HomeAway.com.au Terms and Conditions
“HomeAway” , “we” , “us” or “our”). If you use any other site operated by a subsidiary of HomeAway, Inc., you also agree to be bound by the separate Terms and Conditions of that site, which may have additional or other terms. You are not authorised to use this Site unless you are able to enter into legally binding contracts. Further, in some cases, we and a user may enter into a separate written agreement
or contract providing additional terms and conditions of such user’s use of this Site and incorporating these Terms by reference.
1. The Site is a Venue and We are Not a Party to any Rental Transaction.
We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property or renting a property. We do not own or manage, nor can we contract for, any holiday rental property listed on the Site. Instead, the Site acts as a venue to allow homeowners and property managers who advertise on our Site (each, a “member”) to offer for rent in a variety of pricing formats, a specific holiday rental property to potential renters (each, a “traveller” and, collectively with a member, the “users”). We are not involved in any transaction between travellers and members even though we may from time to time provide tools that relate to a booking, such as a tool to enable a traveller to enter into a transaction to lease a specific property directly from a member. As a result, any part of an actual or potential transaction between a traveller and a member, including the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of members to rent a vacation property or the ability of travellers to pay for holiday rental properties are solely the responsibility of each user.
We are also not responsible for the condition of the holiday rental properties listed on our Site or the compliance with laws, rules or regulations that may be applicable to any holiday rental property in any jurisdiction.
Finally, while we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. In the event we do provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all, or that such messages or measures will prevent any harm, result or action.
2. Limited License to Use the Site.
Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site all in accordance with these Terms. Any use of the Site that is not in accordance with these Terms or as otherwise authorised by us in writing is expressly prohibited.
3. Unauthorised Uses of the Site.
The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with us or any of our affiliates.
Unauthorised uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorised by us in writing:
- Any commercial use (other than by members with a fully paid up subscription in good standing (a “valid subscription”) of the Site or any content on the Site;
- Any use of the Site or the tools and services on the Site for the purpose of booking or
- soliciting a rental for a property other than a property listed under a valid subscription;
- Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of
- the content in any form whatsoever;
- Reproduce any portion of the Site on your website or otherwise, using any device
- including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
- Modify, translate into any language or computer language, or create derivative works
- from, any content or any part of the Site;
- Reverse engineer any part of the Site;
- Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
- Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
- Use the Site and its enquiry functionality other than to advertise and/or research holiday rentals, to make legitimate inquiries to our members or any other use expressly authorised on the Site;
- Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or enquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
- vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
- Violate, plagiarise or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
- Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to email@example.com.
4. Proprietary Rights and Downloading of Information from the Site.
The Site and all content on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S., Australian and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, noncommercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us. As part of the rental enquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form “© 2005 – present HomeAway.com, Inc . - All Rights Reserved”, in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.
6. Identity Verification.
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. We encourage you to communicate directly with a traveller or member through the tools available on the Site.
You agree to (i) keep your password and online ID secure and strictly confidential, providing it only to authorised users of your account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorised person, (iii) notify us immediately and select a new online ID and password if you believe your password may have become known to an unauthorised person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER HOMEAWAY NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORISED TRANSACTION MADE USING ANY USER’S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORISED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (2) THE UNAUTHORISED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH HOMEAWAY AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your password is being used in an unauthorised or fraudulent manner.
7. Limitations on Communications and Use of Other Users’ Information; No Spam.
You agree that, with respect to other users' personal information that you obtain through the Site or through any Site-related communication or transaction, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, (c) facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card) and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to view, review and correct what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented a vacation property from you or to you, to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.
8. Responsibility for User-Contributed Content; Translations.
We have no duty to pre-screen content posted on the Site by members, travellers or other users (including, without limitation, reviews of or guest book entries for any particular rental property), (collectively, “user-contributed content”) and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any user-contributed content that fails to meet our Content Guidelines or if it otherwise violates these Terms. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content.
