条款及细则
The website at www.rightkeybnb.com.au (“Website”) is owned and operated by Right Key BnB Pty Limited (ACN: 680 438 466) of Level 32 367 Collins Street Melbourne VIC 3000 T/A “RightKeyBnB”. The terms “RightKeyBnB”, “we”, “us” or “our” refer to xxx. The terms “you” or “your” refers to any user of our Website or our Services and includes where the context permits a Host or Guest.
Background
We provide various value-added Services to Hosts and Guests who have arranged the short-term use of residential and other property. Our Services are provided through Third-Party booking agents and hosting platforms (such as Airbnb, Booking.com, HomeAway, etc.) on behalf of the Host, and/or through RightKeyBnB’s hosting platform on behalf of the Host. From time to time, we also provide specific services to Guests independently. Our Services include providing marketing and rental management of properties on behalf of owners or authorised tenants of properties. In doing so we are able to provide concierge services and advice to guests or travellers staying with Guests at these properties, which may include introducing a Guest to a Third-Party vendor of products or services. We also provide a platform where Guests can connect with Hosts to book the short-term use of residential and other property (with such listings set out directly on RightKeyBnB’s platform).
These terms and conditions together with our Privacy Policy set out at https://www.rightkeybnb.com.au/privacy-policy (together our “Terms of Use”) sets out the terms which apply to your use of the Website or any of the Services accessible to you either through us directly or by a Third-Party platform. These Terms of Use are entered into by RightKeyBnB and you, each a “Party” and together the “Parties”.
Please read these Terms of Use carefully before accessing or using the Website or our Services.
Should you continue to use this Website or accept our Services, you are agreeing to comply with and be bound by our Terms of Use. Should you not agree with any of these terms and conditions, please do not use our Website or our Services. We may immediately terminate these Terms of Use or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
1. Key Terms
Owner Portal means a web platform or dashboard provided by RightKeyBnB that allows a Host to manage its Property listing.
Authorised Tenant means a non-owner Host that has the authority to rent a Property.
Data includes all information or data submitted by you or on your behalf via the Owner Portal, the Website, the Software or otherwise.
Guest means a guest who enters into a Rental Agreement to rent Property from a Host through a Third-Party Hosting Platform or the Hosting Platform and includes invitees of that Guest while at the Property.
Guest Services means concierge and other services and advice to guests or travellers staying with guests at the Properties, which may include introducing a Guest to a Third-Party Vendor or enabling guests or travellers to book a Property through the Hosting Platform.
Host means an owner of a Property or an Authorised Tenant of a Property and who is using the Host Services in connection with the listing and rental of a Property through the Hosting Platform or a Third-Party Hosting Platform.
Host Services means marketing and rental management of Properties on behalf of Hosts (including direct bookings for Properties made by Guests through the Hosting Platform).
Hosting Platform means the Website (including the Software, the Owner Portal and any other online platform or tool provided by RightKeyBnB or its related bodies corporate), where Guests can view advertising and information about Properties, and connect to Hosts who have Properties with a view to entering into Rental Agreements.
Products means goods or services offered for sale by a Third-Party Vendor or RightKeyBnB.
Property or Properties means a residential or other property that is rented or offered for rent by a Host to a Guest on the Hosting Platform or a Third-Party Hosting Platform and includes any furniture, furnishings or amenities provided within the Property.
Rental Agreement means an agreement between a Host and a Guest for the letting of Property.
Services means the Guest Services, the Host Services and may include the use of the Software, as the case may be.
Software means any mobile applications, administrative codes, application programming Interfaces (API’s), plug-ins or other software RightKeyBnB makes available to you, and includes any interfaces, applications and any Owner Portal made available in connection with the use of any specific software programs.
Third-Party Vendor means an independent supplier of goods and/or services which is recommended or referred by us.
Third-Party Hosting Platform means a Third-Party booking agent or hosting platform which is referred by us, where Guests can view advertising and information about a Property and connect to Hosts who have a Property with a view to entering into Rental Agreements.
User is an individual who accesses the Website or is authorised by to use or access the Software. Users can be but are not limited to your employees, contractors, agents and any Third-Party you invite to use the Software.
2. Interpretation
2.1 In some instances, supplemental, special terms and conditions may apply to the Services or an activity (“Special Conditions”). Such Special Conditions will be disclosed to you in connection with the applicable Services and are in addition to, and shall be deemed a part of, the Terms of Use for the purposes of the applicable Services.
2.2 Save to the extent expressly stated otherwise in these Terms of Use, if there is a conflict between these Terms of Use and the applicable Special Conditions, the following order of precedence will apply when resolving that conflict:
A. For Host Services provided by RightKeyBnB to the Host:(a) if the Property is booked through a Third-Party Hosting Platform – any terms of use that apply to users of the Third-Party Hosting Platform; (b) the relevant Special Conditions contained in the Host Services Agreement entered into between the Host and RightKeyBnB; and (c) these Terms of Use.
