1. Welcome to www.hometime.io (the "Site") which is owned and operated by Hometime Group Pty Ltd ("we", "our" or "us", as applicable). Please see further the Contact Us section below for our company and contact details.
2. Hometime facilitates the Bookings for short term accommodation and manages short term accommodation bookings at properties as agent on behalf of the owners or other persons in legal control of those properties. The contract for the provision of the Property is solely between you and the relevant Owner, not us.
4. These Terms and Conditions constitute a legally binding agreement between Hometime and you. You acknowledge that you agree to and are subject to the Terms and Conditions on behalf of yourself and all persons named or otherwise travelling on your Booking.
5. You acknowledge and agree that despite the duration of any Booking, the agreement is classified as a short-term rental granting you, the Guest, occupancy for the purposes of a holiday rental. Therefore, none of the properties listed on our Site is captured by any of the relevant residential tenancies legislation in any State or Territory. Guests are not granted a residential tenancy agreement under any residential tenancy legislation.
6. Please read these Terms and Conditions before you access or use the Site, or make Bookings. Your continued use of this Site, indicates your acceptance of these Terms and Conditions.
7. We may make changes to these Terms and Conditions at any time by sending you an email with the modified Terms and Conditions or by posting a copy of them on the Site. Your continued use of the Site indicates your acceptance of the updated Terms and Conditions.
9. If you have any queries or concerns regarding these Terms and Conditions, please contact us by sending an email to firstname.lastname@example.org.
10. To make these Terms and Conditions easier to read, we use a number of definitions:
" Balance" means:
For Short Term Stays - the balance (the remaining 75% of the Booking Charges) payable by you after payment of the First Payment;
For Long Term Stays - the payments in accordance with the payment schedule provided to you at the time of booking.
"Booking Charges" means the Booking Fee and the fees payable by you in relation to the Booking that we collect from you including cleaning fees and service fees;
"Booking Details" means the details specific to your Booking including the Property, Holiday Period and any restrictions notified to you during the Booking process;
"Booking Fee is the amount that Hometime charges in respect of the Booking Services
"Booking Period" means the dates for which you reserve a Property;
"First Payment" means the initial 25% instalment of the Booking Charges for a Short-Term Stay, or payment of the first 28 days for a Long-Term Stay pursuant to the payment schedule. The amount of the First Payment is quoted during the Booking process and payable by you, upon making a Booking;
“Guest” or “you” means a person who, is given the right to occupy the premises to which the Booking relates.
“Long Term Stay” means any booking greater than 28 nights.
“Modified Bookings” means any booking that is modified before full payment is due.
"Payment Schedule” means the schedule of payments Hometime will provide you in relation to the payments due for the Booking.
“Security Deposit” means pre-authorisation of a temporary hold of a specific amount of the available balance on a credit or debit card that is provided upon booking. The pre-authorisation is not a charge. Funds will only be debited from your account pursuant to Clause 8 of these Terms and Conditions.
“Short Term Stay” means any Booking that is less than 28 nights.
“Your Guests” means holidaymakers other than you that are booked to stay at the Property during the Holiday Period under your Booking.
2. Codes of Conduct, Local Laws and State Legislation
2.1. The maximum Booking Period for any Booking is generally 90 consecutive days, subject to availability. However, certain Properties may have a shorter maximum Booking Period.
2.2. If a Property requires a minimum Booking Period or has a maximum Booking Period shorter than 60 days, this will be clearly stated on the relevant Property description page on our Site.
New South Wales
3. Guests staying in a Property in New South Wales must comply with obligations pursuant to the NSW Short-Term Rental Accommodation Industry Code of Conduct “Code of Conduct”. The Code of Conduct requires industry participants such as Owners, Letting Partners, Platforms and Facilitators (like Us) to comply with obligations under the Code.
4. A copy of the code may be found here. The obligations that you, as a Guest, are required to comply with may be found in Section 2.5 of the Code. We recommend that you familiarise yourself with the obligations pursuant to that Section. By making any Booking with us, you confirm that you accept and agree to comply with the obligations under the Code of Conduct.
