Terms and Conditions
THIS AGREEMENT IS MADE BETWEEN JINSKY HOLDINGS PTY LTD AS TRUSTEE FOR THE HOME HOST UNIT TRUST TRADING AS HOME HOST ABN 66 780 975 958 (“HH”) OF AND THE PROPERTY OWNER BEING THE HOST (“H”)
HH Services: Clauses 1 – 3
HH Fees, Payouts and Other Charges: Clauses 4 – 6
HH Policies, Procedures and Host Responsibilities: Clauses 7 – 13
Termination, Notice and Disputes: Clauses 14 – 21
Acceptance of HH Services: Clause 22
IN CONSIDERATION OF THE EXCLUSIVE SERVICES PROVIDED BY HH, THE PARTIES ACKNOWLEDGE AND AGREE AS FOLLOWS:-
1. Listing of Host’s Property
1.1 Listing assistance – HH will assist the Host with creating and optimising the letting of accommodation on one or more third party platforms (“Listing”). HH’s listing services will recommend the optimal price for a Listing. In that regard the Host will be responsible for the accuracy of all listing information.
1.2 The Host acknowledges and agrees that he/she is responsible for the contents of any and all Listings.
2. Communication with Guests
2.1 Guest Selection
2.1.1 HH will assist the Host with screening and selecting potential Guests. The Host shall authorise HH to be responsible for selecting Guests.
2.2 Guest Liaison
2.2.1 HH will receive and communicate with all potential guests in order to address any questions and complaints. This arrangement will continue to apply with guests either during or after their stay in order to provide both the Host and the Guest with a trouble free occupancy. In that regard the Host agrees that all communication will be handled by HH in which regard the Host authories HH to deal with any and all Guest issues as reasonably necessary, HH will assist the Host and Guests with unexpected events such as lock outs.
2.2.2 HH may see fit to impose an accommodation bond in such an amount as will be determined in exercise of its discretion.
2.3 Platform Access
2.3.1 For the duration of this Agreement, the Host shall not make changes to the Airbnb account or to perform any management functions without prior discussion with HH, These management functions include but are not limited to; reviewing guest messaging, messaging guests directly, modifying settings, modifying listing details, extending offers or extending refunds.
3. Photography and other services
3.1 Professional real estate photography services are provided by HH for a fee that will be quoted after a property inspection. Photographs of the property will be used for marketing the property and will be used by HH at its discretion. HH will retain and maintain full ownership of all photos, which can be released to the host upon request at HH discretion.
3.2 The Host will reimburse HH upon receipt of invoices within 7 days where expenses are incurred either in the maintenance of the property provided by the Host or the provision of cleaning services by HH.
3.3 The Host acknowledges and authorises HH to provide the services through one or more third party vendors in its sole discretion. HH agrees to provide the services in timely and professional manner and in accordance with this Agreement but HH makes no warranties of any kind, express or implied with respect to the services to be provided herein.
3.4 HH will provide cleaning services for any accommodation provided by the Host after completion of a stay. The same will be payable by the Guest.
HH Fees, Payouts and Other Charges
4. HH Service Fees, Payouts and After Hours Support
4.1 HH Service Fees
4.1.1 HH Service Fees are 15% of booking fees plus GST of the total booking income.
4.2 Booking Fees and Transaction Charges
4.2.1 In exceptional circumstances additional booking fees may apply where HH is required to secure the booking for the Host.
4.3 Call Out Fees and After Hours Support
4.3.1 HH will impose a call out fee of $50 during business hours $75 after business hours with an hourly rate thereafter of $50.00 plus GST where any property maintenance issues arise including but not limited to, electrical trips, water leaks, air-conditioning repairs, Wi-Fi related issues or any other matter where complaints are raised needing a staff member to supervise and resolve any complaints. Any call out fees will be discussed with the Host prior to the provision of HH call out services, with the exception of an absolute emergency, and/or when the Host is uncontactable by HH.
4.4 Income Collection from Guests and Host Payouts
4.4.1 Income from Host Services – HH will receive rental income from Guests and partner platforms and will account to the Host within 7 days after the end of each calendar month. HH will remit funds to the Host less any fees payable to HH for expenditures incurred on behalf of the Host whereas otherwise outlined above. Where any such expenditure arise, HH will provide the Host with a break down.
4.4.2 The Host acknowledges and authorises HH to provide the services through one or more third party vendors in its sole discretion. HH agrees to provide the services in timely and professional manner and in accordance with this Agreement but HH makes no warranties of any kind, express or implied with respect to the services to be provided herein.