B. For Guest Services provided by RightKeyBnB to the Guest: (a) if the Property is booked through a Third-Party Hosting Platform – any terms of use that apply to users of the Third-Party Hosting Platform; (b) the relevant Special Conditions in the Guest Services Agreement entered into between the Guest and RightKeyBnB (if any); and (c) these Terms of Use.
C. For the provision of Property by a Host to a Guest: (a) if the Property is booked through a Third-Party Hosting Platform – any terms of use that apply to users of the Third-Party Hosting Platform; (b) the relevant Special Conditions contained in the Rental Agreement entered into between the Host and the Guest directly (if any); and (c) the relevant Special Conditions applied by the Hosting Platform (for Properties booked on RightKeyBnb’s platform), or the relevant Special Conditions applied by the Third-Party Hosting Platform (for Properties booked on that Third-Party platform) (if any).
D. For Products provided by a Third-Party Vendor introduced by RightKeyBnB: (a) The relevant Special Conditions entered into between the Third-Party Provider and the Guest directly (if any) will apply.
E. For Products sold by RightKeyBnB: These Terms of Use will apply.
F. For Use of the Software: These Terms of Use will apply.
2.3 If you accept these Terms of Use, you represent that you have the capacity and authority to be bound by them. If you accept or agree to these Terms of Use on behalf of each User authorised by you, a company or other legal entity, you represent and warrant that you have the authority to bind that User, company, the User or other legal entity to these Terms of Use and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
2.4 We may amend the Terms of Use related to the Services from time to time. Amendments will be effective upon posting of such updated Terms at this Website or the amended policies or Special Conditions on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms of Use, as amended.
3. How our Services Work
3.1 Unless otherwise agreed by us in a separate written agreement with you: RightKeyBnB's responsibilities are limited to the terms set out in these Terms of Service.
3.2 Host Services: RightKeyBnB provides Host Services to Hosts that enter into a Host Services Agreement with us. This Host Services Agreement governs how RightKeyBnB assists Hosts with preparing and properly marketing their Properties, which may include: (a) implementing an optimal price or nightly/weekly/monthly rate for the listing of a Property; (b) helping Hosts by interacting with potential Guests to answer questions and arrange a stay at a Property; (c) managing check-in’s, check-out’s and property inspections for Properties; (d) arranging professional vendors to provide management services before, during and after the Guest’s stay, including scheduling professional cleanings, property maintenance and handling unexpected events such as lockouts; (e) providing a centralised dashboard via the Website or Software to allow Hosts to monitor and manage their listings; (f) assisting Hosts with marketing their listings by publishing listings on the Hosting Platform or a Third-Party Hosting Platform (as relevant).
3.3 To the extent that Properties are listed on the Website as being available for rental, the Website acts only as a platform for Guests to arrange short-term use of accommodation with Hosts. We are not, and we do not become, a party to any contractual relationship between the Host and the Guest in respect of any booking, Property or payment made through the Hosting Platform (including a Rental Agreement), and we do not mediate between the Host and the Guest in the event of any dispute arising between them. You acknowledge and agree that the Host and the Guest will be responsible for performing the obligations of any such agreement (including a Rental Agreement), that RightKeyBnB is not a party to such agreements, and that RightKeyBnB disclaims all liability arising from or related to any such agreements to the maximum extent permitted by law. This is true even if the Website facilitates a booking for a Property or the use of other Services, as RightKeyBnB is not a party to any Rental Agreement or other agreement between Hosts and Guests.
3.4 In addition to these Terms of Use, Hosts are subject to the Special Conditions contained in a Host Services Agreement which sets out the specific details of the Host Services.
3.5 Use of Software: RightKeyBnB grants you the right to access and use the Software. This right is non-exclusive, non-transferable, and limited by and subject to these Terms of Use. You acknowledge and agree that, subject to any applicable written agreement between you and RightKeyBnB, or any other applicable laws: (a) you are responsible for all appointed Users’ use of the Software (as relevant); (b) RightKeyBnB may suspend or terminate your use of the Software at any time including but not limited to any non-payment of any fees due to RightKeyBnB; and (c) you must only use the Software and Website for your own lawful purpose, in accordance with these Terms of Use and any notice sent by RightKeyBnB or condition posted on the Website. You may use the Software and Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all the Terms of Use that apply to you.
3.6 As a condition to you using the Software, you must: (a) not attempt to undermine the security or integrity of RightKeyBnB’s computing systems or networks or, where the Software is hosted by a Third-Party, that Third-Party's computing systems and networks; (b) not use, or misuse, the Software in any way which may impair the functionality of the Software or Website, or other systems used to deliver the Software or impair the ability of any other user to use the Software or Website; (c) not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Software is hosted; (d) not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); and (e) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Software or to operate the Website except as is strictly necessary to use either of them for normal operation.
