Host Agreement - between Host & Origins Guide
Host Agreement - between Host & Origins Guide
1. What is this?
1.1. This is an agreement between you, the Origins Guide Host seeking to list your Accommodation on the Origins Guide website, and us Nomadic Hotels Australia Pty Ltd, registered in Australia under Australian Company Number 631 343 452 (“Origins Guide”).
1.2. These terms set out the terms and conditions binding on you as Host and us in relation to your use of the Origins Guide Services.
1.3. Please note that your rights and obligations relating to each Booking of your Accommodation by a Guest are set out in the Guest/Host Agreement.
2. Selecting origins guide properties
2.1. If you have been nominated or approached to list your Accommodation on the Origins Guide website, you can decide if you would like to do so, and if you would the following provisions will apply:
2.1.1. we will arrange a time to discuss the specifics of your home and suitability – this may be a video call, telephone call or physical inspection. If a physical inspection takes place we will require you (or a representative that knows the property well) to be present. If you or your representative choose not to be present at any time during a home critic’s visit then you confirm that you are leaving the Accommodation at your own risk and that you agree that we are excluded from all liability relating to damaged or missing items or damage to the Accommodation;
2.1.2. We reserve the right to charge a testing fee for costs relating to, for instance inspection, photography and listing creation. If there are any fees involved these will be discussed and agreed upon. For more information refer to Clause 5 “Charges, Fees and Payments” of the Terms of Service (“Testing Fee”). You agree that the Testing Fee is without prejudice to any other claims we may have against you;
2.1.3. by permitting us to test, inspect or agree your accommodation meets the high standards of the Origins Guide, you irrevocably agree that we can list your Accommodation on the Origins Guide website and other relevant third party websites, apps and media (if we choose to do so); and
2.1.4. we will notify you whether or not your Accommodation has passed our requirements and has been accepted as an Origins Guide property.
3.1. We will prepare your Listing. You agree that, provided that we do not include any information in your Listing which is inaccurate, untrue or misleading, we have complete discretion in relation to the information we provide in the Listing, the features of your Accommodation that we highlight and the photographs of your Accommodation that we use (if any).
3.2. We own all rights in any photos, text or information that we (or our agents) create or develop in relation to your Accommodation. This means that you cannot use these photos (or information/text) elsewhere without our permission. If we ask you to provide us with photos of your Accommodation, you grant to us (and our group companies (meaning any subsidiary or holding company of Nomadic Hotels Australia Pty Ltd and any subsidiary of any holding company) a non-exclusive licence to use these photos in relation to the marketing of your Accommodation for as long as your Accommodation is listed in the Origins Guide.
3.3. Once we have prepared your Listing, we will send it to you. You must read the Listing carefully and notify us immediately if there are any statements in the Listing that are untrue, inaccurate or misleading. In any event you need to confirm that either the Listing is accurate or that it contains inaccurate or misleading statements within 48 hours of receiving the details. If we do not have your confirmation within 48 hours then this will be a deemed representation from you that the statements in the Listing are true, accurate and not misleading. We will be relying on your representation to us that the Listing is a true and accurate description of the Accommodation.
3.4. At the same time as sending your Listing to you for approval we will also need you to input your pricing and sync your calendar and we will send you details on how to do this. It is your responsibility to ensure that these are accurate and up to date at all times. We will require you to provide your bank details so we can pay you. We may require you to provide a credit card in case you cancel a Booking. You must also provide details of any House Rules that you require Guests to be bound by and you must carefully consider the terms of the cancellation policy options. You must complete all requested information within 48 hours of receiving the details.
3.5. Once you have provided this information we will arrange for your Listing to go live on our website.
3.6. You agree that you will keep the calendar availability in the Listing up to date.
3.7. You agree that we shall be solely responsible for the order and manner in which your Accommodation is featured in the Origins Guide
3.8. You must inform us immediately if there are any changes to your Accommodation from the information contained in your Listing.
3.9. We reserve the right to amend and update your Listing as we see fit, provided that we do not include any inaccurate, untrue or misleading information. We will require you to confirm to us within 48 hours of request that any changes are not untrue, inaccurate or misleading. If we do not have your confirmation within 48 hours of request then this will be a deemed representation from you that the changes are true, accurate and not misleading.