5. Each property listed in New South Wales must:
a. Be registered on the Premises Register; and
b. Have the registration number for the Premises displayed on any listing.
All other States and Territories
6. You acknowledge and agree that you will comply with your obligations pursuant to State Legislation and Local Laws, including any relevant Code of Conduct. You agree to read and understand any applicable Code of Conduct that applies to any Booking you make and you agree to fully comply with your obligations under the Code. You agree to reasonably assist Hometime and the owners of the Properties to comply with their obligations under the Code.
3. Our Role
3.1. Hometime is a licensed real estate agency acting as manager for the Homeowner by arranging Bookings and taking payment from you for the Properties that appear on this Site. We do not own any of the Properties, but we reserve the right to refuse any Bookings in accordance with these Terms and Conditions.
3.2. As a licensed agent, Hometime is required to seek and act on the instructions of the Owner of the Property.
3.3. We reserve the right to refuse or cancel your Booking in circumstances where we become aware that:
a. the Owner is listed on an exclusion register as an excluded Host;
b. the Premises are recorded on an exclusion register as an excluded premises;
c. a Guest is recorded on an exclusion register as an excluded Guest;
d. a Guest is registered on a bad book register.
4. Your Use of the Booking Services
4.1. Our Booking Services are available to you for your personal, non-commercial use only. You may not offer for resale any Booking for any Properties that appear on our Site without our express written permission.
4.2. Once we have accepted a Booking in the way described in the Making a Booking section below, a legally binding agreement will be formed between you and Owner of the Property under which the Property will be made available to you, and Hometime will provide the rental services for the Booking Period. Just to be clear, we will not be a party to the agreement. Each property listing will include the relevant Booking Agent Identification Number or Property Licence number.
4.3. You agree that all information given by You about yourself and your Guests is true and correct
4.4. The following will all form part of the Booking Confirmation between you and the Owner:
a. your Booking Details;
b. these Terms and Conditions;
c. any other special or additional conditions that we draw to your attention during the booking process before we accept your Booking, including any obligations under any applicable Code of Conduct;
d. any house rules for the property
5. Property and Rental Services Descriptions
5.1. We make every effort to ensure that the descriptions (including Booking Charges and availability) relating to the Properties on our Site are accurate and complete, however, images of the Property are to be taken as a general indication of the appearance of the Property. If we are advised of, or discover a mistake or error relating to this information we will promptly correct this on our Site and will contact you if that information relates to a Booking that you have already made using our Site.
5.2. No responsibility or refunds for minor or non-material differences will be accepted. In the event of minor faults and/or malfunctions of appliances or inclusions, there is no obligation to compensate or discount You.
5.3. The Property descriptions do not constitute advice or recommendation given by us. We do not independently verify accreditations, awards, reviews or star or other quality ratings and such ratings are only indicative of what level of quality you can expect from a particular Property. We are not liable for inaccuracies or errors in this information or the accommodation information as this information is supplied to us by Owners.
5.4. Charges shown in the search listings on our Site are per Property, per night (and not per person). It is your responsibility to check the total price before completing the Booking process.
5.5. We do not accept responsibility for any changes or closures to amenities or attractions mentioned in the Property descriptions on our Site.
6. Making a Booking
6.1. To be eligible to make a Booking you must:
a. be 18 years of age or over and have the legal capacity to enter into legally binding agreements;
b. register with us on our Site and providing the information requested and comply with any identification verification that we request;
c. possess a valid payment method such as a valid debit or credit card or or any other digital option as stated on the payment page
6.2. Bookings are made directly using our Site.
6.3. By making a Booking with us you are making an offer to:
a. receive our services; and
pay us all amounts (at the relevant time) in respect of the First Payment and the balance of the Booking Charges.
Short-Term Stay Booking
6.4. You submit your Booking on the Site by submitting the Booking Details and your payment details for processing. You will have an opportunity to review your Booking, these Terms and Conditions and the Booking Details for your chosen Property, and, make any amendments to your Booking.