Finally, we reserve the right (but do not assume the obligation) to edit member’s content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.
All property listings on the Site are submitted by the member (who may be the owner or a property manager or duly authorised property manager or agent of the owner) and are the sole responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on a member's part. Members are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective travellers have searched for specific special offers, dates, or types of properties. Members are solely responsible for ensuring the accuracy of any property descriptions, and travellers are solely responsible for verifying the accuracy of such descriptions.
If any content created by members or users is translated for display on any Site or any site of any affiliate of HomeAway, the member or user is solely responsible for the review and accuracy of such translation. Unless we specify otherwise to the user or member, any translation services are offered by us free of charge.
We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.
9. Notification of Infringement.
We respect the intellectual property rights of others, and we do not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. We will terminate, in appropriate circumstances, a member or traveller who is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to our procedures for Notification of Copyright Infringement.
10. Unsolicited Ideas and Feedback.
Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works ( “submissions” ) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of HomeAway, without any compensation to you; (2) We may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for HomeAway to review any submission; and (4) there is no obligation to keep any submission confidential.
Feedback on our Business: We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the links below or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on our websites and services. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner.
To provide feedback, you can contact us.
11. Links to Third Party Sites.
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the thirdparty sites or the contents thereof. We are not responsible in any way for such thirdparty sites or resources and your use of such sites and resources will not be governed by these Terms.
12. Limitation of Liability.
SUBJECT TO RIGHTS THAT THE CUSTOMER MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW, WHICH ARE NOT EXCLUDED, MODIFIED OR RESTRICTED BY THIS PROVISION, THE SITE, HOMEAWAY, INC. AND EACH OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY, THE "HOMEAWAY GROUP") [will not] BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL LOSS (EXCEPT ARISING AS A RESULT OF A BREACH OF A CONSUMER GUARANTEE), SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY US, YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY AND/OR (E) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, THEN, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE HOMEAWAY GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS. NOTHING IN THESE TERMS SHALL EXCLUDE OR RESTRICT OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, NOR FOR OUR FRAUD OR OUR FRAUDULENT MISREPRESENTATION. OTHER THAN IN RESPECT OF GOODS OR SERVICES SUPPLIED TO CONSUMERS OR GOODS OR SERVICES THAT ARE OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION, HOMEAWAY‘S LIABILITY FOR THE BREACH OF ANY CONDITION OR WARRANTY, WHETHER EXPRESS OR IMPLIED (OTHER THAN WARRANTIES OR CONDITIONS IN RELATION TO TITLE, ENCUMBRANCES AND QUIET POSSESSION) IS LIMITED, AT HOMEAWAY‘S OPTION, TO ONE OR MORE OF THE FOLLOWING: IN THE CASE OF GOODS; THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS;THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED OR IN THE CASE OF SERVICES; THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
TO THE EXTENT THAT THEY MAY BE APPLICABLE, SELECTED PROVISIONS OF THE COMPETITION AND CONSUMER ACT (INCLUDING, WITHOUT LIMITATION, THE AUSTRALIAN CONSUMER LAW) AND OTHER STATE, TERRITORY OR COMMONWEALTH LAWS IN AUSTRALIA (COLLECTIVELY “ACL”) MAY APPLY TO THE OPERATION OF THESE TERMS AND CONDITIONS AND PROVIDE CONSUMERS (AS THAT EXPRESSION IS DEFINED IN THE ACL) AND OTHERS WITH CERTAIN RIGHTS (REFERRED TO COLLECTIVELY AS THE “CONSUMER GUARANTEES”) IN RELATION TO GOODS OR SERVICES PURCHASED BY THOSE PERSONS. OTHER THAN CONSUMER GUARANTEES, WHICH ARE NOT EXCLUDED, MODIFIED OR RESTRICTED BY THIS PROVISION, WE DO NOT GIVE ANY GUARANTEE OR WARRANTY OR MAKE ANY REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUPPLY BY HOMEAWAY GROUP OR OTHERS OF ANY GOODS OR SERVICES ON THIS