The Origins Guide Terms of Service
The Origins Guide Terms of Service
Please read these Terms of Service carefully as they contain important and binding information about your legal rights, remedies and obligations. By accessing or using the Origins Guide platform whether via the website, mobile, tablet or other smart device applications, you agree to comply with and be bound by these Terms of Service.
Please note that these Terms of Service are in addition to our terms that apply to Origins Guide Members who reserve accommodation (“Accommodation”) through our website (“Guests”) and to Origins Guide Members who are Hosts of Accommodation (“Hosts”). The terms of the Guest/Host Agreement and the Host/Origins Guide Agreement are incorporated into these Terms of Service together with the terms of the Cancellation Policies, and other applicable Policies. References to Terms of Service include the terms of all incorporated Agreements and Policies. These Terms of Service constitute a legally binding agreement between you and the Origins Guide (as defined below) and, as appropriate between Guests and Hosts and you should read them carefully.
1.1. We exist to connect guests with design forward, unique homes with a story to tell. The world is full of choices and our marketplace provides a curated collection of properties, helping guests to effectively seek out and experience great homes.
1.2. We, Nomadic Hotels Australia Pty Ltd, registered in Australia under Australian Company Number 631 343 452. When this policy mentions “Origins Guide,” “The Origins,” “we,” “us,” or “our” it refers to Nomadic Hotels Australia Pty Ltd which trades as “Origins Guide” as operator of the website originsguide.com and www.the-origins.com (“website”) and the platform available to Origins Guide members through the website (“platform”)
1.3. The Origins Guide website and smart device applications showcase, and (via the website) allow Hosts to offer and Guests to book for holiday and short-term occupation, a collection of the most unique, design forward and architecturally inspiring spaces.
1.4. These Terms of Service apply to and bind Origins Guide Members, as well as anyone who accesses our website. These Terms of Service apply to short-term Bookings of Accommodation. For longer bookings different terms may apply and you should speak to the Origins Guide.
1.5. The most important thing for you to remember is that the website is a platform aiming to connect Guests with Hosts. We are not a party to the Guest/Host Agreement, and we are not an owner or operator of any of the Accommodation listed on our website and nor are we an organiser or retailer of travel packages. We are not responsible for any of the actions or inactions of Guests or Hosts.
1.6. We may amend these terms at any time, and we will post any new versions of our Terms of Service on our website. By continuing to use our website, you are expressly agreeing to the Terms of Service in operation at that time. For the avoidance of doubt the applicable terms of the Guest/Host Agreement for Bookings will be those that are in force at the time of the relevant Booking. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms.
1.7. We do not own, manage or have any rights in the Accommodation that Hosts list on our website (“Listings”) and we are not responsible for, and make no warranties or representations in relation to, any inaccuracy of Listings or the lack of suitability or safety of the Accommodation for the Guest’s proposed use. It is the Host’s responsibility to ensure the representations made in the Listing are accurate as they will be relied on by the Guest and the Origins Guide. The Host agrees and warrants that they will at all times ensure that their Listings are up to date and accurate and the Guest agrees that, before booking, they have carried out all necessary investigations to ensure that the proposed Accommodation meets their needs.
1.8. We do not carry out due diligence, money laundering or identity checks on Guests (other than we may at our discretion run ID checks on Guests). It is the responsibility of the Host to exercise due diligence and care before accepting a Booking Request.
1.9. The Host is responsible for the decision on whether to accept or reject the Booking Request, the Origins Guide provides an introduction service and makes no warranties about the suitability of the Guest.
1.10. The Origins Guide is unable to guarantee that access to the Origins Guide website, platform and other Origins Guide applications will always be available, or that any content on it will be free of interruption, errors or omissions. However, we will use reasonable skill and care to avoid any such interruptions, unavailability, errors or omissions by having appropriate performance, security and quality controls in place.
2. Becoming an origins guide member
2.1. In order to become an Origins Guide Member (and therefore be able to list or book Accommodation through our website as a Host or a Guest), you will need to create an account with us.
2.2. You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete. Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.
2.3. Only people over the age of 18 can create an account and become an Origins Guide Member. Also, please do not create more than one account with us.
2.4. When you choose a username and/or password during the account sign-up process, please keep it confidential and do not disclose it to anyone else.
2.6. We take discrimination very seriously and as an Origins Guide Member you must not discriminate against anyone for any reason or be abusive, offensive or defamatory. You must not post any communications which are discriminatory, offensive or defamatory on the website and/or our platform or other media and must not act in a discriminatory way either in writing or in person. We have the right to block your access to and use of the website, platform, media and Origins Guide services and to remove you as an Origins Guide Member if you do. We may also remove any Listings that you have on the website and deny access to Accommodation if you are a Guest (in which case, on our notification to you, your Booking will be deemed to be cancelled by the Guest and the Host’s Applicable Cancellation Policy will apply). If a Host is discriminatory, offensive, abusive or defamatory to a Guest then the Booking will be deemed to be cancelled by the Host and the terms of the Guest Refund Policy in Clause 6 “Cancellation and Refunds” will apply. The Origins Guide’s decision on the application of the provisions of this clause is final and binding on all parties.
