Traveller Terms and Conditions
Last updated: January 2016
(4) HomeAway does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.
(5) HomeAway may revise these Traveller Ts&Cs at any time by posting an updated version to this web page. You should visit this page periodically to view the most current Traveller Ts&Cs because they are binding on you.
2. The Basics
(1) This Site is a place where Travellers can view advertising of, and obtain information about, vacation properties offered for rent (“Properties”) by others, including property owners, lessees and managers, (each, an “Owner” and collectively with a Traveller, the ‘users’). We may also offer online booking or other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions.
(2) The Site acts only as a venue for users to interact, and HomeAway is not, and does not become, party to any contractual relationship between the Traveller and the Owner, and does not mediate between the Traveller and the Owner in the event of any dispute arising between them. This is true even if the Site facilitates booking a Property or the use of other tools, services or products, as HomeAway is not a party to any rental or other agreement between Travellers and Owners.
3. Property Listings and Interaction with Owners
(1) Owners are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer (“Listings”), for updating them and ensuring (where relevant) that they are correctly translated. Thus, where a listing is linked to an automated translation facility, such as Google Translate, it is the Owner’s responsibility to ensure that the resulting translation is accurate, and to correct any deficiencies in it.
(2) If a Traveller finds a Property in which they are interested, they can send an information request to the Owner (an “enquiry”) stating their surname, e-mail address and telephone number, along with any requested information, without having to log in to the Site for the purpose.
(3) The Traveller will receive a confirmation from HomeAway once an enquiry has been sent to the Owner.
(4) The Owner may then communicate with the Traveller in connection with the enquiry.
(5) Where an Owner has enabled online booking, Traveller will be able to make a reservation online, which shall be confirmed or declined by the Owner within 24 hours. If the Owner has enabled online payment, a Traveller whose booking reservation was confirmed by the Owner will be able to pay with their credit card through the payments gateway offered by our third party payment provider, Yapstone International. The online payments service is subject to the terms and conditions of Yapstone, and Traveller accepts that Provider HomeAway has no control over nor any responsibility for Yapstone’s services.
(6) Enquiries using the HomeAway system are available for review by the person to whom it was initially addressed and to a limited number of HomeAway group customer service employees, who may be asked by Owners or others for their past enquiry information. HomeAway also monitor messages from time to time which are sent using our platforms. HomeAway may, from time to time, use third party e-mail servers to send and track receipt of the enquiry emails, and analyse the pattern of enquiry usage reported by these third party tracking systems. Our system does not hold messages indefinitely and they may not be accessible after the message has been delivered to you.
Please print a copy of any message which is important to you – for example a payment receipt or a booking confirmation.
(7) HomeAway has no responsibility for, or involvement in, the communications between the Owner and Traveller.
4. Registration and establishing an Account
(1) Should Travellers wish to use services available to them on the site other than simply making an enquiry, they must register with the site. HomeAway does not authorise anyone to register with Site unless they are able to enter into legally binding contracts. As a result of successfully completing the registration process, the Traveller obtains a user account for the site (an “Account”).
(2) To obtain an Account, a Traveller must follow all of the instructions given by HomeAway during the registration process. A Traveller can sign up for an account using a personal email address or alternatively can sign up using Facebook login credentials by clicking on Facebook login button on registration screen.
(3) The Traveller’s Account includes information which is made publicly available to other users of the Site and can also be seen by other internet users not registered on the Site, for example, it may show up in Google search engines. An Account includes, amongst other things:
- A dedicated page, known as “My profile” page. Personal profiles pages display a user’s photo and name as mandatory fields. Other personal and travel information are optional and it will remain at the discretion of the traveller.
- The availability to monitor specific Properties;
- Save favourite Properties;
- Add notes and create lists;
- Save comments on Properties;
- Place reviews of rented Properties;
- Link Traveller’s Facebook account. By logging in with Facebook or linking a traveller account with Facebook, the Traveller agrees to transfer their login credentials from Facebook and to display the list of Facebook friends who also have an account with HomeAway group. This information will be displayed on Traveller profile page.
- Share favourite properties or lists with others, such as friends and family and social networks.