4. Origins guide awards and recognition
4.1. If your Accommodation is listed in the Origins Guide, you have the right to let the world know by listing badges and references to the Origins Guide through physical and digital channels (including other platforms). We may even agree your home is above and beyond by nominating you for an Origins Guide award. Your licence to use our badges, references, awards or logos (“assets”) last for as long as your Accommodation is listed in the Origins Guide. When your Accommodation is no longer listed in the Origins Guide then you agree to immediately stop using Origins Guide assets.
4.2. We may remove your right to display any of the Origins Guide assets, or your right to otherwise associate yourself with the Origins Guide, at any time (and for any reason) on notice to you.
5. Our obligations and agreements with you
5.1. Once your Listing is live on the Origins Guide website we will be delighted to welcome you into the Origins Guide and we will:
5.1.1. use reasonable endeavours to market and promote your Accommodation; and
5.1.2. at our discretion highlight your Accommodation from time to time on websites, apps, social media platforms and other relevant media.
6. Your obligations and agreements with us
6.1. You agree with us that:
6.1.1 you will comply with all of your obligations in the Terms of Service and the Guest/Host Agreement applicable to each Booking and shall immediately pay to us any costs, expenses or charges reasonably incurred by us (including those that are payable to any Guest) as a result of your non-compliance with the Terms of Service and/or Guest/Host Agreement;
6.1.2. if the Guest make a chargeback request despite the restrictions on them doing so set out in Clause 5 “Charges, Fees and Payments” of the Terms of Service, you will use all reasonable endeavours to assist us in our defence of any chargeback request including providing us with all information and evidence that we reasonably request;
6.1.3 if a Guest’s chargeback for a Booking is successful then, within 7 days of our notification to you that a chargeback has been successful, you will pay to us (to the extent that they have been the subject of a successful chargeback): the Accommodation Charges, the Origins Service Fee and any other payments due from the Guest. For the avoidance of doubt we will retain our Host Service Fee;
6.1.4. you will take out appropriate insurance to cover the booking and rental of your Accommodation;
6.1.5. you will thoroughly check the Listing for your Accommodation both before it goes live on the Origins Guide website and on an ongoing basis and notify us immediately if there is anything inaccurate, untrue or misleading in the Listing;
6.1.6. you will indemnify us for any losses we suffer as a result of any claims made by Guests for misrepresentation in the Listing of your Accommodation;
6.1.7. if before the start of a Booking you become aware of anything that would adversely affect a Guest’s stay (for example nearby building work) you will immediately notify us and the Guest;
6.1.8. you acknowledge that we do not carry out detailed due diligence on Guests and are not responsible for their actions and have no liability to you for a fraudulent Booking;
6.1.9. you will accept or reject ‘request to book’ Booking Requests within 24 hours of the Booking Request being made. You understand and agree that if you do not respond to a Booking Request within 24 hours of the Booking Request then we are entitled (but not obliged) to cancel the Booking Request without notice to you;
6.1.10. you will list your Accommodation with us for at least 12 months, and provide at least 2 months (or the maximum permitted under Local Laws and regulations if less) of availability during each rolling 12-month period;
6.1.11. listing your Accommodation with us and the subsequent occupation of your Accommodation by Guests will not breach the laws and regulations that apply in the Accommodation’s country, state, town, city, and/or building (including any superior lease obligations) and nor will it breach the applicable laws (as defined in the Terms of Service) including laws or regulations that restrict you as Host having paying Guests at all and/or for short periods;
6.1.12. we have the right to use any photos of and Listing copy for your Accommodation on any marketing channels that we use in addition to the Origins Guide website;
6.1.13. you will not enter the Accommodation during any rental period other than in accordance with the provisions of the Guest/Host Agreement;
6.1.14. we are authorised to:
a. conclude Bookings between you and Guests;
b. bind you to the terms of the Guest/Host Agreement in relation to those Bookings; and
c. collect/refund payments as your collection agent, at all times in accordance with this Agreement, the Guest/Host Agreement and our Terms of Service (together with all other incorporated terms including your Host’s Applicable Cancellation Policy);