3. Booking agents and property managers
3.1. If you are an Origins Guide Member acting in the capacity of a booking agent for a Guest or a Manager (as defined below) for a Host you hereby confirm and warrant to us and the other party that you have the irrevocable authority to enter into and bind the Guest or Host (as applicable) under these Terms of Service, Guest/Host Agreement and Host/Origins Guide Agreement including the right to offer and make Bookings. You further warrant that the Guest or Host (as applicable) has read and understood these Terms of Service, Guest/Host Agreement and Host/Origins Guide Agreement and, as applicable, the Host’s Applicable Cancellation Policy, and understands that by authorising you to act as their agent/Manager they are bound by these Terms.
3.2. If the Guest uses an agent to make a Booking on the Guest’s behalf the Guest warrants and represents to the Origins Guide and the Host that the agent has irrevocable authority from the Guest to make the Booking on the Guest’s behalf and bind the Guest to the terms of the Guest/Host Agreement
3.3. We do allow Hosts to appoint agents (“Managers”) to manage the Host’s Listing(s) and comply with the Host’s obligations contained in these Terms of Service, the Guest/Host Agreement and the Host/Origins Guide Agreement.
3.4. It is the responsibility of the Host to agree with their Manager the extent of the Manager’s authority and the Origins Guide shall not be liable for any actions taken by the Manager outside their authority. As Host you warrant and represent to us and we are entitled to assume that, where a Host has appointed a Manager, we may deal with and take instructions from the Manager on all aspects of Listings and Bookings unless otherwise notified in writing by the Host. For the avoidance of doubt this includes (but is not limited to) approving Listings, accepting Bookings, setting the Host’s Applicable Cancellation Policy and House Rules, Accommodation Charges, calendar availability and performing any other Host services and obligations.
3.5. An agreement made between a Host and their Manager must not conflict with these Terms of Service, the Guest/Host Agreement, the Host/Origins Guide Agreement and any other terms applicable to Bookings.
3.6. Hosts should exercise due diligence and care when deciding who to appoint as their Manager. As Host you acknowledge that reviews from Guests may be affected by a Manager’s conduct and performance.
3.7. If the Host no longer wishes to use their Manager the Host must notify us in writing and we will change the Host contact details on our system. The Host will be bound by any Bookings, decisions, acts or omissions made by the Manager before we received notice that the Manager has been disinstructed by the Host. We have one named Host on our system to whom all communication will be sent and instructions will be taken and therefore if the Host has appointed a Manager it will be the Manager’s details that are named and with whom we will communicate.
4. Booking homes with origins guide
4.1. Guests may use the website to review Listings, check availability, and make a booking request for Accommodation (“Booking Request”).
4.2. The Guest is then taken to a page where they review the Booking Request which will set out details of the Booking. If you wish to proceed then the Guest confirms the Booking Request by entering payment details, accepting the Terms of Service and the Host’s Applicable Cancellation Policy and where appropriate the House Rules. By doing this the Guest confirms the Booking Request.
4.3. By confirming the Booking Request and providing their payment card details, the Guest is offering to enter into a licence to occupy the Host’s Accommodation for the stated period at the stated price, in accordance with the terms of the Guest/Host Agreement. The Guest is also offering to pay for any additional services set out in the Booking Request. By submitting a Booking Request the Guest is agreeing to be bound by these Terms of Service, the Guest/Host Agreement, the Host’s Applicable Cancellation Policy and the House Rules. They are also confirming that they have reviewed the Accommodation Listing and that the Accommodation is suitable for any specific needs that they may have.
4.4. The Guest may be asked to verify their identity.
4.5. Accommodation is bookable on a “request to book” basis. Within 24 hours of the Booking Request the Host is obliged to send to the Guest either a Booking Confirmation or a notification that the Booking has been rejected. A booking (“Booking”) is confirmed at the date and time when a Booking Confirmation is sent to the Guest and this is the Booking Time for the purposes of applying and interpreting the Host’s Applicable Cancellation Policy.
4.6. At the same time as sending the Booking Confirmation, we will collect payment of the amount set out in the Booking Request. We act as the Host’s and Guest’s intermediary web platform for concluding the agreement for the occupation of the Accommodation. The Guest will be responsible for all taxes arising as a result of its rental of the Accommodation including for example any hotel or tourist tax or goods and services tax (or equivalent) – and these will be included in the figure in the Booking Confirmation. Guests agree that if the hotel or tourist tax (or equivalent) collected by us on making a Booking is not enough to fully discharge the Guest’s tax liability for a Booking, they will pay either to the Origins Guide or to the appropriate tax authority any additional amounts due to the appropriate tax authority. Guests also acknowledge that we may, if required, stop collecting taxes due from the Guest on Booking and in this case we will let you know and it will then be the Guest’s responsibility to pay any taxes due for the Booking to the relevant tax authority.
