Terms & Conditions Agreement - Supplier

Terms & Conditions Agreement – Supplier

DEFINITIONS

OnlineAccommodation.com.au is the registered domain name and business name owned and operated by Ahha Moments Pty Ltd (ABN 85 225 466 752). It and its sister and associated sites owned by Ahha Moments Pty Ltd are hereafter referred to as OA, “us”, “we” or “our”.

 

The Supplier is the person(s) or legal entity that represents themselves as being the registered owner, agent or authorized by the owner to hold out the property for the provision of accommodation, goods or services and is hereafter referred to as the Supplier.

 

The Guest is the person(s) seeking to enquire and/or book to stay at the properties listed or referred to on the web site of OA, or anyone browsing the Site, hereafter referred to as the Guest.

 

The Property is the accommodation premises owned or controlled by the Supplier sought for accommodation by the Guest, hereafter referred to as the property.

 

Site is this web site and all web sites, internet access portals and URLs capable of being accessed by a browser that are owned, operated or used (under license or otherwise) by OA, hereafter referred to as the site or  sites.

 

Advertised Price is the displayed accommodation rate.

 

Material is text, photos, graphics, information, data or other media material used by OA, hereafter referred to as the material.

 

TERMS & CONDITIONS

1.   OA is a referral agent or listing/booking service for the Supplier that is paid by the Supplier for its services on an agreed commission of 10%. OA is entitled to the commission for any booking made on the site or in respect to a booking resulting from the initial introduction of a Guest to the Supplier. By listing on the site the Supplier agrees to pay and acknowledges that OA may deduct its commission from all moneys collected by OA on behalf of the Supplier. 

 

2.    The Supplier is responsible for the accuracy, currency and content of the material on the site relating to the property and its availability. OA may upload information and images to its websites in order to assist the Supplier, however it is the responsibility of the Supplier to check the accuracy of the material and correct any inaccuracies. The Supplier warrants that they are the owner or are authorized by the owner to represent the property on the site. Further that the material is not illegal, defamatory, obscene, pornographic, misleading or deceptive and will not expose OA to any legal proceedings. The Supplier will indemnify OA in respect to any damages, penalties or costs. 

 

3.   OA spends a lot of time and money in building its websites and in securing bookings for our Suppliers. We feel that we earn our commission and that if we are responsible for introducing a guest to your property that leads to a booking that we are entitled to our fee. We trust that our Suppliers believe that it is fair and reasonable that we get paid. We are aware that guests in wanting to have INSTANT confirmation of a booking, rather than wait on a 24 hour REQUEST, may try and circumvent our booking system by ‘googling’ the name or address of your property and contacting the owner direct. It is the policy of OA, except where a property displays all its accommodation on an INSTANT basis (coloured green), that properties are referred to by a code that will be generated by OA, rather than the name of the property. In the listing for the property the Supplier will not refer to it by name (unless it is an INSTANT booking property) but simply by general words such as “the property” or “us” or “we” etc. The street name may be used for general location purposes, but not the actual street number. OA maintains the right to edit the Supplier’s listing to give effect to this clause.

 

It should be noted that on advice of a booking the Supplier will be given full names and contact details of the Guest. On the email confirmation of the booking the Guest will be given the full name, address and how to get to the property. Near the end of entering details in our system there is a box “Confirmation Information Displayed on the confirmation document only” where full details of the property are given to the Guest. Of course after confirmation of a booking the Supplier may supply any additional information direct to the Guest.

  

4.   There is no charge to list a property if the Supplier uploads the details and images to the website. There are detailed videos and information on the process. If the Supplier wants OA to load the information for them there will be a once off web creation set up fee of $77 per property. There are no ongoing annual listing fees. OA takes reasonable care to transcribe Supplier’s material into an online format, however, OA reserves the right to edit or condense the material as its sees fit. The Supplier will not make any claim over such changes, including in respect to any negligence, inaccuracies or failure by OA in posting the material.

 

5.   The links on the site to other websites operated by 3rd parties are out of the control of OA and OA takes no responsibility for their content. The Supplier warrants that that they will not use the site for any purpose that is unlawful or not permitted by OA. The Supplier further warrants that they will not list any contact details including phone numbers, email addresses, or websites in their listing of their property. The Supplier will abide by OA’s determination of such issues. 