6.5. In order to confirm the Booking, you will be required to make an initial payment of 25% of the Booking Charges for the Booking, with the balance to be paid in accordance with the payment schedule provided to you by email.
6.6. If the Booking is made after the last payment schedule date, you will be required to pay the full amount of the Booking Charges upon booking.
6.7. You will be referred to our payment processing site to process payment of the Deposit.
6.8. You will receive an email confirmation of your Booking and a receipt for your payment, once we have successfully processed your payment.
6.9. You will receive a payment reminder email 72 hours before the balance of the Booking Charge is due. The email will include the payment due amount and a secure form to update Your credit card if required. The credit card will be used for all future payments.
6.10. You will be charged on the scheduled date pursuant to the Payment Schedule. If there is a failed payment, we will attempt to charge your credit card three more times. You will have an opportunity to update your credit card details using the secure form provided in the email. For each failed payment, You will receive a payment failed email. A final notice email will be sent to you before the Booking is automatically cancelled.
Long-Term Stay Booking
6.11. You submit your Booking on the Site by submitting the Booking Details and your payment details for processing. You will have an opportunity to review your Booking, these Terms and Conditions and the Booking Details for your chosen Property, and, make any amendments to your Booking.
6.12. In order to confirm the Booking, you will be required to make payment of the first 28 nights as an initial First Payment for the Booking. Subsequent payments occur on the check-in date and every 28 days thereafter.
6.13. You will be referred to our payment processing site to process payment of the First Payment.
6.14. You will receive an email confirmation of Your Booking and a receipt for your payment, once we have successfully processed your payment.
6.15. For all subsequent payments, you will receive a payment reminder email 72 hours before the next payment is due. The email will include the payment due amount and a secure form to update Your credit card if required. The credit card will be used for all future payments.
6.16. You will be charged on the scheduled date pursuant to the Payment Schedule. If there is a failed payment, we will attempt to charge your credit card three more times. You will have an opportunity to update your credit card details using the secure form provided in the email. For each failed payment, You will receive a payment failed email. A final notice email will be sent to you and your Booking will be modified or cancelled depending on the circumstances.
7. Fees, charges and payment
7.1. The fees and charges quoted on this Site, unless otherwise stated, are quoted in Australian Dollars and include GST (where applicable). We use our best efforts to ensure that these are correct at the time when the relevant information was entered onto our systems.
7.2. The fees and charges may change from time to time, but changes will not affect any Booking which we have confirmed with a Booking Confirmation.
7.3. The Booking Fees charged by us include a 10% booking platform fee.
7.4. Before submitting your Booking online, you will be presented with details of the total charges payable for your Booking together with details of the following amounts payable to us at the time of your Booking, including:
a. any Booking Fee;
b. the First Payment and, if the date the Balance would normally fall due for that Booking has already passed, the total Booking Charge; and
c. any additional fees and charges quoted during the Booking process when you make your Booking (for example heating supplements, pet charges).
7.5. We use Stripe as our payment provider and further details of their Service Agreement can be found here.
7.6. As outlined in Clause 6 above, at the time of Booking, you will be charged the Deposit from your chosen payment method. Subsequently you will be provided with a payment schedule in relation to your booking, and we will automatically debit the amount from your chosen payment method, unless you choose to change the payment method.
7.7. If the Balance or any other additional payments are due after you make your Booking, then:
a. if you authorised us to take payment for these amounts from your chosen payment method when you made your Booking, we will automatically take payment from you using your original payment method. If there has been a change to the Booking Charges due to changes in the exchange rates and additional amounts are payable, we will contact you before taking payment; or
b. if you did not authorise us to take payment from your chosen payment method for these amounts when you made your Booking, you will need to make these payments, by following the instructions on our email and by entering your new payment method via Stripe, our credit card provider, or by contacting us by email at email@example.com
8. Credit card payments, security deposits
8.1. A pre-authorisation for the Security Deposit amount will be placed on your payment method 96 hours prior to check-in. The total amount of the Security Deposit will be detailed on the Property at the time of booking. A pre-authorisation is a temporary hold of a specific amount of the available balance on a credit or debit card that is provided upon booking. The pre-authorisation is not a charge and no funds will be debited from your account.