4.7. As Guest, once your Booking has been confirmed, the reservation is personal, exclusive and non-transferable without prior consent of the Host. If you decide that you would like to order further additional services from your Host or remove any additional services, you must contact the Origins Guide to make the request (although note that some additional services will need to be booked/cannot be cancelled without giving notice at least 48 hours prior to your arrival (or longer where the additional service provider requires more than 48 hours to cancel in accordance with their own terms and conditions)).
4.8. If the Guest does not receive a Booking Confirmation or notification that the Booking has been rejected within the timescales referred to above, please let us know immediately by emailing to email@example.com
4.9. The Guest and the Host agree that a legally binding contract between the Guest and the Host on the terms of the Guest/Host Agreementis formed and entered into when the Booking Confirmation is dispatched. We are not a party to the Guest/Host Agreement.
4.10. The Guest and the Host agree with each other and with the Origins Guide that they will at all times comply with the terms of the Guest/Host Agreement entered into in relation to the Booking. If the Guest and the Host mutually agree any terms or arrangements which are outside the scope of the Guest/Host Agreement then any such terms or arrangements are at the risk of the Guest and Host and do not form part of any agreement facilitated by the Origins Guide and the Origins Guide shall exclude all liability relating to any such terms or arrangements. Any such terms must not conflict with these Terms of Service and these Terms of Service take precedence.
4.11. Guests understand that a confirmed Booking of Accommodation is a limited licence granted by the Host to the Guest to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with the terms of the Guest/Host Agreement.
4.12 Guests agree with the Host and the Origins Guide:
4.12.1. to leave the Accommodation no later than the check-out time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host;
4.12.2.that if they stay past the agreed check-out time without the Host’s consent, they no longer have a licence to stay in the Accommodation and the Host is entitled to make the Guest leave in a manner consistent with applicable law;
4.12.3. to pay to the Host (through the Origins Guide as the Host’s collection agent) on demand an overstay fee (as defined below) for the period from and including the check-out time until the Guest checks out of the Accommodation; and
4.12.4. that the Host may instruct the Origins Guide (acting as the Host’s collection agent) to deduct such overstay fee from the Guest’s payment card.
4.13. The “overstay fee” is calculated at a daily rate for each 24 hour period starting at the check-out time and is the total sum of the following:
4.13.1. an amount equivalent to two times the average nightly Accommodation Charges for the Booking; plus
4.13.2. an amount equivalent to the linked Origins Service Fee; plus
4.13.3. any reasonable ancillary costs for example payment charges that are incurred by the Host and/or the Origins Guide in taking payment; plus
4.13.4 legal expenses incurred as a result of the Guest overstaying.
4.14. If the Guest requires the Host to arrange for a third party to provide goods or services, the Guest acknowledges and agrees that the supply of those goods or services will be subject to the relevant third party’s terms and conditions, and neither we nor the Host will be responsible for any failure in performance by that third party.
5. Charges, fees and payments
5.1. There is no fee payable for becoming an Origins Guide Member, but certain fees are payable in relation to our service as follows:
The “Accommodation Charges”: these are the charges that we collect from Guests on behalf of Hosts for the occupation of the Host’s Accommodation and any additional services that have been ordered.
The “Security Deposit”: this is the amount specified in the Accommodation Listing which is a deposit against any damage caused to the Accommodation during each Guest’s stay. The amount will be applied as set out in this clause 5.
The “Origins Service Fee”: this is the fee that we charge to Guests and Hosts for the provision of our service. The Origins Service Fees are up to 20% of the total Accommodation Charges plus applicable sales taxes. Guests and Hosts acknowledge and agree that once the Booking Confirmation has been sent, the Origins Service Fee is non-refundable, other than in the limited circumstances set out in the Guest Refund Policy and/or the Host’s Applicable Cancellation Policy.
The “Testing Fee”: this is the fee(s) that we may (but are not obliged) to charge to a Host when we are testing new, or re-testing existing Origins Guide homes. The testing fee includes inspection, preparation and alterations or changes of the digital listing and photography fees. If applicable any charges or fees will be notified and agreed to beforehand.
5.2. Where additional payments have been agreed between Guests and Hosts after the Booking has been made (including but not limited to payments for additional services not included in the Booking and/or payments for loss or damage to the Accommodation during the stay) we reserve the right to charge Guests and Hosts (as applicable) up to 4% of the value of the payment plus applicable sales taxes to cover our out of pocket expenses in facilitating the payments between Guests and Hosts. For the avoidance of doubt this includes payments after the end of the Guest’s stay where deductions are made from the Security Deposit due to damage caused by the Guest.
5.3. When, as a Guest, you are required to provide us with payment card details, you must be the holder of that card or expressly and legally authorised by the holder to use the card for the intended purpose. If you, as a Guest, expressly authorise a third party to use your card, you are warranting and representing to the Origins Guide that such authorisation is legal and permitted by the credit card company. You agree to pay all charges incurred by you or any users of your account at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your Bookings and notified to you.