6.1.15. you have the legal right to grant the Guest a licence to occupy the Accommodation on the terms set out in the Booking Confirmation and the Guest/Host Agreement;
6.1.16. it is your responsibility to obtain any additional consents that are required, and to pay any additional costs that may be payable, in order grant to the Guest a licence to occupy your Accommodation;
6.1.17. you will comply with health and safety requirements (including any provisions for short-term stays) for instance, smoke alarms;
6.1.18. you will provide the Accommodation to Guests in clean and sanitary condition, and free from rubbish with clean bedding and bathroom towels and you will ensure that this is all in place before the stated check-in time on the Listing (not any rearranged check-in time with the Guest) and comply with any enhanced cleaning protocols notified to you by either the Origins Guide or relevant authorities;
6.1.19. all essential appliances in the Accommodation (which includes all appliances referred to in the Accommodation Listing) shall be in full working order;
6.1.20. you will provide the Accommodation in the same condition and standard as advertised in your Listing on the Origins Guide and are responsible for immediately notifying us of any changes to the Accommodation;
6.1.21. you understand the circumstances in which the Guest would be entitled to a refund under the Guest Refund Policy in the Terms of Service and will use your reasonable endeavours to ensure that the situations that could lead to a Guest making a Refund Claim do not arise;
6.1.22. you must ensure that the Guest is able to check in to the Accommodation at the check-in time (or other such mutually agreed time to allow for late arrival);
6.1.23. you will honour any Bookings made through the Origins Guide even if you are no longer an Origins Guide Member at the time of a Guest’s stay;
6.1.24. you have provided us with all House Rules that need to be included in your Listing including any restrictions that may be placed on the Guest’s occupation and use of the Accommodation imposed by third parties such as lease covenants and/or building rules; and
6.1.25. you have considered the cancellation policy options carefully and you understood their effect before choosing the cancellation policy that you would like to be applied to Bookings of your Accommodation.
7. Renewal and removal of origins guide listings
7.1. To recognise the commitment and time we take in creating and managing your Listing, unless either of us removes your Listing (as described in paragraphs below), your Listing will last for a minimum period of 12 months (“Listing Period”). At the end of that Listing Period, we may (at our sole discretion):
7.1.1. automatically renew the Listing for a second 12 month Listing Period as well as permission to promote and use Origins Guide Assets – our decision to automatically renew is at our absolute discretion and will be based on feedback received from your Guests; or
7.1.2. renew the Listing for a further 12 month Listing Period as well as your status as an Origins Guide Asset holder (for instance awards and recognition), but we shall ask you to comply with some further conditions (based on Guest feedback); or
7.1.3. renew the Listing for a further 12 month Listing Period as well as your status as an Origins Guide Asset holder, subject to re-testing in accordance with Paragraph 2 “Selecting Origins Guide Properties” above. If we feel that re-testing is necessary then appropriate Testing Fees may apply (this will be discussed and agreed prior); or
7.1.4. not renew the Listing and remove your Accommodation from the Origins Guide; or
7.1.5. permit you to withdraw the Listing.
7.2. We reserve the right, at any time and without prior notice, to remove or disable access to your Listing for any reason – either temporarily or permanently – including Listings that we determine (in our sole discretion) are objectionable for any reason.
Any removal of your Listing under this paragraph shall be without prejudice to our obligation to pay you any undisputed sums that we have received from Guests for Bookings of your Accommodation made prior to the removal of the Listing.
7.3. You may not withdraw your Listing within a Listing Period unless you can demonstrate to our reasonable satisfaction that your Accommodation is not listed for rental on any other platform or website and one of the following situations has arisen:
7.3.1. you are selling the Accommodation or otherwise renting out the Accommodation on a long-term lease or are going to occupy the Accommodation for your own purposes;
7.3.2. a change in applicable laws or regulations means that it is no longer possible or financially viable for you to offer the Accommodation for rent via the Origins Guide; or
7.3.3. any other exceptional circumstance exists which we agree (acting reasonably) means you are no longer able to offer the Accommodation for rent via the Origins Guide.