8.2. If we are unable to pre-authorise your payment method for the security deposit amount, you’ll be notified by email and will have 24 hours to try another payment method.
8.3. If we unable to obtain a pre-authorisation equal to the Security Deposit after two (2) attempts then we may cancel your booking pursuant to Clause 12.3.
8.4. The Security Deposit will be released to you within 72 hours, once we, or the Owner has confirmed that the Property has been returned in an acceptable condition.
8.5. If we, or the Owner finds that the property is damaged or not returned in a state of an acceptable nature, we or the Owner will contact you within four (4) days after the date of check out. Details and relevant documentation of all damage, missing items or other circumstances that require reimbursement will be provided to the Guest. The amount we or the Owner requests may or may not be the same as the Security Deposit.
8.6. The guest has 24 hours to respond to our, or the Owner’s request for reimbursement before any charges are made. If the guest disagrees to pay the amount requested, documentation is required that proves the guest was not a fault.
8.7. Where a guest extends their stay (and fails to make payment for the additional stay), if the additional stay exceeds the amount of the Security Deposit, we are authorised to debit the cost of the additional occupation from the payment method utilised upon booking.
9.1. Credits will be issued at our sole discretion.
9.2. Where the cost of a Booking is less than the value of the Credit, no cash refunds will be given.
9.3. Credits are valid for a period of three (3) year from the date of purchase or issuance and can be used for any Booking with a Booking Period that starts before the validity period expires. Any remaining balance may no longer be used after expiry of its validity period.
9.4. If a Booking is purchased with a Credit which is subsequently cancelled, any refunded amount will be credited. Any credited amount will retain the original period of validity.
9.5. Credits cannot be exchanged for cash, replaced if lost or damaged and are non-refundable.
10. Amending a Booking
10.1. Please check all the details in your Booking Confirmation promptly after receiving the confirmation and notify Hometime as soon as possible if you think we have made any mistakes or errors with your Booking.
10.2. You may not transfer your Booking to another person. If you do not stay at the Property during the Booking Period but your Guests do, you will still be legally responsible for all your obligations pursuant to the Booking and responsible for your Guests’ compliance with them.
10.3. Please contact us directly using the contact details in the Contact Us section if you would like to amend your Booking. If we, or an Owner agree to amend the Booking, additional charges including additional Booking Charges and/or an administration fee may also be payable to cover our costs of making the amendment. This does not affect your legal rights.
11. Cancellation Policy
11.1 After you receive your Booking Confirmation you will not be entitled to cancel the Booking if it does not comply with the cancellation terms below.
11.2. To obtain a full refund (minus the payment processing fees), You must cancel your Booking at least 7 full days prior to the listing’s local check-in time (shown in the booking confirmation email).
11.3. For any bookings cancelled within 7 full days of the listing’s local check-in time (showing in the booking confirmation email), you will be entitled to a 50% refund of the Booking Charges (minus the payment processing fees, including Stripe Fees).
11.4. If you shorten your stay, the unused portion of your rental is non-refundable.
11.5. To obtain a full refund (minus the payment processing fees), You must cancel your Booking within 48 hours of booking and the cancellation must occur at least 30 full days before the listing’s local check-in time (shown in the booking confirmation email).
11.6. For any Bookings cancelled at least 30 days prior to Your arrival date, you will be entitled to a 50% refund (minus the payment processing fees, including Stripe Fees).
11.7. If you cancel less than 14 days in advance or decide to leave early after check-in, the nights not spent are not refunded and you will not be entitled to a refund if fewer than 28 days remain on the Booking.