5. Rights and obligations of HomeAway
(1) HomeAway shall use commercially reasonable efforts to ensure that depictions on the site of the photos of the Properties that Owners have submitted to HomeAway are as true and accurate a representation of those photos as practicable. However, you acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(2) Further, you also acknowledge that Owners – and not HomeAway – are responsible for the accuracy with which the photos depict the relevant Property.
(3) HomeAway may occasionally undertake upgrades and maintenance of the site, its platforms and systems. These works may result in restrictions on the usage. HomeAway will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most Travellers’ usage is least affected.
(4) HomeAway offers a messaging system which may be used by the Owner and Traveller for making contact with one another. Completed enquiry contact forms will be forwarded to the email provided by the Owner of the relevant Property. You acknowledge that unauthorised third parties may misuse the system and unlawfully intercept or read messages. HomeAway is not liable for any such misuse.
(5) You acknowledge that HomeAway is not responsible for checking the identity, or for the behaviour, of Owners or for establishing the nature, condition or existence of a Property.
(6) HomeAway reserves the right to transfer these Traveller Ts & Cs, and to assign or subcontract any or all of its rights and obligations under these Traveller Ts & Cs, to a third party but will not do so in such a way as to reduce any guarantees you are given under these Traveller Ts & Cs.
(7) HomeAway will charge a service fee payable by Travellers who book a Property on the Site via online booking. The service fee covers the use of the Site, including such features as 24/7 support, and is calculated as a variable percentage of the total reservation amount (which may or may not include additional fees, taxes, and damage deposits). Depending on the laws of the jurisdiction of the Traveller and/or Owner, VAT may be charged on top of the service fee. The exact service fee (and any VAT, if applicable) charged will be displayed to travellers at the time of booking. The service fee plus applicable VAT will be charged after both the Traveller and Owner accept the reservation. The service fee will only be refunded in the event a member accepts cancellation of the traveler’s reservation and refunds the entire rental amount.
6. Intellectual Property and Related
(1) All content that appears on this site, and the site itself, is protected by copyright and database rights. Reproduction of the site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
(2) Travellers are permitted to download, display or print individual pages of the site to evidence their agreement with HomeAway. The relevant file or the relevant printout must clearly bear the text “© Copyright 2001 – Present HomeAway Pty Ltd - All Rights Reserved”.
(3) Where a Traveller submits to or transmits through the site or HomeAway’s platform or systems any content of any type, including text or images, the Traveller undertakes that he/she has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or owners of featured items (’property release’).
(4) To the extent that Travellers’ reviews or other content may contain trade marks or other proprietary names or marks, Travellers undertake that they have the right to do so.
(5) By submitting reviews to the site, Travellers authorise HomeAway to use them both on the site and in separately published form.
7. Travellers’ Accounts, Communications and Reviews
(1) Travellers must provide only accurate and truthful information concerning their identity in their Accounts and profile pages, and any other communications on the Site, including reviews of Properties.
(2) Travellers are required to keep their Account login details secret and not to pass them on to third parties or allow them to be used to provide shared access, for example over a network. Travellers should use a password which is unique to their use of the Site – they must not use the same password as is used for another site. HomeAway will never ask Travellers to disclose these details. If you are contacted by third parties and asked for Account login details, under no circumstances should you impart any of those details, but must immediately notify HomeAway of the occurrence through the contact form . In addition, should you notice that your account is being used by an unauthorised third party, you should immediately report the matter to HomeAway through the contact form and change their password.
(3) Messages sent via HomeAway’s systems should only relate to genuine booking enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse HomeAway’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. E-mails and site recommendations transmitted via the “Recommend this site” function should only be sent with the recipient’s consent. 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.
(4) Travellers may post their reviews of Owners’ Properties (“Traveller Reviews”) on the site. The Owner is given the opportunity to view Traveller Reviews, and to respond to them (an “Owner Response”). Some more detail about Traveller Reviews and Owner Responses is available here. Owners will also be given the opportunity to rate the Traveller's stay ("Owner Review (s)"). Owner Reviews cannot be used to exclude or discriminate against individuals. The Traveller’s sole remedy in relation to Owner Reviews, and HomeAway’s sole obligation in relation to Owner Reviews, in the event that an Owner reviews a Traveller’s stay is to permit the Traveller to post a Traveller Review within 14 days of the submission of the Owner Review and HomeAway otherwise expressly disclaims any liability for any Traveller or Owner Review. Traveller acknowledges and agrees HomeAway may make such Owner Review available to other Owners who the Traveller contacts through our Site. More detail as to the Owner Review process is available here.