7.4 Any proposed withdrawal of a Listing should be notified to us at email@example.com. Please also provide us with as much notice as possible of the occurrence of any of the above circumstances. You are required to honour all Bookings made through the Origins Guide before your withdrawal.
8. Booking process
8.1. Upon listing your Accommodation with the Origins Guide, your accommodation will be on a “request to book” basis. This means you will be required to respond to Booking Requests within 24 hours of a Guest’s Booking Request.
8.2. A Guest will book your Accommodation by providing us with their personal information, order requirements and payment card details. Our system will then automatically produce a Booking Request setting out details of the Guest’s Booking and requiring the Guest to confirm acceptance of the terms of the Guest/Host Agreement.
8.3. We do not offer “instant bookings” however we reserve the right to introduce this functionality. This will be communicated to you in advance and you will be provided the option to either opt-in or opt-out of this booking method.
8.4. For “request to book”, our system will send to you the Booking Request and require you to confirm that you are willing to provide the requested Accommodation on the specified dates. You must provide your confirmation within 24 hours.
8.5. The dispatch of the Booking Confirmation will constitute your acceptance of the Guest’s offer to occupy your Accommodation on the terms set out in the Booking Confirmation and the Guest/Host Agreement.
8.6. Where a requirement for price parity is permissible by Local Laws and regulations and a Guest has made a Best Price Guarantee claim as outlined in Clause 13 “Our Best Price Guarantee” of the Terms of Service, if the claim is valid we reserve the right to match the price and adjust the Accommodation Charges accordingly, should the comparable price be lower by 5% or more, we may at our sole discretion, charge you the 50 AUD compensation (which we shall then pay to the guest).
8.7. You acknowledge and accept that our obligation to make payment to you of the Accommodation Charges is subject to and conditional upon our successful receipt of the corresponding amount from the relevant Guest.
8.8. We may round up or round down amounts that are payable from or to Guests or Hosts, as reasonably necessary (i.e. to the nearest dollar $101.49 to $101).
8.9. You are solely responsible for determining and paying any and all taxes which may arise from the rental of your Accommodation through the Origins Guide. We do not offer any tax advice to Origins Guide Hosts.
9. Guest due diligence
9.1. You acknowledge that we do not check Guests’ backgrounds (including, for example, whether they have a criminal record).
9.2. If we provide a description of a Guest, or background information in relation to their interactions with the Origins Guide and/or any other Hosts, it is for your information only and is confidential. Please do not rely on this information and make sure you do your own due diligence before accepting a Booking from a Guest.
9.3. We are not responsible to you for the acts or omissions of any Guest staying at your Accommodation or anyone that the Origins Guide Guest permits to visit or stay in your Accommodation.
10. Cancellations and refunds
10.1. Where a Guest cancels their Booking in accordance with the Terms of Service you agree to comply with the terms of your Host’s Applicable Cancellation Policy and shall refund any amounts due from you accordingly, and you authorise us to make payments to the Guest on your behalf if we are holding monies on your behalf as your collection agent.
10.2. Once a Guest’s Booking has been confirmed, you are not permitted to cancel that Booking other than in extraordinary circumstances that mean it is impossible for you to provide the Accommodation on the required dates or to the required standards. A Host cancelled booking has a detrimental impact upon the Origins Guide and the trust our community places in the platform. If this is the case, you must notify us immediately and provide such evidence as we need to verify the situation and comply with the Guest Refund Policy in the Terms of Service.