11.8. You will not be entitled to a refund if fewer than 28 days remain on the Booking.
11.9. Extenuating Circumstances Policy: We may, at our sole discretion, be able to give you a refund, within the 30 day cancellation policy, if you have to cancel because of an unexpected circumstance that is out of your control. Below is a list of circumstances covered by our Extenuating Circumstances Policy:
a. Death of a guest, additional guest, immediate family member or caregiver. You will be asked to provide one of these documents: Death Certificate, Obituary, news article naming the deceased or a Police Report;
b. Unexpected serious illness or injury affecting a guest or member of the travelling party. You will be asked to provide a statement from a physician confirming that the person can't travel due to an unexpected, serious illness or injury. The statement must be also dated after the Booking was booked and provided within 14 days of cancellation. At this time, pre-existing conditions known to the user at the time of booking are not covered by our Extenuating Circumstances Policy;
c. Government-mandated obligations including jury duty, travel restrictions, court appearances and military deployment. You'll be asked to provide a copy of the official notice dated after the Booking was booked, including the name of the person fulfilling the obligation; and
d. Cancellation due to government restrictions on travel. In the event of a forced cancellation due to government restrictions on travel, guests will be offered a postponement of their booking. A credit voucher to the value of the original booking will be issued. This will be valid for 12 months from the issue date. There are no refunds in these circumstances unless genuine hardship can be proven. Please refer section 9 for further details about Credits
12. Cancellations ofyour Booking by us and Owners
12.1. We may cancel your Booking on an Owner's behalf if:
a. we become aware of any health and safety or quality-related issue with the Property or its immediate surroundings (for example contamination to the Property's water supply);
b. our agency agreement with the relevant Owner terminates due to a breach by the Owner;
c. we become aware of any breach pursuant to the NSW Code of Conduct (for example a property or Host is listed on the exclusion register);
d. You, as the Guest are unable to provide a Security Deposit after at least two (2) attempts by Hometime. Notification of failure to pre-authorise your card for the required Security Deposit will be sent to you via the email provided at the time of booking; or
e. We, or an Owner may cancel your Booking due to circumstances or events outside our reasonable control.
12.2. If we, or an Owner, cancel a Booking in accordance with this paragraph 12, we may (but are not obliged to):
a. arrange alternative accommodation for you and your Guests of an equivalent type and standard in a similar location. We will not be liable for any costs associated with arranging alternative accommodation and such alternative may be subject to the payment of additional charges by you if the Booking Charges for the alternative are higher than those under the cancelled Booking; and/or
b. obtain a refund from the relevant Owner of any amounts paid by you to that Owner in relation to the cancelled Booking (less the relevant processing fees, including Stripe Fees).
13. Your right to cancel a Booking
13.1. You may immediately cancel a Booking:
a. if we, or an Owner have told you about an error in the charges or Booking Details or a significant error in the description of the rental services relating to your Booking and you notify us that you do not wish to proceed; or
b. if we notify you about a change to the Booking Charges due to changes in the applicable exchange rate and you notify us that you do not wish to proceed.
13.2. Nothing in this paragraph 13 affects or reduces your legal rights as a consumer.
14. Owners' right to cancel a Booking
14.1. We, or an Owner, may immediately terminate their Booking with you if:
a. you and your Guests do not comply with the obligations set out in paragraph 16;
b. you do not comply with the applicable rules on pets in accordance with paragraph 18;
c. if you fail to pay any security deposit on the date that payment of the bond is due;
d. circumstances or events outside our reasonable control prevent or are likely to prevent you and your Guests from staying at the Property for the Booking Period or we, or the Owner, from complying with any of our obligations under the Booking.
15. Consequences of cancelling a Booking
15.1. If you cancel the Booking for the reasons mentioned in paragraph 13, we will refund to you the Booking Charges and any other amounts paid by you (less any processing fees, including Stripe Fees) for the Booking within 14 days of the date you notify us that you wish to cancel the Booking.
15.2. If the Booking is cancelled during the Booking Period, you must:
a. leave the Property together with all Guests as soon as possible;
b. notify us, or the Owner that you and your Guests have left the Property and the reasons for doing so; and
c. return the keys/access cards to the location instructed by us or the Owner.