3.7 At any time and in its sole discretion RightKeyBnB reserves the right to discontinue, update, revise, remove or otherwise change Software features and functionality, and the right to revise, update and modify the Terms of Use. Such modifications to the Terms of Use will be effective in accordance with clause 2.3. Your continued use of the Software and/or the Services thereafter will be deemed acceptance of such changes to the Terms of Use and/or the Software.
3.8 You and each of your invited Users must, and must ensure that they comply with any rules, regulations, guidelines or similar documentation posted or otherwise made available by RightKeyBnB in respect of the Software.
3.9 The provision of, access to, and use of, the Software is on an "as is" basis and at your own risk.
3.10 Guest Services: RightKeyBnB may provide Services to Guests that have responded to a Host's posting on the Hosting Platform or a Third-Party Hosting Platform. RightKeyBnB may assist Guests or potential guests with questions regarding a listing or booking for Property, communicate with Guests regarding arrival and departure and provide 24-hour Guest support. RightKeyBnB may also offer and arrange value-added Products for Guests, such as concierge and ticketing services, from RightKeyBnB or Third-Party Providers. In addition to these Terms of Use, and for Guest Services, Guests are subject to the Special Conditions contained within a Guest Services Agreement.
3.11 For Products provided by Third-Party Vendors, that Third-Party Vendors special conditions will apply to the Products supplied. Subject to your statutory rights (including under the Australian Consumer Law), your use of any information or materials pertaining to Products is entirely at your own risk, for which we shall not be liable. It is your own responsibility to ensure that any Products made available through Third-Party Vendors meet your specific requirements and that you have entered into appropriate terms of supply with those Third-Party Vendors. In some instances, RightKeyBnB will receive a commission or other benefit for referring a Guest to a Third-Party Vendor.
3.12 RightKeyBnB merely provides a list of available Third-Party Vendors to the Guest and is not party to any agreement for the supply of Products. To the extent permitted by law, these Terms of Use apply to exclude our liability arising from the supply of these Products.
3.13 In agreeing to these Terms of Use and as a condition to using our Services, you understand and agree that: (a) RightKeyBnB does not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials for any particular purpose which is found or offered on or through a Hosting Platform, by the Host or by a Third-Party Vendor. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability whether under contract or negligence for such to the fullest extent permissible by law. (b) RightKeyBnB is not a real estate broker, nor is it an owner or provider of property, transportation, travel services or other Products provided by Third-Party Vendors; (c) While the parent company of RightKeyBnB, Right Key Property Pty Limited (ACN: 662 137 895) is a licensed agent under the Property, Stock and Business Agents Act 2002 (NSW) and equivalent legislation in Victoria and Queensland, these licences apply to limited Services we provide on select occasions to our Hosts only. RightKeyBnB is not a party to any Rental Agreement between a Host and a Guest; (d) RightKeyBnB does not and cannot control the content contained in any listing or the condition, legality or suitability of any Properties; (e) RightKeyBnB does not control and is not responsible for the compliance with any laws by the Guest, the Host, a Third-Party Vendor or any Third-Party Hosting Platform; (f) While we make reasonable efforts to conduct background and identity checks of our Hosts and Guests, RightKeyBnB is not responsible for any errors or misidentification of the identity, or for the behaviour, of Hosts or Guests or for establishing the nature, condition or suitability of a Property; (g) To the extent a Host requests a security or damage deposit from a Guest, this is paid directly to and or held in escrow solely for the benefit of the Host. These monies are not held in trust by RightKeyBnB and it is up to the Host to provide you with a receipt. RightKeyBnB does not become involved in the payment or return of damage deposits, you should be aware that return of these amounts is based on the Host's terms and conditions and is at their sole discretion. In most cases security deposits are only refunded in full once the Guest has vacated the Property free of damage and in accordance with the Rental Agreement;
(h) Your use of any information or materials on this Website our Services is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any Products, Services or information available through us or this Website meet your specific requirements; (i) On this Website or in the provision of Service we may, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites; and (j) As more specifically set out in the clause 12.2 (Limitations of Liability), RightKeyBnB is not responsible for and disclaims any and all liability related to any and all listings and Properties to the maximum extent permitted by law. Bookings will be made at the Host's and Guest's own risk.
4. Property Listings
4.1 Hosts may, in accordance with these Terms of Use and the Host Services Agreement, agree with RightKeyBnB to place on the Hosting Platform a listing for a specific Property (“Listing”).