5.4. The Host appoints and expressly authorises the Origins Guide to act as a collection agent solely for the limited purpose of taking payments from and, where applicable providing refunds to, the Guest on behalf of the Host in relation to Bookings. You, as Guest, acknowledge and agree that if we take any payments from you, we are doing so as a collection agent acting on behalf of the Host for the limited purpose of accepting payments from you and passing the Accommodation Charges and if applicable the Security Deposit and other payments due to the Host in accordance with the terms of these Terms of Service, the Guest/Host Agreement and the Host/Origins Guide Agreement and, as collection agent, we will be the merchant on record for taking payments.
5.5. We may round up or round down amounts that are payable from or to Guests or Hosts, as reasonably necessary.
5.6. If you are a Guest and are due a refund under the Host’s Applicable Cancellation Policy, then, provided that the Booking was fully paid for and that the Guest has not made (and has confirmed to us that they will not make) any chargeback request, we will pay the refund amount due to you within 14 days after we receive notice of cancellation, provided that we have retained or are able to collect the relevant monies from the Host. If we do not hold the relevant monies then the Host agrees that they will pay the refund within 14 days after notification of cancellation. Note that the Origins Service Fee is non-refundable except in limited circumstances which will be set out in the Host’s Applicable Cancellation Policy. Please note that neither we, nor any Host, will be responsible for any additional fees, costs or expenses that you have incurred in relation to a cancelled booking (including travel costs or event tickets). You are therefore strongly advised to take out adequate travel insurance to cover any booking you make via the Origins Guide.
5.7. Guests shall be responsible for paying any hotel or tourist or goods and services tax (or equivalent) that may be payable in relation to the occupation of the relevant Accommodation under applicable law. Please see clause 4.6, which sets out how we currently deal with hotel or tourist or goods and services tax (or equivalent).
5.8. The Guest is not permitted to make and the Host is not permitted to take any payments to the Host outside of the Origins Guide service (including paying in cash for additional services). The Origins Guide shall not be liable to the Guest (or to the Host) in relation to any payments that the Guest makes outside of the Origins Guide service or for the delivery/non-delivery of services in relation to those payments.
5.9. The Host is not permitted to charge the Guest an end-of-stay cleaning fee as an additional cost (as this is incorporated in the booking). However, if the Accommodation is heavily soiled and in the Host’s reasonable opinion additional cleaning above what is reasonably expected (e.g. industrial cleaning is required after the stay), the Guest expressly authorises us (on behalf of the Host) to deduct from the Guest’s payment card an amount from the Security Deposit to cover the reasonable costs of such cleaning up to a maximum amount equivalent to the Security Deposit. If the amount required (together with any other amount due to the Host from the Security Deposit) exceeds the Security Deposit then the balance shall be paid by the Guest to the Host on demand.
5.10. The Guest expressly authorises the Origins Guide (on behalf of the Host) to deduct from their payment card the cost of any damage to the Accommodation and its contents, (other than reasonable wear and tear), which occurred during their stay up to the value of the available Security Deposit (after taking into account any other claims on the Security Deposit). If the cost of the damage to the Accommodation is greater than the value of available balance on the Security Deposit, the Guest will still be liable to the Host for the full cost of the damage and the balance shall be paid by the Guest to the Host on demand. Any complaints the Guest may have in relation to deductions made from the Security Deposit should be addressed in accordance with Clause 7 “Complaints and Dispute Resolution” below.
5.11. If the Host requires the Origins Guide to make any deductions from the Security Deposit we will notify the Guest of the deduction within 48 hours of making the deduction together with the Host’s reasons for the deduction.
5.12. The Host reserves the right to ask for a security deposit (as listed in the booking confirmation or listing). This can either be collected and held by The Origins Guide or the Host directly. If The Origins agrees to hold the deposit this may require the processing of another transaction to collect the security deposit. This will be done during the booking confirmation process or before check-in. Failure to comply will be deemed as a guest cancelation.
5.13. The Guest’s right to initiate a chargeback on the payment card is subject to the provisions of Clause 7.12.
5.14. If you do not comply with Clause 7.12 before making a chargeback request or if you make a payment for a Booking and later dispute this legitimate charge by raising an unmerited chargeback (as determined by us in our sole discretion), whether fraudulently or otherwise then we may take such steps as we deem fit (including using any lawful means) to recover all monies from you resulting from such unmerited chargeback together with our costs and expenses in doing so. We will not tolerate chargeback fraud.
5.15. An unmerited chargeback includes, but is not limited to, disputing a charge made pursuant to the Host’s Applicable Cancellation Policy; disputing charges made by the Host or us when you have not used reasonable efforts to resolve the dispute with the Host in accordance with Clause 7 “Complaints and Dispute Resolution”; requesting a chargeback without legitimate reason and/or evidence and supporting information in respect of the chargeback.
5.16. The Origins Guide may, in its sole discretion, round up or round down amounts that are payable from or to Origins Guide Members to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar); for example, the Origins Guide may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
Currency & foreign credit cards
5.17. All quotes, payments and transactions will be in Australian Dollars (AUD). Any banking or currency related conversion charges and fees will be borne by the Guest. The Origins reserves the right to charge an additional 2% for any additional fees incurred for processing non-Australian credit cards.