10.3. In the event that the Guest is entitled to a refund under the Guest Refund Policy (as set out in the Terms of Service) then you will be liable to us on demand for:
10.3.1. the Accommodation Charges paid by the Guest for the Booking;
10.3.2. any fees or payments that the Guest paid for additional services when they made their Booking; and
10.3.3. a penalty charge for cancellation, equivalent to 20% of the Accommodation Charges for the Booking (provided that at our sole discretion we may reduce this 20% as we deem appropriate);
a. for the avoidance of doubt we agree that, if Clause 6.11 of the Terms of Service apply or in a Host cancellation the Host cancels both:
i. within 24 hours of the Booking Confirmation; and
ii. more than 14 full days in advance of the start of the Booking
we will not charge the 20% set out in 10.3.3 above;
b. to the extent that we are not holding the amounts in Paragraph 10.3 on your behalf, if we are holding a credit card on your behalf, you expressly authorise us to deduct the relevant monies from the credit card that you provided when your Listing was created. If the credit card on file is no longer in use you agree to immediately provide us with an updated payment card so we can deduct the relevant monies. Note we will not make a deduction on your credit card without notifying you first;
c. ownership in any monies that we hold on your behalf as your collection agent for the Booking transfers to us immediately on our determination that the Guest is due a refund; and
d. we will retain the Host Service Fee for the Booking.
10.4. In the event that we are unable to charge the relevant monies to your credit card, or we don’t have a card on file, we expressly reserve the right to set off the amount from any future Booking(s) or issue an invoice(s) for monies due.
10.5. The Origins reserves the right to remove or cancel any Origins Guide Awards if you cancel more than twice in any rolling 12-month period. This applies even if your cancellation was within 24 hours of the Booking and more than 14 days before the start of the Booking.
11. Fees and payments
11.1. It is your responsibility to provide your Accommodation Charges to the Origins Guide and agree that you will not charge any per-night accommodation fees or fees for additional services that are higher than those displayed on any other service, website or platform (including your own service, website or platform).
11.2. We charge Hosts a fee (known as the Origins Service Fee to cover our administrative costs in relation to the collecting and distributing of payments. This will be up to 20% of the total Accommodation Charges plus applicable sales taxes for each Booking. For clarity, the fee consists of a 4.5% host charge and a variable guest fee, plus applicable sales taxes. You expressly agree that we are entitled to deduct the Origins Service Fee from the Accommodation Charges before we remit any monies to you.
11.3. We reserve the right to charge a one-time onboarding fee to cover expenses incurred from testing, photography, issuance of Origins Guide award assets and creation of the listing. If any fee is to be charged we will seek approval via email first before proceeding.
11.4. We currently charge Guests the Origins Service Fee for each Booking (as set out in the Terms of Service) that they make via the Origins Guide. We will add the Origins Service Fee to each Guest’s Booking and you expressly agree that the Origins Service Fee shall be retained by us and not remitted to you.
11.5. You expressly appoint us to act as your collection agent solely for the limited purpose of accepting and, where applicable, making refunds to the Guest on your behalf.
11.6. Subject to Paragraphs 11.7 and 11.8 below, we will transfer funds to you as follows:
11.6.1. we shall transfer the Accommodation Charges (less any deductions set out in this Agreement) to your nominated bank account on the next Friday, 48 hours after your Guest has checked in provided that if the Booking and check-in occurs within the same week, it may take us a further week to transfer the funds; and
11.6.2. we shall transfer any part of the Security Deposit that has been paid to us under the provisions of the Terms of Service to you within 14 days after we are satisfied that the sums are properly due and payable to you in relation to damage to your Accommodation.
11.7. In the event of bookings for longer than 30 days we reserve the right to use different payment scheduling. In the event this Paragraph applies we will inform you in advance of the booking being confirmed.
11.8. Notwithstanding Paragraphs 11.5, 11.6 and 11.7 above, we will not be obliged to transfer any amounts to you if there has been a dispute raised by the Guest in relation to their Booking and/or a deduction from the Security Deposit, in which case we will not make the transfer of any amounts due to you until any such dispute has been resolved.
11.9. If the security deposit requires Origins Guide to capture funds (as opposed to taking a security block), for instance if a booking is longer than 6 days, we will charge a payment processing fee of 1.8%, payable by the host from the funds remitted.
