Air-rive Australia Agreement
1.1 The www.air-rive.com.au website (this website) is owned by Immagina Pty Ltd Trading as Air-rive ABN 39129706056 (Air-rive, we, us). This agreement describes the terms and conditions that govern the use of the services specified on this website by a person that completes the online customer form and clicks “I accept” through the website (you).
1.3 We may, at our sole discretion, vary or modify Our Terms from time to time. The amended Our Terms will be posted on the website and a notice of the change will be posted on the home page of the website. Any subsequent access to, or use by you, of the website will constitute acceptance of Our Terms as they appear at that time.
1.4 Except as specifically permitted under paragraph 1.3 and elsewhere in this agreement, Our Terms cannot be amended except in writing signed by you and us.
1.5 In this agreement, a reference to “you” includes a reference to anyone acting on your behalf or with your express or implied authority.
2. The services
2.1 We may provide a range of different services from time to time, including:
(a) check-in services;
(b) check-out services;
(c) cleaning services;
(d) linen services; and
(e) property management services.
2.2 Further details in relation to each of our services are set out on the website. We may change our services and suspend, terminate or restrict your access to our services at any time.
2.3 Our services are only available to persons (also known as Hosts) who receive others as temporary guests at the property of such persons using short term rental platforms such as, but not limited to, Airbnb or Stayz.
2.4 To book our services, please complete the online service form. You may also contact us by email email@example.com or telephone 1300 913 850.
2.5 Following an enquiry in respect of our services, we may at no charge elect to meet with you at the relevant property to discuss any rules applicable to the use of the property and collect any keys which we require to provide our services.
2.6 Where our services include the welcoming of a guest to your property:
(a) we will use our best endeavours to attend the relevant property at the time nominated in the online service form;
(b) if the guest is more than 20 minutes late:
(i) we may leave the property and are not liable to provide the welcoming service beyond that time;
(ii) we may retain the fees and charges paid by you in respect of our welcoming services in consideration of the time and effort we have spent in being available at the property to provide our services at the agreed upon time; and
(iii) if you wish to make another booking you will be liable to pay the fees and charges for such additional booking as a new booking; and
(c) if our welcomer is more than 30 minutes late, we will refund all fees and charges paid by you in connection with the welcoming services and will have no further liability to you.
2.7 We may, in our sole discretion, allow you to cancel or amend a booking in respect of our services. If we allow you to cancel or amend a booking:
(a) at least 24 hours prior to the relevant booking time, no additional fees or charges are payable;
(b) between 24 hours and 4 hours prior to the relevant booking time, you agree to pay our administrative costs in connection with such cancellation or amendment which comprises $50; or
(c) between 4 hours and 0 hours prior to the relevant booking time, you agree to forfeit the fees and charges you have paid in connection with the booking.
3. Fees and charges
3.1 The fees and charges which apply to our services are as set out on the website from time to time. We may, at our sole discretion, vary or modify our fees and charges at any time.
3.2 If you purchase any services from us, the fees and charges which apply in respect of such services are those set out on our website as at the time of purchase.
3.3 Unless otherwise specified, our fees and charges are exclusive of GST. You must pay, in addition to our fees and charges, any GST payable in connection with our fees and charges.
3.4 Payment of our fees and charges must be made pursuant to the manual or online process we make available from time to time. Payment must be received at least 48 hours prior to any service being provided. If payment is received less than 48 hours prior to the time requested for the provision of services, we are under no obligation to provide such services and will in our sole discretion either refund payment to you or seek to reschedule the services at a later time.
3.5 You agree to obtain the services selected by you in the online service form on and subject to the provisions of Our Terms. Our services will not be provided to you without receipt of payment.
3.6 We may set-off any amounts we owe to you against any amounts owing to us under or in connection with Our Terms. You are not entitled to make any set-off against payments owing to us.
3.7 A 10% surcharge will be applied on public holidays.
4. Your account
4.1 You must be registered before you can use any of our services. To register, please complete the customer form. We reserve the right to refuse to register a person for any lawful reason.
4.2 You warrant that if you are signing or accepting Our Terms on behalf of an entity that you are authorised to sign or accept Our Terms on behalf of that entity.