5.18. When a confirmed Booking is modified or cancelled, and a currency conversion has been applied, the Guest’s payment or refund will be processed in the same currency as the currency used in the Booking, calculated as above using the appropriate rate of currency conversion at the time of the change.
6. Cancellation and refunds
Cancellation by guest
6.1. Guests can cancel a Booking at any time subject to the terms of the cancellation policy selected by the Host to apply to the Booking (“Host’s Applicable Cancellation Policy”) which is set out in the Listing for the Accommodation.
6.2. The terms of the Host’s Applicable Cancellation Policy are incorporated into these Terms of Service and are binding on all parties. It is very important that before making a Booking, Guests check on the Listing which Host’s Applicable Cancellation Policy applies to their Booking and that Guests read and understand the terms of the Host’s Applicable Cancellation Policy. If Guests do not understand any of the terms of the Host’s Applicable Cancellation Policy they should contact the Origins Guide who will explain. By making a Booking, Guests confirm that they understand and are bound by the terms of the Host’s Applicable Cancellation Policy which will be strictly interpreted.
6.3. The Guest acknowledges and agrees that refunds are only available in accordance with Host’s Applicable Cancellation Policy (unless the Guest Refund Policy set out below applies).
6.4. To cancel the Guest must send an email to firstname.lastname@example.org which must clearly state that the Guest is cancelling their Booking. The time that our server receives their email will be the time that the Guest has notified us of the cancellation and will be the time taken to be the cancellation date and time (the “Cancellation Time”) for the purposes of applying the terms of the Host’s Applicable Cancellation Policy.
6.5. We will strive to notify the Host of the cancellation notification within 1 working day of receiving the email from the Guest. From time-to-time this may take slightly longer.
6.6. The Origins Service Fee is non-refundable except if the Booking qualifies for free 24 hour cancellation in accordance with the Host’s Applicable Cancellation Policy or if the Guest is entitled to a refund under the Guest Refund Policy. If the Origins Service Fee is refundable we will refund it to the payment card used for the Booking. The Host will refund any part of the Accommodation Charges due to the Guest in accordance with the Host’s Applicable Cancellation Policy to the payment card used for the Booking within 14 days of a valid cancellation.
6.7. If the Guest arrives for check-in with a greater number of guests or animals than as booked or is clearly going to be in breach of the House Rules set out in the relevant Listing then the Host is entitled to refuse access to the Accommodation and this will be a deemed cancellation on the day of check-in by the Guest and the Host’s Applicable Cancellation Policy will apply. The Host must notify us within 1 hour of this event.
6.8. If the Guest fails to turn up for the check-in within 24 hours of the check-in time set out in the Listing then it is deemed a cancellation by the Guest (unless otherwise agreed by the Host) and the Host’s Applicable Cancellation Policy shall apply. If the Guest is going to be late for check-in then they should notify the Host through the Origins Guide platform, the host contact details provided or by phoning us in advance of the check-in time in order to rearrange a new check-in time with the Host. If the Guest is going to be late then the Host and the Guest will cooperate with each other to arrange a new reasonably acceptable check-in time.
6.9. Guest Refund Policy
6.9.1. Hosts agree not to cancel a Booking except in exceptional circumstances.
6.9.2. Nonetheless if the Host:
a. cancels a Booking; or
b. is deemed to have cancelled a Booking (“deemed cancellation”) because either they did not give access to the Accommodation at the check-in time or any rearranged mutually agreed reasonable time (e.g. did not provide access to keys or any necessary security codes) or because the Host’s action(s) have led to a deemed cancellation under Clause 2.6);
then clause 6.9.3 shall apply.
6.9.3. If any of the events in clause 6.9.2(a) or (b) arise then if, as Guest, you have satisfied the following conditions:
a. you have not directly or indirectly caused the circumstances set out above (through your action, omission or negligence); and
b. you are the Guest that made the Booking; and
c. you have used reasonable endeavours to cooperate with the Host if they needed to arrange an alternative reasonable check-in time; and
d. you notified the Host if you were going to be unavailable at the check-in time and made reasonable alternative check-in arrangements
then you may notify us of your refund claim. You must do this within 24 hours of the Host’s cancellation or deemed cancellation.
6.9.4. We will then notify the Host and if we, at our sole discretion, agree that one of the circumstances in 6.9.2(a) or (b) above arose and we agree that the Guest satisfied all of the conditions in 6.9.3 then, provided that the Guest has not made (and has confirmed to us that they will not make) a chargeback request, we will, in cooperation with the Guest, either:
a. transfer the Booking/payment to another reasonably equivalent Origins Guide property of the Guest’s choice (subject to availability and suitability). If the charges for the new property are:
i. less than 15% higher than the charges for the Accommodation originally booked then the Origins Guide will pay the additional amount;
i.i. more than 15% higher then the charges over the 15% figure will be payable by the Guest;
i.i.i. lower than the charges for the Accommodation originally booked we and the Host agree to refund any excess to the Guest.; or
b. refund to the Guest the Accommodation Charges, Origins Service Fee and any fees or payments that the Guest paid for additional services when they made the Booking.