12. Property damage and security deposit
12.1. You accept that there will be reasonable wear and tear to your Accommodation over time. However, if you are able to demonstrate that your Accommodation (or any part of it) is damaged during a Guest’s stay, beyond reasonable wear and tear, you may instruct us to deduct the cost of the relevant damage from the Guest’s Security Deposit and the relevant provisions of the Terms of Service shall apply. Please note that:
12.1.1. we will only be able to recover the stipulated payment on your behalf to the extent that we are able to charge the relevant Guest’s card for the Security Deposit;
12.1.2. you will need to pursue the Guest separately in respect of any damage, the cost of which exceeds the Security Deposit; and
12.1.3. Guests may initiate the complaints procedure specified in Clause 7 “Complaints and Dispute Resolution” of the Terms of Service if they dispute the proposed deduction.
If we are unable to recover payment, we are not liable to compensate you and you need to rely on your insurance and/or your own claim against the Guest.
12.2. You must notify us within 48 hours after your Guest’s departure if damage has been caused to the Accommodation. If you do not make a notification within 48 hours, we will presume that the damage has not been caused by the Guest.
12.3. You should check the terms of any insurance policy that you take out carefully to ensure that they do not exclude losses caused by the acts/omissions of the Guests or other visitors to the Accommodation.
12.4. You are not permitted to charge Guests an end-of-stay cleaning fee as an additional cost (above the amount incorporated in the accommodation charges). However, if you are able to demonstrate that the Accommodation is heavily soiled and that in your reasonable opinion additional cleaning is required, for instance industrial cleaning is required after a Guest’s stay, you may, subject to your notifying us within 48 hours after the Guest’s departure, request us to make appropriate deductions from the Security Deposit.
13.1. If a Guest overstays at your Accommodation, we will seek to recover payment from the Guest of the relevant overstay fee set out in Clause 4 “Booking Homes with Origins Guide” of the Terms of Service. If we are unable to recover payment, we are not liable to compensate you. If we do recover payment we will pay to you any parts of the overstay fee that relate to Accommodation Charges and your costs and expenses within 14 days of receiving the payment from the Guest.
14.1. In the event that there is a problem with a Guest’s stay at the Accommodation you agree to follow the procedures set out in Clause 7 “Complaints and Dispute Resolution” of the Terms of Service.
15.1. You agree that you have sole responsibility to determine and comply with your obligations to collect, pay and report any applicable sales taxes, indirect sales tax, occupancy tax, tourist or visitor taxes or income taxes (“Taxes”) in relation to Bookings. You also agree that it is your responsibility to include and incorporate any applicable Taxes in your Accommodation Charges.
15.2. Tax regulations may mean that we have to collect Tax information from you. They may also mean that we have to hold back an amount equivalent to Taxes from payments that we make to you. If you don’t provide us with the necessary Tax information under applicable law to enable us to comply with any obligation that we have to keep back Taxes from payments to you, then we are entitled to keep back payments to you to the same value as the relevant Taxes until the obligation has been complied with.
15.3. You agree and understand that (depending on where your Accommodation is located) certain Taxes may be calculated as a percentage of the Accommodation Charges, an amount per day or other method of calculation. These Taxes:
15.3.1. are set by appropriate governmental agencies, departments or other authorities (“Tax Authority”);
15.3.2. must be collected from Guests; and
15.3.3. may be referred to as (amongst other things) tourist tax, occupancy tax, city tax, room tax or other names. For the purposes of this Agreement they will be referred to as “Tourist Taxes”. You understand and agree that Tourist Taxes need to be paid to the relevant Tax Authority.
15.4. We may decide in our sole discretion to collect and pay to the relevant Tax Authority the Tourist Taxes due on Bookings. We will do this in accordance with the terms of this Agreement and the Terms of Service (“Collection and Payment”).
15.5. We may decide to implement direct Collection and Payment where the appropriate jurisdiction requires either us or you, as Host, to collect and pay Tourist Taxes. If we do decide to implement direct Collection and Payment, you hereby instruct and authorise us to collect Tourist Taxes from your Guests on your behalf. We will do this when we collect Accommodation Charges for a Booking and we will remit the appropriate Tourist Taxes that we collect to the relevant Tax Authority.