4.3 All accounts must be registered with a valid personal email and postal address (contact details). Accounts registered with someone else’s contact details, or with temporary contact details, may be closed without notice. We may require users to re-validate their email account if we believe they have been using an invalid email address.
4.4 If you fail to abide by Our Terms, we may immediately without notice or liability to you suspend or terminate your account, registration or provision of any or all services.
5. Your obligations
5.1 You must not:
(a) use the website or our services for any activities which breach any laws or regulations or infringe any third-party rights;
(b) use the website or our services for fraud or any misleading or deceptive conduct;
(c) use the personal information of another person in order to access or use the website;
(d) tamper with, hinder the operation of or make unauthorised modifications to the website; or
(e) transmit any bug, virus or other disabling feature to or through the website.
5.2 You indemnify and release us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to your use of the website or our services other than for our negligent acts or omissions.
5.3 You must ensure that you have such insurance coverage for the relevant property as a prudent owner or occupier of such a property would take out and maintain. As a minimum, you agree to hold and maintain public liability and contents insurance for the subject property throughout the provision of our services to you.
6. Information and content
6.1 The content and format of the website may be changed by us at any time, without notice, in our sole discretion.
6.2 The website includes information and content provided by third parties (Third Party Information). We do not verify Third Party Information, which may not be complete, timely or accurate for your purposes. We make no representation or warranty of any kind as to the accuracy, timeliness or completeness of Third Party Information, nor do we endorse any Third Party Information.
6.3 The website includes information and content developed by us (Our Information). You acknowledge and agree that:
(a) Our Information is intended only to provide a summary of the relevant subject matter and we make no representations as to its suitability for your purposes;
(b) while we use all reasonable endeavours to ensure that Our Information is up to date, this is not always possible due to factors beyond our control; and
(c) Our Information may include certain errors, omissions or outdated information from time to time.
6.4 To the extent permitted by law, we do not warrant the accuracy or timeliness of Our Information and no responsibility can be accepted for those who act on Our Information.
6.5 You indemnify and hold us harmless for an loss or damages incurred as a result of your reliance or interpretation of Our Information.
7. Security, viruses and linking
7.1 We do not guarantee the security of the website. We do not warrant that access to the website will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.
7.2 Should you leave this site via a third-party link, you acknowledge that:
(a) you do so at your own risk;
(b) the content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by us; and
(c) the link does not represent any endorsement by us of the products or services offered on the linked site.
8. Intellectual property
8.1 All intellectual property rights in the website, including any information, software and tools accessed via the website, will remain vested in us.
8.2 You may not copy, reproduce, modify, reverse engineer, disassemble, decompile, transmit or communicate to the public the website, or any information, software and tools accessed via the website.
9. Confidentiality and privacy
9.1 Any communication or material sent by you to the website by electronic mail or otherwise, including any data, questions, comments or suggestions, are and will be treated as non-confidential, except to the extent that any such communication or material or any part of it comprises personal information as defined in the Privacy Act 1988 (Cth).
10.1 You represent and warrant that:
(a) you are entitled to enter into this agreement and perform your obligations under this agreement;
(b) you are lawfully entitled to rent the relevant property to guests as well as provide us with access to the property for the purpose of the provision of our services to you;
(c) you are the lawful owner, lessee or licensee of the relevant property;
(d) you have and will maintain all licenses, authorisations, consents, approvals and permits required by applicable laws in order to perform your obligations under this agreement;
(e) there are no matters which will or may adversely affect your ability to perform your obligations under this agreement; and
(f) you will at all times comply with any applicable laws.
11. Our liability
11.1 Subject to any condition, warranty or right implied by the Competition and Consumer Act 2010 (Cth) or any other law that cannot by law be excluded by agreement:
(a) we give no warranties, and you have no other rights, apart from those, if any, expressly set out in Our Terms; and
(b) all implied conditions, warranties and rights are hereby excluded.
11.2 Without limiting paragraph 11.1, to the extent permitted by law, we do not give any warranty of reliability, quality, fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors in, or omissions from Our Information
11.3 Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of that implied condition, warranty or right:
(a) in connection with the supply of goods, to any one or more of the following, as we may determine- the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and
(b) in connection with the supply of services, to one of the following, as we may determine- the supplying of the services again or the payment of the costs of having the services supplied again.
