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% (including credit card processing fees). 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. A Supplier will within 30 days of a request from OA provide an accurate booking report of all stays by Guests introduced by OA, failing which OA reserves the right to remove the Property from the site without further notice. OA will supply to the Supplier (on a quarterly calendar basis) an invoice in respect to its commission.
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 its 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 will charge the Supplier a once off web creation set up fee of $167 per property. There are no ongoing annual listing fees. OA offers a "no question" 12 month refund policy on the set up fee. If after a year the Supplier has not received a booking from OA then on request OA will refund to the Supplier the full amount of their set up fee. 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.
4. 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.
5. 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.
6. 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.
7. 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. OA accounts to and pays the Supplier as soon as the Guest pays for a booking. The Supplier will always comply with the cancellation policy stated by the Supplier at the time of booking and reimburse the Guest accordingly as soon as possible. The Supplier acknowledges that there may be circumstances that a Guest is entitled to a refund by law or under ecommerce terms or a credit card service provider or PayPal and if such refund is made by OA then the Supplier will reimburse OA accordingly.
8. 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.
9. 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.
10. The Site is a general accommodation booking service but has a strong presence in ‘the last minute’ accommodation market. Accordingly OA promotes to potential guests that it will match the lowest rate advertised on the web for the Property for the same dates. If a Guest makes an Enquiry on an OA site and advises OA of the lower rate then OA (upon authentication) will adjust the rates for the relevant dates in order to honour the Guarantee. Further OA promotes that it will match the lower rate and compensate the guest $5 per night for their troubles. If called upon the Supplier will re-imburse OA if such compensation is paid to a guest. The standard displayed rate will be no greater than the lowest rate for the same date as can be found on any other website. Accordingly the Supplier will use their best endeavours to maintain their rates on the OA site at their best advertised rates. If the Supplier chooses to use the "Last Minute" facility, then such reduced rates will be off the standard displayed rates. If necessary the Supplier authorises OA to adjust the Suppliers rates accordingly.
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.