4.2 Host eligibility for Listings: (a) In order for RightKeyBnB to create and publish a Listing on behalf of a Host, Hosts must comply with the practices described in this clause 4.2 (and any other requirements that may be notified to the Host by RightKeyBnB from time to time). (b) Online bookings are required for all Listings. Hosts must manage communications, enquiries and bookings through the Hosting Platform. Use of external tools and bookings not processed through the Hosting Platform is strictly forbidden. (c) RightKeyBnB reserves the right to decline to publish any Listing for any reason, including any Listing which, in RightKeyBnB’s discretion, is capable of infringing, or being associated with the infringement of, any provision of these Terms of Use. (d) The Host must provide only accurate and up to date information to be used by RightKeyBnB in creating and publishing each Listing (including the description, rates, taxes, cancellation policy), and shall not impose different conditions on the Guest than those set out in the Listing. Failure to comply with the obligations set forth in these Terms of Use may result in the Host’s permanent exclusion from the Website.
4.3 Payment terms for Listings: (a) In addition to online bookings, online payments are required for all Listings. Online payments are handled by Third-Party payment providers and are subject to the terms and conditions and privacy policies of such providers. (b) Guests pay amounts to RightKeyBnB. At the end of each month, RightKeyBnB will forward to the Host the amounts paid by the Guest, less any applicable GST or other taxes, and less RightKeyBnB’s booking fee for the Listing (as set out in the Host Services Agreement).
4.4 Listings will continue to be displayed on the Website until the termination or expiry of the Host Services Agreement. RightKeyBnB reserves the right to remove or refuse to publish any Listing at any time in its sole discretion.
4.5 Hosts can request RightKeyBnB to suspend or remove their Listing in accordance with the Host Services Agreement.
4.6 We cannot guarantee that any Listing will appear in any specific order in search results on the Website. Search order will fluctuate based on a variety of factors such as search parameters, compliance with our published requirements and other factors that RightKeyBnB may deem important to the user experience from time to time. Listings may not always appear in search results.
4.7 RightKeyBnB may change, suspend or discontinue any aspect of the Website at any time, including the layout and the availability of any Services or content without any prior notice or liability.
4.8 RightKeyBnB will endeavour to reproduce accurately on the Website any photographs supplied by Hosts for Listings. However, Hosts acknowledge that deviations from original photos can occur when scanning non-digital images and due to individual screen settings, and that RightKeyBnB shall have no responsibility or liability for any such deviation.
4.9 RightKeyBnB may occasionally undertake upgrades of the Website in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the Website. RightKeyBnB will, where possible, perform such maintenance at a time when most users’ usage is least affected.
4.10 RightKeyBnB may conduct identity checks and ask for proof to establish the existence of a Property and/or a Host and ownership of the Property. The Host acknowledges that RightKeyBnB is entitled to carry out identity checks and due diligence on the Host or to require the Host to prove the existence of a Property. If requested to do so, the Host agrees to promptly (and in any event within any period requested by RightKeyBnB) supply to RightKeyBnB such proof of identity or of a Property’s existence as RightKeyBnB requests. Each Host acknowledges that failure to comply with any such request constitutes a breach of these Terms of Use.
4.11 RightKeyBnB complies with its Privacy Policy. The Host authorises RightKeyBnB to forward the Host’s contact details, including telephone number, to Guests in connection with a Property booking made through the Hosting Platform. RightKeyBnB may where necessary (including to prevent fraudulent behaviour of a Third-Party) give Host’s contact details to a Guest. The Host accepts that it has read the Privacy Policy and consents to the processing of data as outlined in those policies.
4.12 Hosts undertake to provide RightKeyBnB all necessary information required to ensure that the information on the Listing is kept accurate, complete and up-to-date for the entire time the Listing remains on the Website.
4.13 No Listing may be transferred to another party by a Host. In the event of a Property sale or change in tenancy, RightKeyBnB will provide guidance on options for creating a new Listing.
4.14 If RightKeyBnB compensates a Guest for a loss caused by acts or omissions attributable to a Host, RightKeyBnB reserves the right to pursue the Host for the amount paid or contributed by RightKeyBnB toward the loss.
4.15 In the event of any breach of this clause by a Host, RightKeyBnB reserves the right to suspend, amend or terminate the relevant Listing or all Listings associated with the Host in accordance with clause 14 of these Terms of Use.
5. Commissions and Payments
5.1 Host Services: We receive payment for Host Services from the Host as set out in the Host Services Agreement.
5.2 Guest Services
(a) The base level of the Guest Services we provide as agent for an on behalf the Host are set in the Rental Agreement, which are paid for by the Host. (b) To the extent a Guest requires additional Guest Services (beyond those set out in the Rental Agreement), these will be subject a separate Guest Services Agreement between the Guest and us, for which we will receive payment directly from the Guest. (c) To the extent we refer the Guest to a Third-Party Vendor for the purchase of Products supplied by that Vendor, it is the Guests responsibility to enter into a separate agreement with that vendor for the provision and payment of those Products. In some instances, RightKeyBnB receives a commission from a Third-Party Vendor for referred Products.