WEBSITE. WE WARRANT THAT THE SITE WILL BE PROVIDED WITH REASONABLE CARE AND SKILL WITH THE INTENTION OF MEETING OUR TECHNICAL SPECIFICATIONS FOR THE SITE, BUT WE CANNOT AND DO NOT GUARANTEE THAT THE SITE OR ANY OF ITS CONTENT OR FUNCTIONS WILL MEET YOUR REQUIREMENTS. EXCEPT AS EXPRESSLY STATED ELSEWHERE IN THESE TERMS, ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS RELATING TO THE SITE OR ANY OF ITS CONTENT, WHETHER EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE, COLLATERALLY OR OTHERWISE) ARE HEREBY EXCLUDED, EXCEPT IN THE CASE OF OUR FRAUD OR OUR FRAUDULENT MISREPRESENTATION, OR WHERE SUCH EXCLUSION IS NOT PERMITTED BY LAW. TERMS EXCLUDED INCLUDE ANY AS TO NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ALTHOUGH WE WILL TAKE REASONABLE STEPS TO AVOID OURSELVES INTRODUCING VIRUSES OR OTHER HARMFUL COMPONENTS TO THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
14. Release; Indemnification.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE AND DISCHARGE US AND ANY MEMBER OF THE HOMEAWAY GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE. YOU HEREBY AGREE TO INDEMNIFY US AND ANY MEMBER OF THE HOMEAWAY GROUP (COLLECTIVELY, THE "INDEMNIFIED PARTIES") AGAINST ALL LIABILITY INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT ANY BREACH BY YOU OR THROUGH YOUR ACCOUNT OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU IN THESE TERMS, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.
15. Choice of Law and Forum; Time Limit.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF AUSTRALIA AND SUBJECT TO THE NONEXCLUSIVE JURISDICTION OF THE AUSTRALIAN COURTS.
No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
Notices: Except as explicitly stated otherwise, any notices to us shall be given by email here or by postal mail to: HomeAway Pty Ltd ABN: 34 147 942 827 Office Address: Level 18, 100 William Street, Woolloomooloo NSW 2011.
When we need to send you notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered or recorded delivery mailto any address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing.
Changes to the Site or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability for similar reasons.
This version of the Terms became effective in April 2013. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent. Notification of any amendment will be posted on the Site and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a traveller is to discontinue your use of the Site, and (ii) your sole remedy as a member is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When your subscription renews, the terms will come in effect at the time of renewal and will govern unless and until any other revisions are made as described above.
We also reserve the right, in our sole discretion and from time to time, to offer special programs with unique terms and conditions that are separate from and may supersede in certain respects these Terms (for example, our Rent With Confidence Guarantee), the applicability of which to your use of the Site is governed by the terms and conditions of such special program.
Subscription rates in effect at the time of a member's subscription are subject to change without notice at the member's next subscription renewal or with respect to any additional subscription.
Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
Enforcement of These Terms: We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms or any other unauthorised use of the Site. However, we do not guarantee that we will take action against users that breach these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.
Entire Agreement, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
Assignment: We may assign these Terms in our sole discretion, but not in such a way as to reduce the commitments we make to users. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion. The Site is provided by HomeAway Pty, and our address is provided above under “Notices.”. We are a company registered in Australia under registration no. 147 942 827. Our ABN number is 34 147 942 827.
Additional Terms and Conditions Applicable to Our Members
17. Member Eligibility; Accuracy of Information.
Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each member represents and covenants that all information submitted to us and to the Site during such member’s registration with the Site shall be true and correct. Each member further agrees to promptly provide notice to the Site by contacting us regarding any updates to any such contact information previously submitted by such member to the Site. Each member agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Site, and proof of authority to list the property as we may request.