15.3. Nothing in this paragraph 15 affects or reduces your legal rights as a consumer.
16. Your responsibilities
16.1. You must make sure that all the information you provide to us in connection with your Booking is true, accurate, current and complete. If any of your details change (e.g. email address, postal address), you must promptly update your details.
16.2. You accept financial responsibility for all transactions made under your name or account.
16.3. You promise to us and to each Owner that during the Booking Period:
a. that the number of people and pets occupying the Property will not exceed the number stated on in your Booking Confirmation;
b. that the Property will be used solely for the purpose of a short term holiday rental by you and your Guests;
c. that you will (and ensure that your Guests will) show all due consideration and respect for any Owners and their representatives and neighbours or other persons or parties that have a connection with the Property.
d. That you will (and ensure that your Guests will) use the Property lawfully, will not abuse any facilities provided as part of the Booking and will comply with any health and safety or other policies or instructions notified to you by us or the Owner in connection with the Property or Booking.
e. to allow us or the Owner to access the Property at any reasonable time during the Booking Period provided that we, or the Owner provides you with reasonable advance notice (except in emergencies).
f. to abide by the Property’s individual house rules, and keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the commencement of the Booking and to ensure that at the end of that period the Property is left in the same state of order and cleanliness in which it was found. The Owner or us (acting on their behalf) may make an additional, reasonable charge for professional cleaning after your and your Guests' occupancy as may be required to return the Property to its original state of cleanliness and tidiness.
g. To report as soon as possible to the Owner or us any breakages or damages caused by you or your Guests during the Booking Period. Without affecting any other remedies that the Owner has, you promise to fully reimburse the Owner for the cost of replacement or repair for such breakages or damage. We may collect such payments on the Owner’s behalf.
h. to arrive at the specified check in time on the arrival day and to vacate the Property by the specified check-out time on the day of departure unless you have selected alternative check-in and check-out dates during the Booking process (as detailed in your Booking Confirmation) or agreed otherwise with the Owner or us;
i. not to allow any person other than you and your Guests to use the facilities and amenities of the Property without the express permission of the Owner or us; and;
j. to notify all Guests before the Booking Period starts of your and their obligations under this paragraph 16.3.
16.4. It is your responsibility to ensure you, your Guests and any pets have the relevant travel and health documents and requirements needed for visiting the country in which a Property is located. These include any passport or other identification documents, visa requirements and, in the case of pets, any vaccines or microchips. We will not be liable for any expenses incurred resulting from your missing, incomplete or incorrect documentation or any non-compliance with such requirements.
16.5. In the event that you or any Guest fails to comply with the requirements set out above in paragraph 16.3, the Owner (or their representative) can refuse to allow you and your Guests to enter and stay at the Property or can require you and your Guests to leave the Property before the end of the Booking Period. In either case, you will be treated as having broken the terms of Booking and the Booking can be cancelled.
17. Owners' responsibilities
17.1. We and the Owner will:
a. perform our obligations using reasonable care and skill, and act in good faith at all times;
b. as soon as possible, notify you in writing of any changes to the description of the Property relating to your Booking which would make our descriptions of the Property inaccurate, incomplete or misleading;
c. ensure that the Property is vacant and that you and your Guests have exclusive access to the Property for the full period of the Booking Period;
d. ensure that suitable arrangements are in place for you to collect and return the keys/access cards for the Property;
e. not make any use of the Property (including conducting any viewings of the Property) during the Booking Period;
f. Respond to queries, complaints and problems which arise during or after the Booking and use its best efforts to resolve them; and
g. If GST forms part of the Rental Charges, provide you with a GST invoice at your written request to firstname.lastname@example.org
18.1. Pets are only allowed at Properties where this is expressly stated in the Property description. If you take a pet to a Property that does not allow them, or exceed the stated number/size of pet(s), the Owner and we, have the right to:
a. refuse to allow you and your Guests to enter or stay in the Property; or
b. ask you and your Guests to leave the Property before the end of the Booking Period.
