HOST TERMS AND CONDITIONS
(last revised 17 September 2018)
If you use this website, or the Services provided by WA Homestay, in your capacity as a Host, your use of the website and its associated Services is subject to the additional terms and conditions.
Terms used in these additional terms and conditions has the same definition as provided in the general terms and conditions, unless otherwise indicated. However, in relation to these terms and conditions, “you” and “Your”, etc. relates to you in your capacity as a Host.
1A. Limitations of Use
1A.1 You are not to use the website to transact business with, or receive payments from, Guests other than directly relates to the Services.
1A.2 You are not allowed to use the website to offer to Guests any Premises that has shared facilities except with the written permission of an authorised officer of WA Homestay. For clarification, separate Premises forming part of a strata complex or accommodation village are able to be offered to Guests via the website without need of formal written permission.
2A. Information and Attachments
2A.1 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.
2A.2 Before linking to, or attaching, any file or website, for use with this Site you warrant to WA Homestay that you have verified its contents and that it is in no way contravenes the requirements of paragraph 2A.1.
3A. Rental Terms and Conditions
3A.1 You are required to set the terms and conditions, if any, governing the rental of each Premises you offer for rent through the website. This includes your policy regarding cancellation of a Booking. These are referred to hereafter as your “Rental Terms and Conditions”.
3A.2 You must ensure that your Rental Terms and Conditions are not discriminatory or otherwise contrary to law. You must also ensure that your application of the Rental Terms and Conditions are not discriminatory or otherwise contrary to law.
4A. Bookings and Communications
4A.1 Once a request has been placed via the website to book your Premises, you will be sent a message advising of the offer to you via your designated contact channel. It is important that you set up procedures to allow for all communications made through the designated contact channel to be actioned promptly.
4A.2 Once a Booking has been made, the customer may only cancel the Booking by contacting you directly. Accordingly, you are solely responsible for the arrangement of any refunds (excepting the refund of any security deposit) due in respect of any cancelled or changed order. WA Homestay does not offer refunds on any Bookings made through this Site.
5A. Pricing and Terms
5A.1 You must provide us with the prices for all Premises you offer for rent through the website. All such prices must be inclusive of all relevant charges (including GST, our service charges levied on you and seasonal, weekend or public holiday surcharges). Under no circumstances, following confirmation of a Booking, are you to ask the Guest to make an additional payment for rental of the Premises.
5A.2 It is your responsibility to ensure that at all times your pricing is accurate and advise of any changes.
6A. Security Deposits
6A.1 For each Premises you list on the website, you may specify an amount that WA Homestay is to charge at the time of finalising a Guest’s Booking.
6A.2 Where you specify that a security deposit is to be charged in respect of any Booking for Premises, WA Homestay will request payment of the security deposit from the Guest at the time of finalising the Booking as a separate transaction from the payment of the non-refundable deposit. This money will be held on trust for you in a WA Homestay account with its financial payment’s platform.
6A.3 Following the conclusion of a Guests’ stay at the Premises, it is your responsibility to inform WA Homestay of any deductions to be made from the security deposit. If Wa Homestay does not receive an indication from you that a specified amount should be deducted from the security deposit taken from the Guest in respect of the Premises within five (5) business days of the conclusion of the Guest’s stay, WA Homestay will refund the full amount of the security deposit to the Guest.
6A.4 Any deductions made from a Guest’s security deposit will be remitted to you in accordance with clause 7A (as applicable).
7A. Payment and Fees
7A.1 WA Homestay charges a fee on all Bookings equal to five percent (5%) of the total value of the Booking as made. This fee is charged in respect of all Bookings, even when the Booking is subsequently cancelled due to failure of the Guest to make any additional payment due in relation to the Booking beyond the non-refundable deposit.
7A.2 At the end of each payment cycle, WA Homestay will tally the total of all Bookings made through the Site for your Premises and deduct its booking fees (as levied on both Hosts and Guests). The amount left after these deductions is your “remittance amount”
7A.3 WA Homestay further reserves the right to deduct any other moneys you owe WA Homestay under this Agreement from the remittance amount.
7A.4 Payment of the remittance amount will be made at the end of each payment cycle in Australian Dollars (AU$) to your nominated Australian bank account.
8A. Availability of Premises/Change of Ownership
8A.1 If you no longer provide a Premises for rental (whether on a permanent basis or due to a temporary issue), you must notify us as soon as practicable advising of the Premises no longer offered for rent and, optionally, the reason the Premises is no longer offered (i.e. maintenance works, etc).