5.3 Damage Repairs and Cleaning:
(a) Each Guest shall be responsible for the cost of repair for damage to, or necessary cleaning of the Property in accordance with the Rental Agreement. In the absence of any terms in the Rental Agreement, the Guest Responsibilities set out in clause 6 shall apply. (b) In the event of damage of any additional amenities provided by us as part of the Guest Services, the Guest Responsibilities in clause 5 will apply. (c) We reserve the right to facilitate payment for the reasonable cost of such repair, replacement or cleaning whether for our own account, on behalf of the Host or Third-Party Vendor, using your payment method designated in your Guest Services Agreement, Rental Agreement or your agreement with the Vendor. Your credit card details will be held as security and such amounts for repair, replacement or cleaning will be deducted with a charge in accordance with the damages and a receipt will be forwarded to your nominated email address. Such amounts will be transferred by us to the applicable person and are non-refundable.
5.4 Cancellations:
(a) When cancelling any Guest Services, you may be liable for a cancellation charge to the extent the cancelled service cannot be rebooked by us or we incur any expenses as a result of the cancellation. We reserve the right to charge an administration fee of $25 payable to us. (b) Subject to clause 5.4(c), terms and conditions for booking changes, cancellations and refunds and refundable damage deposits are specific to each Host and/or each Property that they list. These terms are set out in the Rental Agreement and must be read and agreed to before making your booking), or otherwise will be provided to you by the Host. (c) Terms and conditions for cancellations of bookings made in relation to Listings are as set out in the Rental Agreement. Without limitation, these terms may include prohibiting an Owner from cancelling a material number of accepted bookings.
6. Guest Responsibilities
6.1 The obligations of the Guest are not exclusively set out below and it is incumbent upon the Guest to review the entire Terms of Use and any Special Conditions.
6.2 The Property is let for holiday accommodation purposes only and is not to be used for any other purpose including but not limited to commercial purposes, receptions or parties.
6.3 The Guest shall not use the Property, or cause or permit the Property to be used:
(a) For any illegal purpose; (b) To smoke or allow smoking to occur within the Property; (c) In a manner so as to cause a nuisance, including excessive noise, or interfere with the use or enjoyment of the Property for other occupiers or neighbouring properties. Unruly, loud or offensive behaviour will not be tolerated. If complaints are received this may result in termination of the booking and loss of unused balance of Property; (d) By more than the registered number of Guests permitted to occupy the Property. If the Property is reported to be overloaded, the booking will be terminated and Guests will be asked to vacate, with no refund made; (e) To erect tents or caravans; (f) To bring any pets within the Property (unless otherwise agreed in the Rental Agreement).
6.4 Guests agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Website, their use of any Guest Services and any transaction they enter into either via the Hosting Platform or in connection with their use of the Website.
6.5 It is the Guests responsibility to maintain the cleanliness of the Property. Departing Guests must leave the Property clean and tidy. This includes washing, drying and putting away all dishes, emptying the dishwasher, emptying and cleaning of the refrigerator, oven/griller and microwave, cleaning of the barbecue, leaving the beds neatly folded back, turning off all the lights and cooling/heating appliances. If the dishes are not washed, dried and put away, the dishwasher not emptied and/or the barbecue has not been cleaned an automatic security deposit deduction applies of $75 per job to be completed.
6.6 All Guests are responsible for keeping the Property secure during their stay and will be responsible for any theft or damage due to neglect in this area.
6.7 To accept full responsibility for any breakages, loss or damage caused to the Property directly or indirectly caused by the Guest, or by another occupant or any other person invited on or in the Property by the Guest during the stay and agrees to authorise RightKeyBnB to pay for any such breakages, loss, damage and all forms of cleaning (including but not limited to rubbish removal) of the Property by deduction of the applicable amount from the security deposit or using your credit card details. Where the deduction is not sufficient to cover the cost of the payment required the Guest agrees to pay the balance of the payment within seven days of being notified in writing of the payment required by us.
6.8 The Property is furnished to the Host’s taste and style and we accept no responsibility for any unmet expectations of the Guest in respect of any design, quality or other aspect of the Property.
6.9 Guest will be advised of Council rubbish bin collection for waste.
6.10 The Guest agrees to let, use and occupy the Property and its contents at his or her own risk and hereby releases, to the maximum extent permitted by law, the Host and us from any injury, liability, debt, loss, cost, delay, expense however arising in the connection with the letting, use and occupancy of the Property including by breach of contract, duty or statue.
6.11 Guest Responsibilities in this clause 6 are essential terms of these Terms of Use. If the Guest commits, causes or otherwise permits a breach of these terms during the stay, we are authorised (on behalf of the Host) to immediately terminate the Rental Agreement.