15.6. Even in jurisdictions where we and/or you are not required to collect and pay Tourist Taxes, we may decide in our sole discretion to collect Tourist Taxes from your Guest and pay these Tourist Taxes to you if you provide us with relevant tax information that shows that you are eligible and qualified to accept the Tourist Taxes. If we do this then you agree that you will report and pay the Tourist Taxes to the appropriate Tax Authority. You confirm and agree that you are solely responsible for calculating the Tourist Taxes due on a Booking and for including those in your Accommodation Charges on our website. You also agree that you are solely responsible for paying the Tourist Taxes directly to the relevant Tax Authority. We have no liability if you fail to comply with any applicable tax reporting or payment obligations.
15.7. If we collect Tourist Taxes when the Guest makes a Booking you agree that you will not collect any Tourist Taxes that we are collecting for the Booking.
15.8. You agree that if the Taxes that we collect and/or pay on your behalf do not fully discharge your tax obligations on a Booking then you will pay to us or the relevant Tax Authority the balance due. You agree that we have no liability to you other than our obligation to pay Tourist Taxes that we have collected on the Booking.
15.9. We may at any time stop Collection and Payment services provided that we will let you know if we do. This does not remove your liability to collect and pay relevant Taxes relating to Bookings to the appropriate Tax Authority.
16.1. Subject to Paragraph 16.3 below we shall not be liable to you for: (i) any loss of profits (whether direct or indirect), (ii) loss of business; (iii) loss of goodwill; (iv) loss of reputation or any other economic loss (in each case, whether direct or indirect) or for any indirect, consequential, or incidental damages or expenses of any kind; (v) any amounts that you pay, or are liable to pay, to any Guest (or any other person in relation to your Accommodation); (vi) loss of, damage to or corruption of data; (vii) any losses under the Guest/Host Agreement (viii) injury suffered by you; or (ix) losses or expenses incurred as a result of the conduct or misconduct of any Guest.
16.2. Our liability to you for all losses shall not exceed the fees that we have collected on your behalf but failed to pay to you in breach of this Agreement.
16.3. Nothing in this Paragraph 16 limits or excludes our liability for death or personal injury caused by our negligence (or the negligence of our agents or employees) or for fraud.
17.1. Where you are liable to pay any sums to us or to a Guest pursuant to this Agreement, the Guest/Host Agreementor the Terms of Service, you agree that we may (at our discretion) deduct the relevant sum from future payments due to you, in the event that you have not paid the relevant amount in the stipulated time period or, at our discretion, invoice for sums liable.
17.2. We shall not be in breach for failure or delay in fulfilling any of our obligations under this Agreement to the extent such failure or delay has been caused by any breach by you of this Agreement, or by any event outside of our control.
17.3. This Agreement, together with the terms contained in the documents referred to in this Agreement (which include but are not limited to the Terms of Service, the Guest/ Host Agreement, the cancellation policy that you choose to apply to your Bookings) constitutes the entire agreement between you and us and any other terms, conditions or prior representations whatsoever shall be of no effect unless expressly set out in this Agreement. Nothing in this Paragraph limits or excludes either party’s liability for fraud.
17.4. If any term of this Agreement is found to be void or unenforceable by any court or authority of competent jurisdiction or is not permitted under local Laws and/or relevant law (as defined in the Terms of Service), then all other provisions of this Agreement will remain in full force and effect and will not in any way be impaired provided the parties agree a replacement provision which is as close as is legally permissible to the provision found invalid or unenforceable.
17.5. This Agreement does not confer any rights on any person or party (other than the parties to this Agreement).
17.6. We shall be entitled to sub-contract or delegate our obligations under this Agreement without your consent, provided that we continue to remain ultimately responsible for the performance of those obligations.
17.7. This Agreement and any non-contractual obligations arising out of or in connection with it is governed by and is to be construed in accordance with the laws Victoria.
17.8. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
17.9. The parties agree to act in good faith and co-operate with each other to resolve any dispute. In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between parties, you may not commence court proceedings relating to a Dispute without first meeting with a senior representative of Origins Guide (in good faith) to resolve the Dispute. If the parties cannot agree how to resolve the Dispute at that initial meeting, either party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, either party may ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the parties. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
Last updated on: 11th August 2020