6.9.5. if the Host disputes the Guest’s claim for a refund then, having considered the evidence from both parties, we will determine whether a refund is due to the Guest and our determination shall be final and binding on all parties.
6.9.6. Both the Guest and the Host agree that they will act in good faith and co-operate with us and each other in the event of a refund claim being made.
6.10. Please note that neither we, nor any Host, will be responsible for any additional fees, costs or expenses that the Guest has incurred in relation to a cancelled Booking (including travel costs, event tickets, moving fees etc.). The Guest is therefore strongly advised to take out adequate travel insurance to cover any Booking made via the Origins Guide.
6.11. The Guest may also be entitled to a refund from the Host of the Accommodation Charges and any additional payments that the Guest paid for additional services when they made the booking where they can prove that the cancellation of a Booking is due to reasons set out in clause 12.6 below, which were not known at the time of making the Booking.
7. Complaints and dispute resolution
7.1. The following provisions apply to disputes that arise between Guests and Hosts in relation to Bookings.
Disputes on check-in
7.2. If the Host has provided an inventory and the Guest finds that there are items missing from the inventory or that the appliances in the Accommodation are materially not as described in the Listing or not in working order then the Guest must notify the Host within 24 hours of check-in.
7.3. If the Guest reports any of the issues set out in Clause 7.2. Above to the Host then the Host must use all reasonable endeavours to remedy the situation to the Guest’s reasonable satisfaction within 24 hours of notification. If it is not possible to remedy within 24 hours then the Host must communicate with the Guest and arrange for remedy as soon as reasonably practicable.
Disputes arising during the guest’s stay
7.4. If during the Guest’s stay any problems arise with the Accommodation and/or the appliances in the Accommodation then the Guest must notify the problems to the Host as soon as reasonably possible and in any event within 24 hours of discovery of the problem, the Host must use all reasonable endeavours to remedy the situation to the Guest’s reasonable satisfaction within 24 hours of being notified of it. If it is not possible to remedy within 24 hours then the Host must communicate with the Guest and arrange for remedy as soon as reasonably practicable.
7.5. Any complaint from a Host in relation to damage to the Accommodation or any other issue with the stay must be communicated to the Guest and to us within 48 hours after the Guest’s departure.
7.6. Any complaint or dispute from a Guest in relation to deductions from the Security Deposit must be communicated to the Host and us within 48 hours of the Guest being notified of the deduction.
Reporting to origins guide mediation
7.7. The Guest and the Host agree to act in good faith and co-operate with each other to resolve any dispute. However if the Host and the Guest have not resolved any dispute referred to in Clause 7.2-7.6 within 48 hours of one party notifying the other of the dispute then either party may notify Origins Guide.
7.8. The Host must notify the Origins Guide within 48 hours after the Guest’s departure if damage has been caused to the Accommodation. We will also ask the Host to provide evidence of any such damage. If the Host does not make a notification within 48 hours, we will presume that any damage is not the fault of the Guest, unless evidence suggests otherwise.
7.9. Where a complaint has been escalated to us (including a complaint in relation to damage to the Accommodation and/or deductions from the Security Deposit), we will investigate the issue and respond to the Guest and/or the Host as soon as is reasonably practicable. We will use the contact information provided in the Booking Confirmation to communicate with each party unless otherwise advised. Each party will need to provide us with all information and evidence we reasonably require to investigate the complaint. We will use our reasonable endeavours to mediate and resolve any dispute within 7 days after it is first notified to us, but we give no warranty or undertaking that we will successfully mediate any dispute during this 7-day time period, or at all.
7.10. If after 7 days from the date of notification to the Origins Guide of any dispute (or earlier if the Origins Guide decides in its absolute discretion that it will not be able to facilitate a resolution of the dispute within that time), the dispute has not been resolved, then the Guest and the Host may agree to professional mediation. For disputes between hosts and guests, we encourage the parties to attempt to resolve disputes (including claims for returns or refunds) with the other party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the parties may choose to resolve the dispute in any manner agreed between the parties or otherwise in accordance with applicable laws.
7.11. Both parties agree to cooperate with and assist the Origins Guide in good faith, and to provide the Origins Guide with such information and take such actions as may be reasonably requested by the Origins Guide, in connection with any damage claims or other complaints or claims made by the other party relating to the stay at the Accommodation or any personal or other property located at an Accommodation.
7.12. The Guest agrees not to issue proceedings against the Host or initiate a chargeback on the payment card until the expiry of any mediation and/or Arbitration proceedings carried out in accordance with this Clause 7.
8. Identity of guest(s) and conduct
8.1. The individual making the reservation must be a guest staying at the Accommodation unless the Guest has clearly notified the Host otherwise (e.g. booking the Booking is being made by an agent) in which case Clauses 3.1 and 3.2 above shall apply.
8.2. The maximum number of people permitted to stay at the Accommodation is stipulated in the Listing. If there are more people than this in occupation then Clause 6.7 applies.