6.12 RightKeyBnB reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorised persons. If either the Host or RightKeyBnB has a reasonable belief that there is imminent danger to any person or property, either the Host or RightKeyBnB may enter the Property without advance notice.
6.13 A Guest’s booking of a Property is governed by the terms and conditions on the website through which the booking is finalised (either the Hosting Platform or a Third-Party Hosting Platform). To the extent of any conflict between the terms and conditions of the site on which you found the Property and the terms and conditions of the website you finalise a booking through, the terms and conditions of the site where the booking is finalised will govern and prevail.
6.14 The Website contains Listings (defined above). All bookings you make for Listings are made directly with the Host and your Rental Agreement will be with the Host. Any such contract will govern your right to occupy and use the Property, and may contain obligations to pay additional fees and taxes. RightKeyBnB has no liability to you for the Host’s provision of the Property in the Listing. We do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information in the Listings or any opinions/content posted by third parties.
6.15 You acknowledge that each Host, and not RightKeyBnB, is responsible for the accuracy with which the photos and descriptions in each Listing depict the relevant Property.
6.16 You acknowledge and agree that RightKeyBnB is not responsible for checking the identity, or for the behaviour, of Hosts or for establishing the nature, condition or existence of a Property in a Listing.
7. Host Responsibilities
7.1 The obligations of the Host are not exclusively set out below and it is incumbent upon the Host to:
(a) To investigate and understand what obligations it may have whether under statute, regulation, council rules, strata by-laws, agreements with other service providers or Hosting Platforms or arising from the use of the Property; (b) To keep track of any communications between it and any Third-Party (such as the Guest or Hosting Platform), which may result in contractual obligations; and (c) To constantly review the entire Terms of Use and any Special conditions which may apply to it.
7.2 The Host agrees to:
(a) Be responsible for, and abide by, all laws, rules and regulations applicable to their use of the Website, their use of any Host Services and any transaction they enter into either on the Hosting Platform or in connection with their use of the Website; (b) Be responsible for and abide by all laws, rules and regulations applicable to the Listing of their Property on the Hosting Platform, including but not limited to any and all laws, rules, regulations or other requirements relating to taxes, data security, data and privacy, permits, planning or licence requirements, local authority or council requirements, and compliance with all lease or other property restrictions as applicable; (c) Submit up to date and accurate data about their personal information, payment details, communications and terms agreed with a Guest together with such other data relevant to the performance of the Services; (d) To keep the calendar for each Listing accurate and up to date; (e) Abide by the terms of any Special Conditions; (f) To use its best endeavours to abide by any State and/or Federal Holiday and Short-Term Rental Code of Conduct; (g) To include a breakdown of the price of the Property, taxes that may be applicable and amount, so that the Guest has access to such information clearly and simply; (h) Let the Property and its contents for use and occupation at his or her own risk and hereby releases RightKeyBnB, to the maximum extent permitted by law and us from any injury, liability, debt, loss, cost, delay, expense however arising in the connection with the letting, use and occupancy of the Property including by breach of contract, duty or statue; (i) To promptly respond to queries from us or the Guest in relation to the Property and to provide up to date instructions and or manuals on the operation of any amenities at the Property; (j) To ensure basic utilities and services (such as water, waste, gas, electricity, communications and or internet (if offered)) are available to the Property at all times; (k) For the duration of the Host Services Agreement, and until the departure of any Guest from the Property (whichever is the later date), the Host must effect and maintain, at its own cost and expense and at no cost to RightKeyBnB, with a reputable insurer suitable short term holiday rental comprehensive cover for: a. Product liability and public liability insurance in relation to legal liability for loss of, loss of use of, damage to or destruction of real or personal property, death or bodily injury, and disease and sickness. b. Contents (including game consoles, linen and crockery) of the Property, for damage caused by Guests, whether that damage is accidental or malicious; c. Legal expenses incurred in minimising a loss, legal liability and professional fees incurred; and d. Insuring the Property against a range of defined events such as fire, storm damage, water damage, glass breakage and a range of other insurable occurrences. (l) We may request that you provide evidence of your insurance under this clause. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the purpose of short-term holiday rentals. If we do not ask you to provide evidence of insurance, this does not indicate that we believe you do not require insurance. You acknowledge and agree that it is your responsibility to make your own investigations and receive professional advice on the insurance you require.
7.3 The Host warrants:
(a) that all information provided to RightKeyBnB and representations about the condition and suitability of the Property and any amenities offered, the location, the price and availability is up to date, accurate and not misleading; (b) it will not wrongfully deny any Guest access to any Property; (c) (c) it owns and/or has the requisite rights, authority and capacity to offer the Property for let; (d) it will provide any and all refunds when due in accordance with the applicable cancellation policy or underlying Rental Agreement; and (e) it will not substitute a Property in a Listing for another Property without the prior consent of RightKeyBnB (such as by offering a Guest who enquires through the Website a different property than the one which is displayed in the relevant Listing).