18. Content, Layout and Copy.
All content and copy edits submitted by members are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member. All content must meet our Content Guidelines. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any content displayed on the Site appears as the member intended.
All printed (paper based) photographs submitted by a member will be discarded after we have scanned the same into our electronic database. We have no responsibility to return such photographs to you. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
Photographs should depict the holiday rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. Photographs must meet our Content Guidelines. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph either electronically through the Site or by mailing a paper photograph to our offices, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advert, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advert on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any member of the HomeAway Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
It is the member’s responsibility to obtain reproduction permission for all photographic and other material used in its adverts. The member warrants that it is the owner of the copyright in such material or is authorised by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.
20. Copyright Grant.
By accepting these Terms and by posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royaltyfree and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Site or the websites of our affiliates, and you grant the Site and the members of the HomeAway Group the ability to copyright and protect the images, copy, and content available via your listing from the unauthorised use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. We need these rights to host and display your listing. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorised redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member and each member agrees to indemnify and hold harmless the Site and any member of the HomeAway Group against any action brought for breach of copyright or other rights from the use of such content supplied by such member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by any member. Each member agrees that we may sublicense all the rights granted to us under these terms to one or more third parties we may contract with to display all or part of the member’s property listing or otherwise provide promotional or other services related to our business.
Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of the Site.
21. Uses of Our Trademarks or Logos.
There are limited ways in which you may use our trademarks or logos without specific prior written authorization. The following are general guidelines: It is usually permissible for you to refer to HomeAway or the name of one of our affiliate websites on which you list your property in a descriptive manner in your listing on the Site or in other permissible communications. For example, you might say "Check out my holiday rental on HomeAway," or "I list properties on HomeAway " However, you may not refer to us or any of our affiliates in any way that might lead someone to believe that your company or site is sponsored by, affiliated with, or endorsed by Us or one of our affiliates. For example, you may not say “HomeAway sponsors my holiday rental,” or describe your property as “HomeAway’s best holiday rental.” You may not use the HomeAway name or one of our affiliates’ names on any other website that lists holiday rentals without our prior written authorization.
The HomeAway name and logo and those of the HomeAway Group and our affiliates are registered trademarks in the United States and other jurisdictions around the world. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, tshirts, etc., or if you have other questions, you may contact us.
22. Hypertext Links. We reserve the right to refuse hypertext links to, or addresses of, other web sites from members' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
23. Guest Books/Property Reviews. Any entries in the guest book or property review section of any member’s listing must be genuine comments from guests who have stayed at the property advertised. The e-mail address(es) of the guest(s) whose comments are given must be supplied by a member to us upon our request. All content submitted in reviews must meet our Content Guidelines.
24. Substitution of Properties; Advertising More Than One Property; Property Managers.
Each advert must relate to an individual and uniquely identified property, unless (i) you are a property manager who has signed up for one of our packages for members who are property managers or (ii) you otherwise purchased a subscription package that expressly allows for substitution of properties. This means that:
(a) The property in an advert may not be substituted for another property. If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.
(b) The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each advert, unless it is a property with multiple rental units on the same site and additional advertising units are purchased. We reserve the right to amend the copy or remove any advert when more than one property is described in such advert, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.
(c) Members who manage 5 or more properties should contact HomeAway Property Manager team at 1300 554 367 (in Australia) or +61 3 8888 6110 (outside Australia) or contact customer support by emailing us with your listing number, to discuss the packages that may best suit their needs. All other subscription listing packages require one subscription per listing (one subscription per property). Contact the HomeAway Property Manager team for additional information.
25. Unauthorised Payment Methods; Subscription Payments to us:
Two options to subscribe with us; auto-renewals and termination; pricing:
Payments between members and travellers: We are not a party to any payment transaction between members and travellers. No member may request any traveller to mail cash, or utilise any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Site may result in the immediate removal of the non-conforming listing from the Site without notice to the member and without refund. From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorised payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.
