While we expect our new customers to have success in listing their properties on HomeAway.com.au, in the event that a member does not receive a booking from the member’s listing on HomeAway.com.au, we will provide you with a 1 year subscription for free, subject to these terms and conditions (the “Terms”). This 1 Year Subscription For Free Guarantee (the “Guarantee”) is subject to these Terms.
1. Eligibility. New members (each a “member”) who purchase subscriptions for their first property they list on HomeAway.com.au are eligible to participate in the Guarantee. Properties may also be eligible for the Guarantee on their first renewal by a member if they enter an active promotional code entitling them to the Guarantee at the time of renewal. Only members who own the property that is subject of the listing are eligible. Property managers who do not own the subject property are not eligible.
2. Requirements during the subscription or first renewal term: In order for an eligible member to qualify for the Guarantee during the original subscription and the first renewal, the following criteria must be met:
- The new subscription or renewal must have been for a twelve (12) month period and the member must have not received any discounts on the subscription;
- The member must have made the property available for rent at least six (6) months during the twelve (12) month subscription period and rental rates must have been displayed on the listing during at least six (6) months of the subscription period in advance of the dates during which the property was available;
- The property may not have been sold during the subscription period or the first renewal, as applicable;
- The member must have updated the rental calendar at least once per month throughout the twelve (12) month subscription period; and
- The member must have posted the maximum number of free photos of the property provided for under the member’s subscription.
3. Requesting a 1 year subscription for free. A member who wishes to take advantage of the Guarantee must contact Customer Support within the seven (7) day period following the end of the twelve (12) month term of the listing to make a request for a 1 year subscription for free under the Guarantee.
4. Restrictions on Subsequent Subscriptions. If a member applies for the Guarantee and we determine that you are entitled to the subscription for free for 1 year in accordance with these terms, the member will not be eligible for the Guarantee with respect to the same or any other property on the site or the site of any of HomeAway.com.au’s affiliates.
Changes or Cancellation of the Guarantee or these Terms: We may change, suspend or discontinue the Guarantee at any time for any reason without notice or liability. We also reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be effective immediately. Any request for the Guarantee will be governed by the Terms in effect at the time of your subscription or first renewal, as applicable. You are responsible for keeping a copy of such Terms. If you do not have a copy of such Terms, we reserve the right, in our sole discretion, to apply the Terms in effect at the time of your request. This version of the Terms became effective in February 2012.
Entire Agreement, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the Guarantee. 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, such portion shall be struck and the remaining portions of the Terms shall be enforced.
Assignment: We may assign these Terms in our sole discretion. Members must obtain our prior written consent to assign these Terms.