18.2. If the Owner or we exercise our rights under paragraph 18.1, we, or the Owner may cancel the Booking in accordance with the Owners' right to cancel a Booking section.
18.3. You will be liable for all damage caused by your and your Guests' pets. If you are allowed a pet/pets in the Property, you should remove all traces (inside and outside) from the Property of pet occupation before you and your Guests' vacate the Property at the end of the Booking Period. We and the Owner may make an additional, reasonable charge for professional cleaning after your and your Guests' occupancy due to any pets that have stayed at the Property. You must not allow pets on beds or on furniture within the Property and pets must not be left alone in the Property at any time. If you break the terms of this paragraph 18.3, we or the Owner (or their representative or us on their behalf) may notify you that you have broken those terms and if you continue to do so may cancel the Booking and require you and your Guests to leave the Property before the end of the Booking Period.
18.4. Registered assistance dogs are allowed in all Properties featured on our Site, even where the property description states that pets are not allowed, provided that you comply with the provisions in paragraph 18.3. You must notify us of the intended presence of any assistance dogs prior to Booking. If you have an allergy to dogs, please be aware that we and Owners cannot guarantee that an assistance dog has not stayed in a particular Property recently. We and Owners cannot accept responsibility for any suffering which may occur as a result of such animals having been present in a Property.
19. Owner Warrantines
19.1. We and the Owner warrant to you that:
a. we have the right to provide the rental services;
b. We and the Owner will maintain insurance policies to meet our liabilities;
c. the Property and the Owner and we will comply with all applicable laws and regulations, in particular, relating to fire, health, safety and planning and data protection; and
d. the Property is properly maintained, clean, tidy and in good repair at the start of the Booking Period.
20. Our liability and indemnity
20.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Booking Services including the right to receive services supplied with reasonable skill and care.
20.2. We own and operate the Site and platform for which Owners list properties. We accept no liability for any defects or unavailability of the Property. Your rights under these Terms and Conditions and the Booking are against the Owner.
20.3. To the maximum extent permissible under applicable law, we will not be liable for and disclaim any and all other promises, warranties, conditions, or representations relating to the Booking Service, whether express, implied, oral or written. In particular, we are not liable for:
a. the availability of the Booking Services or the Site or that they will be provided uninterrupted or error or virus-free;
b. errors or inaccuracies in any documentation supplied by Owners or their representatives, including any documentation that appears on the Site. Owners provide us with all information in relation to the Property for us to display on our platform. Owners are responsible for ensuring that information is accurate, complete and up to date. We will not be liable for any inaccuracy in that information; or
c. the quality, suitability or performance of the rental services, the Property or the Owner. We do not conduct any checks on Owners or their Properties and the inclusion or offering for sale of rental services does not constitute an express or implied endorsement or recommendation by us of such services. We do not guarantee the accuracy of, and disclaim liability for any inaccuracies relating to the rental services offered for sale through us. We shall not be liable for any damages arising as a result of any inaccurate information or errors on our Site which relate to information about Property or rental services. We shall not be liable to you for any losses in the event of Owners overbooking, cancelling bookings in full or in part or due to circumstances or events beyond our or their control.
20.4. We will not be responsible or liable:
a. for Owners' performance of their obligations under any Bookings with you or any actions and/or omissions by them (or their nominated representatives) in relation to the Property or rental services that you book using the Booking Service; or
b. for any losses related to any business of yours including but not limited to lost data, profits, revenue, business, opportunity, goodwill, reputation or business interruption.
20.5. When Booking certain Properties only, we may provide you with the option to use the Booking Services to also purchase other services. We are not liable for the cancellation or provision of these services unless stated otherwise.
20.6. You acknowledge that personal belongings and vehicles (together with their contents) belonging to you and your Guests are left at the Property entirely at your and their own risk. We accept no liability to you for any loss, damage or injury to you or your Guests, or your or their personal property during the Booking Period, except to the extent such loss, damage or injury is caused by our negligence.