8.3. Unless otherwise agreed with the Host you must be over the age of 18 to reserve Accommodation through our site. Under 18’s are entitled to be included as additional Guests subject to the applicable House Rules for the Accommodation.
8.4. The individual making the reservation and all guests (over the age of 18) staying at the accommodation will produce valid identification (Australian Driver’s licence, Recognised Australian Identity document or Passport) if requested by the host or Origins Guide either after booking or at the time of check-in. Failure to comply will be deemed as a guest cancellation.
9. Cancelling your origins guide membership terms applicable to guests
9.1. You may cancel your registration with us (and therefore your Origins Guide Membership) at any time by sending an email to email@example.com
9.2. We may suspend or terminate your registration (and therefore your Origins Guide Membership), by sending you an email, if you have breached these Terms of Service (or we reasonably suspect you have done so).
9.3. Please note that cancelling your membership will not entitle you to any refund in relation to Accommodation that you have booked and paid for prior to the date of any cancellation or termination.
9.4. For the avoidance of doubt, this Clause 9 does not apply to members who are Hosts.
10. Use of content and third-party links and referrals
10.1. We, or our licensors, own all rights in our website and all content that is made available through our website, including all text and images, photographs and Origins Award assets in relation to your Accommodation (digital content). This includes all intellectual property rights.
10.2. In consideration of you agreeing to abide by these Terms of Service, we grant you as Host a non-transferable, non-exclusive, non-commercial licence to use our website and the digital content during the period of your Origins Guide Membership for the purposes of managing your accommodation and downloading and using your Origins Award assets. Anything outside these uses are prohibited including use of our photographs. We reserve all other rights.
10.4. To the extent that our website provides a platform for third party applications, websites and services or links to third party websites, you acknowledge and agree that we are not responsible for the features or content contained within, or made available to you by, any third party application, service or link.
10.5. If you are referred to a third party (or third parties) for recommendations, suggestions, featured or promoted products or experiences. This may be through written media, correspondence or offline conversations. We may receive a commission, fee and/or other compensation on some purchases made on, through, or linked from the service. It is your responsibility to independently assess the accuracy, quality and authenticity of the offering. We offer no guarantee or liability for these services or products. All transactions occurring off our platform are between you and the third party provider without any involvement from the Origins Guide
11. Access to and use of our website
11.2. If we make available functionality which allows you to provide a rating and review for use on our website, you agree that: (a) the review represents your honestly-held belief following your stay at the Accommodation, which is fair, truthful and factual; (b) your rating and/or review shall not be offensive, defamatory or discriminatory (c) we have the right to use that review on our website or other media platforms, and modify its content, at our discretion; (d) we have the right to attribute that review to your username; and (e) we may remove the review from our website at any time and in our sole discretion. We disclaim any and all liability, to the extent permitted by applicable law, in relation to any reviews on our website.
11.3. Although we curate and select the Accommodation discerningly as detailed on our website, we do not perform extensive background checks on Host’s identities.
12.1. Our website and the digital content are provided “as is” and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or our digital content, whether express or implied. In particular (but without limitation) we exclude any warranty as to the reliability or accuracy of any of the digital content.
12.2. Nothing in these Terms of Service shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) our fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by law.
12.3. However, to the extent permitted by law and subject to Clause 12.4 below:
12.3.1. our maximum liability to you as a Guest (whether in contract, tort, negligence, misrepresentation or under any other legal head of liability) in relation to your use or inability to use or delay in use of any element of our website and any digital content shall be limited to:
a. the Origins Service Fee (where there are no service fees paid, AUD 1.00) paid by the Guest in respect of the relevant Accommodation via our service (where the Origins Guide Member is, notwithstanding the exclusions set out in these Terms of Service or the Guest/Host Agreement, bringing a claim against us in relation to the provision or non-provision of specific Accommodation); or
b. AUD 1.00 (in relation to all other claims which may be made against us by an Origins Guide Member or any other visitor to our website); and we shall not have any liability to you (whether in contract, tort, negligence, misrepresentation or under any other legal head of liability) for any:
i. indirect or consequential losses, damages, costs or expenses;
ii. loss of profits (whether direct or indirect);
iii. loss of reputation;
iv. loss of, damage to or corruption of data;
v. the conduct or misconduct of any Guest or Host; or
vi. any losses caused to a Guest or Host under the Guest/Host Agreement, including any damage or injury suffered by a Host, Guest or any member of a Guest’s party;
in each case whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses.
12.4. Our liability to Origins Guide Members in their capacity as Hosts shall be as set out in the Host/Origins Guide Agreement
12.5. Hosts are independent contractors and not agents of the Origins Guide. The Origins Guide is not liable for the acts, errors, or omissions, representations, breaches or negligence of Hosts.
12.6. Parties shall not be in breach of these Terms of Service nor liable for delay in performing, or failure to perform, any of their obligations in these Terms of Service if such delay or failure results from a terrorist attack, government or other relevant authority imposed travel ban or damage to the Accommodation caused by fire, flood or explosion.