7.4 The Host acknowledges that even though we are not a party to any Rental Agreement, and assume no liability for legal or regulatory compliance pertaining to renting any Property listed on the Website, there may be circumstances where we are nevertheless obligated or required (as we may determine in our sole discretion) to provide information relating to any listing of Properties in order to comply with governmental or regulatory bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
7.5 The Host must comply with any guidelines or directions provided by RightKeyBnB to the Host from time to time, which outline requirements for Listings.
7.6 Where there is an issue or complaint relating to a Listing (including, without limitation, in relation to any damage or maintenance of the Property), the Host must use all commercially reasonable efforts to respond to all questions and/or requests for assistance from RightKeyBnB within 24 hours of receipt of a question or request under this clause.
7.7 Host Responsibilities in this clause 7 are essential terms of these Terms of Use. If the Host commits, causes of otherwise permits a breach of these terms, we are authorised to immediately terminate the Host Services Agreement.
7.8 The Host is solely and exclusively responsible for the consequences of non-compliance with any law applicable with letting of the Property including the content of the advertisement as provided by them. We hereby disclaim any liability for the verification of compliance with any laws applicable in advertisements published by a Host.
8. User Responsibilities
8.1 Each User represents and warrants that:
(a) It will comply with all applicable federal, territory and state laws and regulations in the performance of its obligations under these Terms of Use; (b) It is solely responsible for its Data and the Data of its invited Users, including without limitation, the security of such Data; (c) It has all necessary rights and licenses, consents, permissions, waivers and releases to use the Data and submit it via the Software, including in respect of use and management of Data in accordance with these Terms of Use; and (d) if you are an individual, that you are at least eighteen (18) years of age and have the legal capacity or permission of a legal guardian to use the Software.
8.2 User verification on the Internet is difficult and we cannot and do not assume any responsibility for verification of each user's purported identity. We further encourage Guests to take other reasonable measures to assure yourself of a Host's identity and of the Property in the Listing and relevant details of your booking or proposed booking.
9. Host Taxes
9.1 As a Host, you are solely responsible for determining your obligations to report, collect, remit or include in your Listing any applicable GST or any other equivalent indirect taxes, sales, occupancy and tourist taxes, gross receipts, real property or other visitor taxes or income taxes ("Taxes"). RightKeyBnB does not provide any tax advice, Host should consult their own tax specialist.
9.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, withhold such amounts as required by law, or to do both, until such information is provided. You, the Host, are solely responsible for keeping the information in your tax forms current, complete and accurate.
9.3 You, as a Host, understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Listing is located may require certain taxes to be collected from Guests or Hosts related to such Listing, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a set amount per day, amount based on number of guests, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Stay Taxes").
9.4 You, as a Host, expressly agree to release, defend, indemnify, and hold RightKeyBnB, and our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Stay Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Stay Taxes in any amount or at all as to your transactions.
10. GST
10.1 Expressions used in this clause have the same meaning as when used in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
10.2 If a Party makes a taxable supply under any agreement subject to these Terms of Use, except where the agreement states otherwise, the payment made by a Party for the taxable supply is expressed as a GST inclusive amount.
10.3 The Party liable to pay for a taxable supply to which these Terms of Use apply, must also pay the amount of any GST payable in respect of the taxable supply on the date on which payment for the taxable supply is due.
10.4 A Party is not obliged under these Terms of Use to pay the GST on a taxable supply to it, until given a valid tax invoice for the supply.
11. Intellectual Property
11.1 The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, Data, and other content made available through the Services (collectively, the “RightKeyBnB Content”) are provided by RightKeyBnB or its partners or licensors solely to support your permitted use of the Services.
11.2 The RightKeyBnB Content may be modified from time to time by RightKeyBnB in its sole discretion.
11.3 Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the Services or RightKeyBnB Content by you shall constitute a material breach of these Terms of Use. RightKeyBnB and its partners or licensors retain all rights in the Services and RightKeyBnB Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of RightKeyBnB or any Third-Party is granted under the Terms of Use.
11.4 As a User, you may post, upload, publish, submit or transmit Data, text, graphics, images, information or other materials to be made available through the Website, the Software and Services (“User Content”, together with RightKeyBnB Content, the “Content”).
11.5 By making available any User Content, you hereby grant to RightKeyBnB a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Services. RightKeyBnB does not claim any ownership rights in any such User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any such User Content.