Payments for subscriptions: Payment for subscription listings must be made to us in Australian Dollars either by major credit or debit card or cheque. There are two subscription models that we offer on our site. The 1st one is the “payment in advance model”. If the member has consented to automatic renewals, it will renew automatically at the conclusion of the annual subscription period, unless the member’s renewal payment is unsuccessful or the member has opted out of automatic renewals. The 2nd option is the “instalment model” which, as well, means that a member will subscribe for a 1-year term, but be invoiced a pro-rated amount of the annual fee based on the number of days in the period. This instalment model will automatically renew at the end of the subscription term into a monthly product, and can be terminated thereafter by serving written notice to the Company. Termination will be effective at the end of the current monthly subscription term in which notice was served. The member also has the option to renew for another annual subscription term, which would not include the higher monthly fee premium. If you do not renew into an annual subscription, you will be agreeing to move to the monthly auto-renewed product mentioned above, which has a 15% premium in addition to the existing price.
26. Legal Requirements Applicable to Rental Properties: You agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to any rental property you list on the Site. We assume no responsibility for your compliance. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
27. Subscription Term, Refund Requests and Termination or Transfer of Listings
Subscription Term: All Listings are sold to run the full term that is chosen by the member. The term starts on the date that the Listing is published on the Site and expires on the last date of the term chosen by the member. For example, for an annual subscription term, if the Listing is published on the Site on July 1st, the subscription would expire on June 30th of the following year.
Refund Requests: All listings are sold to run the full term that is chosen by the member. Generally, no refunds are available unless a member qualifies for a refund under any guarantee program we may have in effect. If you believe you qualify for a refund under a guarantee we are offering, you may contact customer support by contacting us and include your listing number, and your reason for dissatisfaction. We will then determine, in accordance with the applicable guarantee program, whether any refund is due. For both subscription models, as outlined in clause 25 of these terms and conditions, the following shall apply - notwithstanding of an automatic renewal: If you sell your property and no longer wish for the listing to remain online, we can remove the listing but no refund will be owed.
Refund Requests for Listings Not Completed : In the event you purchase a subscription for a listing but do not complete the creation of the listing or the listing does not get posted after purchase for any other reason, refund requests will be considered only during the first three (3) months following the purchase date. If within such three (3) month period you do not complete the creation of your listing as we may require to display such listing on the Site (i) you shall not be entitled to any refund and (ii) your subscription will expire no more than 15 months from the purchase date of the subscription regardless of the listing posting date.
Our Right to Terminate a Listing: If, in our sole discretion, any member submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such member’s subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such member’s listing from the Site (for example, and without limitation, if a member double-books a property for multiple travellers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair or improper within the holiday rental industry, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such member’s subscription(s) without notice to the member and without refund. We assume no duty to investigate complaints.
Finally, if any member is abusive or offensive to any employee or representative of the HomeAway Group, we reserve the right to terminate such member’s subscription(s) immediately without refund.
Finally, if any member is in breach of these Terms or its obligations to us then we may terminate such member’s subscription(s) immediately without notice to the member and without refund.
Transfer of Listing: No listing may be transferred to another party, except that if a member sells the property that is listed, the member may transfer its listing to the new owner of the property that is listed. We may, at our discretion, charge a reasonable transfer fee.
28. Distance Selling.
When, as a member, you choose to create a listing, you are agreeing that the listing may be placed shortly after you provide your agreement to create it. As a result you do not have the right to cancel your agreement to create the listing during the cooling-off period which is provided for certain transactions under the Consumer Protection (Distance Selling) Regulations 2000.
29. GST (Goods and Services Tax)
Our services are subject to GST under Subdivision 9-A of Chapter 2 of the Goods and Services Tax Act of 1999. We are legally required to charge GST on our fees to members who reside in Australia. The rate is 10%.