12.7. The Guest expressly agrees that, (except as set out in Clause 12.2 above) neither the Origins Guide nor our employees or agents are responsible or liable in any way for any damage or injury which the Guest or any member of its party may suffer in connection with the Accommodation.
12.8. The Guest agrees to pay the Host in full for the reasonable costs, claims, liabilities or expenses suffered by the Host as a result of their breach of the Terms of Service (or the breach by any person in the Accommodation during their stay).
13. Our best price guarantee
13.1. We check the prices of all our Homes to make sure you pay the lowest price when you book with us. If you find a better comparable offer we’ll match it – you may even be eligible for further discount of AUD 50.
13.2. If you find a better price for a like for like booking elsewhere:
13.2.1.Contact us with details of the cheaper offer before you make the Booking.
13.2.2. Include a link to the listing, your trip dates and number of guests and the date of the cheaper offer.
13.2.3. The lower price you find needs to be like for like – the same home, dates, length of stay, currency, including all taxes, fees and charges (“Lower Price”)
13.2.4. Our Sales team will look into your claim and get back to you that same day with details on how to proceed.
13.2.5. Claims can only be accepted by email, accompanied by sufficient evidence of the Lower Price (in the form of a screen shot).
13.3. Best Price Guarantee does not apply where:
13.3.1. The Lower Price is made as a part of a package or any promotion with a third party (including, but not limited to, promotions with newspapers, exhibitions or other special events); or
13.3.2. the Lower Price is not published and is not available to the general public. These include, but are not limited to: corporate rates, staff rates, consolidator rates, wholesaler rates, student rates, closed user group rates and rates where the carrier details are not known until after the purchase; or
13.3.3. the Lower Price has been discounted by an online retailer by use of coupons, redemption of loyalty rewards or similar, and other offers or incentives to reduce the total cost; or
13.3.4. the difference in cost between the home on the Origins Guide and the Lower Price is the result of an error by the retailer of the Lower Price; or
13.3.5. the Origins Guide is unable to verify, using reasonable means, that the Lower Price is available. This may be at any time within 2 business days of receiving your claim at the discretion of the Origins Guide;
13.3.6. you have exercised your right to a refund or have cancelled your Booking before you apply for Best Price Guarantee. The Origins Guide’s usual terms for cancellation and refunds apply; or
13.3.7. the Lower Price becomes available after the date of your Booking.
13.4. If your Best Price Guarantee claim is successful, we will amend the Origins Guide price to match the Lower Price before making your Booking. If the eligible comparison price was more than 5% cheaper, we’ll not only match it we’ll give you a further 50 AUD off. The price matching is the sole and exclusive compensation that will be made to qualified claimants who show that the Origins Guide failed to meet the Best Price Guarantee.
14.1. You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
14.2. In the event of any dispute between a Host and a Guest, please follow the complaints procedure set out in Clause 7 of these Terms of Service.
14.4. We do not guarantee that our website will be secure or free from bugs or viruses.
14.5. We may notify you by using the email address that you provided to us in the account registration stage. You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
14.6. We may, but are not obliged to, manually monitor, review, respond to or hide all communications on our website for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support services. We may also monitor, review, respond to or hide communications to debug, improve and expand our product offerings.
14.7. If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
14.8. If there is any conflict between these Terms of Service and
14.8.1. the national and/or local laws and regulations (“Local Laws”) applying to the Listing, Accommodation and/or Booking; and/or
14.8.2. the applicable laws, Directives and Regulations of the Australian State of Victoria;
then the Local Laws and Victorian State Law shall prevail.
14.9. These Terms governed by the laws of the Australian State of 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.
14.10. Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights). If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms. Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis. As a guest, the services provided by a Host may also confer on you certain rights under the ACL. This clause will survive the termination or expiry of these Terms.
14.11. 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 a User and us, a party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other party to seek (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.
14.12. To contact us, please email: firstname.lastname@example.org
14.13. In the event of force majeure, We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
14.14. Any notice given under these Terms must be in writing addressed electronically to us in the email in these Terms or to you at the email or address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
14.15. These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Clause 5 as limited payment collection agent) between the Parties. Inconsistency: Each transaction is subject to, and will be governed by these Terms and any other conditions agreed to by the Users in writing, including a Listing. To the extent there is any ambiguity, discrepancy or inconsistency in or between the terms and conditions contained in these Terms and any transaction, these Terms will prevail.
14.16. In the event that a document needs to have a formal signature from a party then we, the Guest and the Host agree that it may be signed by electronic signature (whatever form the electronic signature takes including checking the box, clicking “I accept” or using the platform or Origins Guide Services) and that this method of signature is as conclusive of the party’s intention to be bound by the document as if signed by that party’s manuscript signature. You must be 18 years old to use the platform. For the avoidance of doubt the Host/Origins Guide Agreement and the Guest/Host Agreement do not need a formal signature as their terms are binding in accordance with the provisions contained in these Terms of Service.
For any questions or notices please contact us at:
Nomadic Hotels Australia Pty Ltd ACN 631 343 452
Last updated: 11th August 2020