11.4 Subject to paragraphs 11.1 and 11.3, we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:
(a) indirect or consequential loss or damage; or
(b) loss of profits, sales, turnover, reputation, production, anticipated savings, goodwill, business opportunities or data, whether of a direct, indirect or consequential nature,
suffered by you or any other person and arising out of any breach or other act or omission by us.
11.5 You acknowledge and agree that we have no contractual or other relationship with guests who may stay at the relevant property and any act or omission of any guest is your sole responsibility. It is your responsibility to lawfully contract with a guest who is to rent or otherwise stay at the property and to take such measures as would be prudent in connection with such a transaction.
11.6 Without limiting paragraph 11.5, we are not liable for and you indemnify us against:
(a) any act or omission of a guest or other person staying at the relevant property;
(b) any loss or damage caused to the relevant property or chattels by a guest or any third party;
(c) any loss or damage to the property of any guest or third party;
(e) any claims against us by a guest or any other person arising in connection with their stay at the relevant property or the rental of such property; and
(d) any issue arising in connection with the transaction between you and the guest for the rental of the relevant property.
11.7 Subject to this paragraph 11, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct loss or damage arising out of any breach or other act or omission will not exceed the amount of the fees we have received from you in respect of the services provided by us in relation to the booking pursuant to which the relevant liability arose.
12. Termination, suspension and force majeure
12.1 Either party may immediately terminate this agreement upon notice in writing to the other party if:
(a) the other party breaches any term or condition of this agreement and:
(i) the breach cannot be remedied by that defaulting party; or
(ii) if it can be remedied, the defaulting party fails or refuses to do so within a period of not less than 7 days from notification to it, which specifies the nature of the breach and requires the defaulting party to remedy the breach; or
(b) the defaulting party becomes subject to any form of insolvency, receivership, administration, liquidation or bankruptcy.
12.2 Without limiting our rights under paragraph 12.1, we may suspend the services provided under this agreement upon notice in writing to you if:
(a) you breach any term or condition of this agreement; or
(b) we reasonably consider you have engaged in any misconduct or any false, misleading, deceptive, fraudulent, unlawful or offensive behaviour in connection with our services
12.3 Following any suspension we will advise you of what action must be taken to remedy the failure or issue which gave rise to the suspension and the date on which the suspension will cease, with such period not to exceed 60 days.
12.4 A party is not liable for any failure to observe its obligations under this agreement where such failure is wholly or substantially due to a force majeure event, which includes any cause beyond the control of that party, including strike, industrial action, war, sabotage, terrorist activity, national emergency, blockade or governmental action, inaction or request, and act of God, provided that the party seeking to rely on the benefit of this paragraph:
(a) as soon as reasonably practicable, notifies the other party of the extent to which it is unable to perform its obligations; and
(b) uses its best endeavours to mitigate the adverse effects of the force majeure event and perform its obligations under this agreement as quickly as possible.
12.5 Where a force majeure event prevents a party from performing a material obligation under this agreement for a period in excess of 30 days, the affected party may by notice in writing terminate this agreement, which will be effective immediately, unless otherwise stated in the notice.
13.1 Our Terms record the entire agreement between you and us and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of Our Terms.
13.2 If any part of Our Terms is for any reason invalid or unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.
13.3 We may subcontract, assign or novate this agreement or any of our rights or obligations under this agreement in our sole discretion.
13.4 Any failure or delay by us to exercise or enforce Our Terms does not waive our rights to enforce Our Terms.
13.5 Our Terms shall be governed by and construed in accordance with the laws of Queensland, Australia. You submit to the jurisdiction of the courts of Queensland, Australia.
13.6 If you have any questions or feedback about the website or Our Terms, please contact firstname.lastname@example.org
13.7 Air-rive is not affiliated with Airbnb, Stayz, Roomorama, Flipkeys or any other rental platform referred to on this website.
13.8 You agree to accept any notice and shall not object to our giving any notice via the contact details provided to us upon your registration of our services.
© Air-rive 2017 All rights reserved.