreement.
  4. In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, goodwill, data or opportunity).

11) Termination

  1. that this agreement will remain in force while ever your properties are listed on the website and all bookings referred by us have been closed.

 

We reserve the right to amend this agreement at any time by giving you notice via email. Your subsequent or continued use of the website will constitute your acceptance of any change(s). If you object to any change(s), you must immediately discontinue your use of the website and inactivate your property listing. Otherwise, you will be deemed to have accepted the change(s).

HP reserves the right to withdraw or change the website, products or services (including format, design, scope, etc) at any time. We will use our reasonable endeavours to give you advance notice of any material changes that we make to the website, products or services.

Effective: 1 August 2106

 

Appendix A

Booking Fees

Booking fees are payable by the end user when making a booking, where facilitated by the particular property listing.
The fee is calculated on sliding percentage of the total accommodation cost for the following schedule.

FromToFee Percentage
A$ 1.00 A$ 100.00 10.00 %
A$ 101.00 A$ 200.00 9.00 %
A$ 201.00 A$ 300.00 8.00 %
A$ 301.00 A$ 400.00 7.00 %
A$ 401.00 A$ 500.00 6.00 %
A$ 501.00 A$ 600.00 5.00 %
A$ 601.00 A$ 700.00 4.00 %
A$ 701.00 A$ 800.00 3.00 %
A$ 801.00 A$ 900.00 2.00 %
A$ 901.00 A$ 10,000.00 1.00 %
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