(5) HomeAway also makes available to Owners a facility for Owners to submit to the site comments provided by people – whether or not they have rented the Property through the site – who have stayed at the Property (“Guestbook Comments”).
(6) Please note that HomeAway does not, and realistically does not have the ability to, verify the accuracy or otherwise of Guestbook Comments, Traveller Reviews Owner Reviews or Owner Responses.
(7) HomeAway nevertheless requires all Guestbook Comments, Traveller Reviews, Owner Reviews, Owner Responses and other communications using HomeAway’s systems to conform to the Content Guidelines, and may decline to post any of them that HomeAway finds do not comply.
(8) In the event that any Traveller Review appears on the site but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, HomeAway shall be entitled immediately to remove from the site the relevant non-conforming Traveller Review.
(9) HomeAway does not generally conduct identity checks. If Travellers suspect that the Owner has supplied false information, they are invited to notify HomeAway through the contact form .
You agree to indemnify and hold HomeAway and its affiliates in other countries including HomeAway group (“HomeAway Affiliates”) harmless against any claims by third parties brought against HomeAway or any HomeAway Affiliate arising out of or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; or (c) any breach by you of these Traveller Ts&Cs. HomeAway will provide notice to you promptly of any such claims.
The Traveller shall not directly or indirectly:
a. With respect to the site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
b. Monitor content on the site or HomeAway’s platform or systems by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any 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 the site or HomeAway) 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 HomeAway’s robots.txt file;
c. Use the site or HomeAway’s platform or systems for purposes other than those referred to in these Traveller Ts & Cs;
d. Use 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 under a valid Listing;
e. Reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
f. Upload or send to the site or HomeAway’s platform or systems any contents or programs, which on account of their size or nature, might damage HomeAway’s computers or networks;
g. Include content on the site or HomeAway’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
h. Use or access the Site or HomeAway’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus“ includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);
i. Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;
j. Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
k. Refer to HomeAway or any HomeAway Affiliate in any way that might lead someone to believe that the Traveller or any website is sponsored by, affiliated with, or endorsed by HomeAway or any HomeAway Affiliate.
10. Right to delete content
Travellers are responsible for ensuring that their communications, and content posted, through or in connection with the site, including Traveller Reviews and communications with Owners, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright, data protection law or the Content Guidelines. HomeAway may monitor any data on the Site or HomeAway’s platform or systems and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, HomeAway shall be entitled immediately to remove from the site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account.
(1) Messages are to be sent using the contact form or by ordinary post to HomeAway Pty Ltd, Level 18, 100 William Street, Woolloomooloo, NSW, 2011.
(2) Notifications of copyright infringement must contain:
- Your postal address, telephone number and e-mail address
- Precise details about the content in question (insertion of the text or image) including a link to the website;
- A signed declaration in lieu of an oath, which evidences that you:
a. Hold the exclusive rights to use the work;
b. Have not authorised the use of the material in question in this form.
12. Liability of HomeAway
In no event will HomeAway be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site or HomeAway’s platform or systems, any materials or content you submit to the Site, and your use of the Site and/or any transaction between users, even if HomeAway has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the site or HomeAway’s platform or systems, you do not agree with any part of these Traveller Ts & Cs, then your sole and exclusive remedy against HomeAway is to discontinue using the site. Nothing in these Traveller Ts & Cs shall exclude or restrict HomeAway group ‘s liability for death or personal injury resulting from its negligence; nor for HomeAway group’s fraud or fraudulent misrepresentation.
(1) These Traveller Ts & Cs, and the relationship between the Owner and HomeAway, shall be governed by and construed in accordance with the laws of the State of New South Wales and subject to the non-exclusive jurisdiction of the courts in that State.
(3) HomeAway recommends that you save your own copy of these Traveller Ts & Cs in a separate file on your device or in print-out form.
(4) HomeAway’s failure to act with respect to a breach of these Traveller Ts & Cs by the Traveller or others does not waive HomeAway’s right to act with respect to subsequent or similar breaches.
(5) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Traveller Ts & Cs.
(6) The invalidity of one or more provisions of these Traveller Ts & Cs shall not affect the validity of the other provisions.