8A.2 It is your responsibility to ensure that the calendar associated with each Premises properly reflects the dates when the Premises is available for rent. Double booking of any Premises, without reasonable justification, is grounds for either (i) suspension of your account or (ii) removal of the Premises from the website (either on a temporary or permanent basis).
8A.3 As soon as practicable after accepting an offer to sell the Premises, you must inform WA Homestay that the premises are to be sold. Unless agreed to the contrary, WA Homestay will then suspend advertisement of the Premises on the website. If the intended sale does not take place, and you wish to again resume rental of the Premises as short-term accommodation, you must again contact us advising of same so that WA Homestay may remove the suspension. If WA Homestay does not receive notification that the sale did not take place within ninety (90) days of being informed of the proposed sale, WA Homestay will assume that the sale took place and will delist the Premises.
9A.1 You are to handle all complaints regarding the Booking or the Premises in a timely and proper manner. This means being courteous to the complainant at all times and providing evidence of your position as required.
9A.2 If we are advised by a customer 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 offering to book your Premises through WA Homestay. The period of suspension will be either, at our discretion, a fixed period of time or such time until you are able to prove to WA Homestay that the reason that gave rise to the complaint has been fixed.
9A.3 WA Homestay reserves the right to charge you for time spent in, or levy a fixed fee for, investigating a complaint made by a Guest. WA Homestay will not levy and such charge where it is immediately clear that the complaint is not genuine or warranted.
10A. Legal and Regulatory Compliance
10A.1 You are required to ensure that you have complied with all laws and government regulations relating to the rental of your Premises as short term accommodation.
10A.2 Where your Premises is subject to additional regulation, such as council regulations or strata body regulations, you are also required to ensure that your offer to rent the Premises as short term accommodation is in compliance with all such regulations.
10A.3 You must notify us immediately upon receiving any notification (including, but not limited to, verbal or written notification) that the Premises are no longer in compliance with any law or regulation (including strata laws and/or council regulations) that prevents the Premises from being rented out as short-term accommodation.
10A.4 You accept and agree that for any period where the Premises are not able to be rented out by you in accordance with the Booking, any payments made to you in accordance with that Booking must be repaid to WA Homestay and that the amount so owing constitutes a debt that may be recovered by WA Homestay. For the avoidance of doubt, this clause is intended to cover situations such as the Premises no longer being able to be rented out as short term accommodation due to legal reasons and/or where the Premises has been sold in the time between taking the Booking from a Guest and the Guest staying in the Premises.
10A.5 You are required to comply with all taxation laws relating to the rental of your Premises. This includes calculating and remitting GST at the appropriate rate, where applicable.
10A.6 You agree to pay WA Homestay’s reasonable costs (including legal costs) incurred in recovering any debt owed under clause 10A.4. You also agree to pay all costs (including legal costs on an indemnity basis) arising from any legal liability that WA Homestay incurs as a result of your failure to comply with clause 10A.1 or clause 10A.2.
11A. Hosts’ Warranties and Representations
You represent and warrant to WA Homestay that:
a) you have either taken out an insurance policy covering any or all foreseeable risk associated with short term rental of each Premises or have decided not to take out such an insurance policy;
b) that you will not post reviews and/or comments to any forum or other aspect of the website (including associated Facebook™ page and Twitter™ feeds) with the intention of misleading or deceiving Guests as to any aspect of the Premises or your management of same.
12A. WA Homestay’s Warranties and Representations
12A.1 WA Homestay represents and warrants to Hosts that:
a) It will take reasonable care in ensuring that all information provided by you has been accurately captured and displayed via the website, but noting the technical limitations of reproducing and displaying images.
b) It has engaged parties whom it reasonably believes are able to provide a safe and secure platform for Guests to book your Premises.
c) Subject to the search criteria applied by a Guest, Premises will be listed on the site in accordance with the date they were registered with the website.
12A.2 WA Homestay does not warrant or represent to Hosts that:
a) Information and images provided by you in respect of any Premises has been accurately captured or will be appropriately rendered through the website.
b) you will receive any Bookings via the website or that you will receive a minimum number of Bookings through the website.
c) its Services, or access to its website, will be continuous and uninterrupted.
13A. Dispute Resolution
Each and every dispute between WA Homestay 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.