4.4.3 The Host agrees to be bound by the Schedule of Fees in which respect the parties agree that the outline of the Schedule will be raised and resolved between HH and the Host prior to premises being available for short term accommodation.
4.4.5 Where an accommodation bond has been collected for a booking, and in the case of issues that arise in the property, HH will allocate the bond payment to remedy any issues to restore the property. Where insurance claims through a resolution centre arise, HH will collect the full amount of resolution payout and act on behalf of the Host to make the claim and rectify.
4.5 Set up fee for listing integration to HH channels and listing online. 1 and 2 Bedroom fee is $250.00, 3 bedrooms + fee is $350, this fee is inclusive of the photography service + GST.
4.6 $50.00 per month per property amenities fee which covers all supplies including bathroom and kitchen products.
5. Termination of a HomeHost Booking of HomeHost Service Fee
5.1 If the Host cancels any booking already made by HH for any reason, the Host agrees to pay the value of the booking commission for each booking cancelled and any fees for host services provided by HH plus a cancellation fee of $250.00 per property / per booking as an administration fee/s The Host shall additionally be liable for all cancellation fees incurred through other booking platforms where no rental accommodation has in fact been booked. In addition, the host is liable for all cancellation fees incurred from the booking platforms for the inconvenience brought to guests, in the event of an early reacquisition of the property or any other circumstances. Should the host wish to keep the booking, HH fees will be payable upfront.
5.2 Where a Guest cancels their accommodation with HH and they are not entitled to a refund, 50% of the cancelled booking value will be paid out to the Host and 50% of the cancelled booking value will be paid out to HH.
6. Disclosure of Other Fees
6.1 HH may from time to time in its sole discretion provide or arrange services for Guests including but not limited to equipment rental (cribs, linen, etc.) and other special services requested by Guests. The Host acknowledges and agrees that HH may receive additional fees from Guests or third party vendors for arranging such services and that any such fees shall belong exclusively to HH. Unless in an emergency. HH will try to give as much notice to seek permission from Host’s before making or incurring such expenses.
6.2 When a Guest vacates, Guest charges would involve $95.00 as the base cleaning fee for a one bedroom apartment and $25.00 for each bedroom thereafter. Final cleaning fees are determined upon inspection of the property. If pets are allowed at the property an additional $40.00 cleaning fee will apply, (again payable by the Guest) however no such permission will be granted without prior approval from the Host.
6.3 Linen fees are charged at $25.00 per load / set + GST, at the conclusion of each occupancy which is paid for by the Host.
HH Policies, Procedures and Host Responsibilities
7. Leasing Policies
7.1 HH assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
7.2 The Host acknowledges that some jurisdictions have laws that prohibit or restrict short term rental of residential dwellings, including single family residences, home units and rental apartments. In certain jurisdictions, Hosts may have to meet certain qualifications, register or obtain authority or licence before listing or renting a residential dwelling. The Host acknowledges that HH has no responsibility with regard to any requirements associated with terms and conditions of any occupancy being offered by Host.
8. Key Exchange
8.1 HH requires 3 sets of keys to any of the properties when providing Host services. Should the Host not have sufficient sets of keys provided to HH, then HH is authorised by the Host to have any additional keys cut at cost plus $30.00 service charge. Hosts will receive acknowledgement of the number of keys received by HH.
9. Host’s Responsibility
9.1 All applicable laws and regulations, arising from the services being provided by HH will be the sole responsible for compliance by the Host. The Host will not breach any agreements made on the Host’s behalf by HH. HH is authorised by the Host to use any third party platforms for Listings of accommodation provided by the Host. The Host will ensure that the information provided to HH being used in Listings on third party platforms will be true and accurate in all respects.
9.2 If any Guest stays beyond the period agreed upon between HH and the Guest, the Host will have sole responsibility with regard to evicting any Guest and any expenses, losses or damage associated with the Guest’s stay beyond the contracted period or any eviction process. In the event a guest refuses to leave the premises, the issue will be brought to the attention of the Host, and if appropriate the Police.
10.1 The Host will at all times be responsible for contents insurance, public liability insurance and (if applicable) building insurance in which respect the Host indemnifies HH against any claim that may arise through the Listing of the Host’s property.