 

6.   The material on the site is protected by copyright. By placing material on the site the Supplier grants a license to use that material, including altering it as OA deems fit. No action will be taken against OA for breach of copyright or other intellectual property. The Supplier warrants that it has all 3rd party consents or licenses in respect to their material and agrees to indemnify OA in respect to any action or damages brought against OA in respect to the Supplier’s material.

 

7.   Nothing in these terms excludes or restricts any warranty or right imposed by law. If any warranty or right cannot be excluded and if permitted by law then OA’s liability for breach is limited to the replacement of any service or goods or the payment of the cost of replacement at the option of OA. Subject to OA’s obligations by law the Supplier, and anyone having rights through the Supplier, will have no claim against OA for any losses, costs, damages and expenses whether by contract, tort, statute or equity in respect to the material or any matter pertaining to the running of the site or OA’s conduct of its business. The Supplier will indemnify and save harmless OA in respect to any actions or claims made by 3rd parties in respect to the Supplier’s material, the provision of accommodation or in respect to the property.

 

8.   OA takes a deposit of10% of the total booking from the Guest to secure the booking and as its commission. It is the responsibility of the Supplier to obtain the balance from the Guest in accordance with their normal practice. OA does not capture the Guest’s credit card and cannot be held responsible for the Guest in paying the balance owing on the booking. The Supplier is responsible to clearly articulate and display their Payment Policy. Further the Supplier is responsible to clearly articulate and display their cancellation or alteration policy in the appropriate section for their listing on the site. It is the policy of OA to retain its commission and booking fee in respect to any cancellations to cover its administration costs and credit card merchant fees.

 

9.   The Supplier will not claim against OA for the failure of a booking for whatever reason. The Supplier acknowledges that OA has no responsibility or liability in respect to the suitability, conduct, behaviour and honesty of any Guest. The Supplier warrants that the property is accurately described, quiet, clean and safe for rental accommodation and complies with all relevant government and council requirements and that all necessary insurances in respect to public liability or in respect to any loss or damage that may occur due to the occupation of the property by a Guest or other person.

 

10.  It is the Supplier’s responsibility to ensure that no alternative or double booking is taken in relation to dates and that the accuracy of availability on the site will be maintained at all times. The Supplier agrees to honour bookings made on OA sites and in case of accidental overbooking or inability to supply booked accommodation the Supplier will arrange alternative and acceptable arrangements to the Guest. The Supplier will negotiate with a Guest in respect to any dispute in a fair and courteous manner so as not to bring any negative publicity to OA.

 

11. The Site provides for Guests reviews of properties. OA may take reviews from other sites and sources as well as encouraging Guests to leave reviews and comments on the Site. OA may edit or abbreviate such reviews as it deems fit. The Supplier of the property may add a comment or response to an adverse or negative review but will have no right to object to the publication or the content of such reviews. The Supplier will have no right of action for damages for defamation or otherwise in respect to such published reviews and agrees to indemnify and keep harmless OA from any third party actions in respect to the reviews.

 

12. The Supplier acknowledges that OA, in its absolute discretion and without notice or damages, may modify or discontinue the site and the related services. If the Supplier chooses to remove the property from the site or is removed by OA for cause, the Supplier will provide or honour any outstanding bookings or compensate a Guest accordingly.

 

13. This agreement together with any additional terms, notices & disclaimers contained on the site forms the conditions of supply of material on or use of the site. Your use of the site constitutes an acknowledgement and agreement that you accept and agree to abide by these terms & conditions and any modifications. If you object your only recourse is to immediately leave and cease using the site and to withdraw your material from the site. OA reserves the right to amend or add to these terms at any time by posting the changes on the site. In particular cases these terms & conditions may only be changed in writing signed by an authorized officer of OA.

 

14.   This Site and any rights, obligations or interpretation of these Terms & Conditions are governed by the laws of Victoria, Australia and the parties agree to the exclusive jurisdiction of the courts of the State of Victoria in respect to any action or dispute.