20.7. To the maximum extent permitted by law, you agree to defend, release, indemnify and hold us and any of our officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation reasonable legal and accounting fees, arising out of or in any way connected with:
a. Any material or content provided in connection with the Site;
b. your breach of these terms and conditions (including any additional terms or supplemental terms that apply);
c. Your use of our services and Site;
d. your breach of any law, regulation or third party rights; and
e. Your use of the properties.
21.1. If you have any complaint about the Booking Services, rental services or the Property please contact us email at email@example.com.
21.2. If you are still staying at the Property and wish to make a complaint about a Property or Rental Service, we would suggest that in the first instance you contact us or the relevant Owner as soon as possible. We encourage all Owners to take complaints from holidaymakers seriously and to do their best to resolve them, where possible.
21.3. If you still wish to make any complaint and/or are dissatisfied with the Owner's response to any direct complaint, please contact us as soon as possible (and in any event within 7 days of the end of the Booking Period for the relevant Booking) with full details of your complaint and the Owner's response (if any).
21.4. We will use our reasonable endeavours to liaise with an Owner on your behalf to attempt to resolve your unresolved complaints.
21.5. Nothing in this Complaints section will affect your legal rights or any right you may have to bring legal proceedings against an Owner.
22. Other important terms
22.1. Written Communications. You agree to receive communications from us and Owners electronically and that electronic communications will satisfy any legal requirement for communications to be in writing.
22.2. Our reliance on these Terms and Conditions. We and each Owner intend to rely on these written Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any contract made under them. We and you and each Owner will be legally bound by these Terms and Conditions.
22.3. References to 'including' and other similar expressions. In these Terms and Conditions, words that appear after the expression 'include', 'including', 'other', 'for example', 'such as' or 'in particular' (or any similar expression) will not limit the meaning of the words appearing before such expression.
22.4. We may transfer this contract to someone else. We and each Owner may transfer our rights and obligations under these Terms and Conditions to another organisation. We or the Owner will contact you to let you know if this is planned. If you are unhappy with the transfer you may contact us or the Owner to end the relevant contract within 14 days of us or the Owner telling you about it and we or they will refund you any payments you have made in advance for services that have not been provided.
22.5. Events or circumstances beyond our or an Owner's reasonable control. If we or an Owner is prevented or delayed from complying with any obligations under these Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our or an Owner's reasonable control, the inability or delay in performing those obligations will not be treated as a breach of the terms of these Terms and Conditions. Examples of such events or circumstances include fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, restrictions of movement by government, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism, pandemics or war.
22.6. Nobody else has any rights under these Terms and Conditions or the Contract. No other person shall have any rights to enforce any of the terms of the Booking. The party to a contract made under these Terms and Conditions will not need to get the agreement of any other person in order to end that contract or make any changes to these Terms and Conditions.
22.7. If a court finds part of these Terms and Conditions or any contract to which they apply illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
22.8. Even if we or an Owner delay enforcing a contract made under these Terms and Conditions, we or the Owner can still enforce it later. If we or an Owner do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we or an Owner delay in taking steps against you in respect of you breaking a contract made under them, that will not mean that you do not have to do those things and it will not prevent us or an Owner taking steps against you at a later date. For example, if you miss a payment and we, or an Owner does not chase you but continues to provide the rental services, they can still require you to make the payment at a later date.
22.9. Which laws apply to these Terms and Conditions and any Contract between us and where you may bring legal proceedings. These Terms and Conditions and any contracts made under them are governed by Australian law and you can bring legal proceedings in respect of any such contracts in the New South Wales courts.
23. Contact us
23.1. This Site is owned by Hometime Group Pty Ltd, a company incorporated in Australia. The registered office address of Hometime Group Pty Ltd is: Level 1, 1 Sussex Street, Barangaroo NSW 2000
23.2. Our registered company number is 605983373
23.3. Our correspondence address is: Level 1, 1 Sussex Street, Barangaroo NSW 2000
23.4. Email address: firstname.lastname@example.org