11. Routine Maintenance
11.1 The Host is responsible for routine maintenance of the premises provided by the Host. The Host may request HH to complete any routine maintenance subject to a separate agreement between the parties regarding the maintenance to be performed. In the event that maintenance is provided as requested by the Host, HH will provide an invoice in relation to any expenditures incurred. Emergency maintenance – If HH believes that emergency maintenance is required to protect or preserve the accommodation from damage or to provide services to a Guest, HH may as soon as possible arrange for such maintenance to be performed and notify the Host of any costs incurred. HH will attempt to communicate with the Host regarding the need for emergency maintenance and the steps necessary to be taken however in no case will the Host be relieved of any liability incurred pursuant to the performance of emergency maintenance.
12. Host Representations and Warranties
12.1 In addition to the other representations and warranties set out earlier in this Agreement the Host represents and warrants that:
12.1.1 The Host is a legal owner or authorised occupant of the accommodation and has full authority to enter into this Agreement and to use HH for the Host Services under the terms of this Agreement.
12.1.2 If the Host is an authorised occupant there are no written or oral restrictions on further leasing or sub-letting the accommodation that would interfere with the listing of the accommodation on a third party platform or otherwise temporarily leasing the accommodation to Guests or any other actions contemplated by this Agreement.
12.1.3 To the best of the Host’s knowledge the accommodation, its construction and operation does not violate any applicable statutes, laws, ordinances, rules, regulations, orders or the like.
12.1.4 To the best of the Host’s knowledge and belief the building does not contain any toxic substances and is in a proper and safe condition unless otherwise disclosed in writing at the time of this Agreement.
12.1.5 To the best of the knowledge and belief of the Host, the property being listed through HH is in a fit and proper condition for occupancy.
12.1.6 The Host hereby acknowledges that HH is not a real estate agent, broker, agent or insurer. HH has no control over the conduct of Guests and disclaims all liability in this regard.
13.1 The Host agrees to defend indemnify and hold HH, its representatives, agents, managers, officers and employees from and against all claims, liabilities, damage, loss and expense including without limitation reasonable legal and accounting fees arising out of or in any way connected with:
13.1.1 Any services provided by HH under this Agreement other than those arising because of gross negligence or intentional misconduct by HH or any of its representatives, agents, managers, officers or employees.
13.1.2 Any damage to or destruction of any property by Guests or any third party.
13.1.3 Any injury or death of any person from any cause whatsoever.
13.1.4 Any error of judgment or any mistake of law or fact on the part of HH.
13.1.5 To the extent not covered by insurance, any alleged violation of any law (statutory common or otherwise) relating to the actions contemplated by this Agreement.
Termination, Notice and Disputes
14. Term and Termination
14.1 This Agreement is effective from the date the Host uses the HomeHost Services and will continue until terminated by either party in accordance with this Agreement as may arise as follows:
14.1.1 Cancellation of the Host’s registration on the Listing site for any reason will automatically terminate this Agreement.
14.1.2 Either party may elect to cancel or terminate this Agreement with or without cause by giving 28 days prior written notice to the other. Upon termination of this Agreement by HH, HH will cease providing any services to the Host from the date of termination. On termination of this Agreement by the Host, HH may continue providing Host Services to the Host for any stays that were booked on or prior to the date of termination.
15. Successor and Assigns
15.1 This Agreement shall benefit HH, its successors and any permitted assigns. The Agreement shall not be assignable by the Host without the express written consent of HH, but may be freely transferred, assigned or delegated by HH.
16. Entire Agreement
16.1 This Agreement and the terms into which this Agreement is incorporated, set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representation, marketing information and understandings.
17.1 If the Host breaches any term of this Agreement and HH decides to take no action or neglects to do so, then HH will still be entitled to take action and enforce its rights and remedies for any other breach.
18.1 If any of the provisions or portions thereof of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
18.2 The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.
19.1 All notices and other communications under this Agreement shall be by email, text messages or in writing by mail or delivery to the addresses of the respected parties.
20. Governing Law
20.1 This Agreement shall be governed by and construed in accordance with the law of the State of New South Wales.
21. Dispute Resolution
21.1 The parties agree to try in good faith to settle any dispute by voluntary mediation before seeking to resolve any outstanding issue by of arbitration or court proceedings. In the event of a dispute between the parties concerning the terms of this Agreement, such dispute shall be resolved as set forth in the Terms.
Acceptance of HH Services
22.1 You may accept our terms and conditions by:
22.1.1 By signing and returning this document to us; or
22.1.2 Following your receipt of this document you provide us with an email or text message confirming that you have received our terms and conditions and accept the same.
22.1.3 Upon acceptance you agree to pay for our services upon the above terms.
EXECUTED AS AN AGREEMENT:
Full name of Host: ………………………………..
Address of Property: ………………………………..
Signed by HomeHost: ……………………………………
Name of Signatory: Gabriel Sarajinsky