11.6 You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website, the Software or as part of your engagement with us or any Hosting Platform. Accordingly, you represent and warrant that:
(a) you either are the sole and exclusive owner of all User Content that you make available or you have all rights, licenses, consents and releases that are necessary to grant to RightKeyBnB the rights in such User Content, as contemplated under these Terms of Use; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or any other person's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a Third-Party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
11.7 We do not screen User Content (including content relating to Properties or other information posted by Hosts or Guests) or information on the Website and we cannot give any assurance as to its accuracy or completeness. You are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other person’s intellectual property rights (e.g. copyright). Any such content is contrary to our policy. We do not accept liability in respect of such content. The relevant User responsible for posting the User Content will be personally liable for any damages or other liability arising from such content and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
12. Disclaimers, Limitation of Liability and Indemnity.
12.1 Disclaimer.
(a) The Services are provided “as is” and “as available.” (b) To the maximum extent permitted by law: a. RightKeyBnB disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any Products requested through the use of the Services, or that the services will be uninterrupted or error-free; c. RightKeyBnB does not warrant that the Software or Services (or any part of them) will be error free, or that the use of the Software will be uninterrupted, or meet the requirements of the User d. RightKeyBnB will not be liable for any damages arising out of or related to interruption of, or defects in use or transmission of, the Software, including without limitation interruptions or defects due to inability to access the Internet or any part thereof, equipment modifications, upgrades, relocations, or repairs. No reduction of payments will be made in the case of temporary interruption of or defects in use or transmission of the Software. e. RightKeyBnB does not guarantee the quality, suitability, safety or ability of any Properties or Third-Party Vendors. You agree that the entire risk arising out of your use of the Software, Services, and any Products requested in connection therewith, remains solely with you.
12.2 Limitation of liability. Despite anything to the contrary, and to the maximum extent permitted by law: (a) RightKeyBnB shall not be liable in contract (including under any indemnity), tort (including in negligence or for breach of statutory duty) or otherwise, for: a. any loss of profit, loss of revenue, loss of business, loss of contracts or loss of anticipated savings, loss of property, alternative accommodation costs, costs of delay, lost Data, or any indirect, incidental, special, exemplary, punitive or consequential damages related to or otherwise resulting from any use of the Website and or the provision of Property or Services, even if we have been advised of the possibility of such damages; b. any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between the Guest and the Host or the Guest and the any Third-Party Vendor, even if we have been advised of the possibility of such damages; c. any delay or failure in performance resulting from causes beyond our reasonable control. (b) Without prejudice to further limitations contained in clause 12.2(c) and (d), in no event shall RightKeyBnB’s total liability to you in connection with the Services for all damages, losses and causes of action exceed the lesser of (1) the value of the Product sold and or Services provided by us to you or (2) five hundred dollars (AU$500). In the event of any death or personal injury that is caused by our negligence, our liability is limited to the value of the relevant insurance coverage we hold at the time of the loss causing event. (c) The limitations and disclaimer in this clause 12 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. To the extent you have a statutory right under Australian Consumer Laws which cannot be excluded by these Terms of Use and for any minor problems with the Property or a Service provided by us which falls short of the contracted obligations to you, we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction. (d) Subject to your statutory rights, to the extent you have a major problem: a. With the Property (which amounts to breach of the Rental Agreement), the Guests sole recourse is to approach the Host for resolution. RightKeyBnB’s only obligation to the Guest is to relay communications between the Guest and Host and provide limited mediation services to expedite a resolution. b. With the Services provided directly by RightKeyBnB (which amounts to breach of the relevant Services Agreement), we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction but in all cases your sole remedy will be to receive compensation for the drop in value in the Services received below the price paid, or a refund. c. With a Product sold by us, we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction but in all cases your sole remedy will be either (at our discretion) have the Product repaired, replaced or to receive a full refund. d. With the products provided by a Third-Party Vendor your sole recourse is to approach the Third-Party Vendor for resolution. e. The Software, your sole recourse is to stop using the Software. f. To the extent a Host has a major problem with the Host Services provided by RightKeyBnB (which amounts to breach of the Host Services Agreement), we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction but in all cases your sole remedy will be to receive compensation for the drop in value in the Services received below the price paid, or a refund.
12.3 Indemnity: You agree to indemnify and hold RightKeyBnB and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including Solicitors’ fees) arising out of or in connection with: (a) Any claims made by any other person or entity in relation to the use and occupancy of the Property to the extent arising from a breach of these Terms of Use, any breach of statutory duty or negligence on the part of the Guest or the Host; (b) Use of the Property offered by the Host; (c) Your access to or use of the Website, Software, Services; (d) Your breach or violation of any of these Terms of Use; (e) Our use of your Content or Data; and (f) Your violation of the rights of any Third-Party, including Third-Party Vendors.
12.4 This clause will survive the termination or expiry of these Terms of Use.
13. Australian Consumer Law
13.1 Certain legislation, including the Australian Consumer Law (“ACL”) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Website and/or Products by us to you which cannot be excluded, restricted or modified (“Statutory Rights”).
13.2 If the ACL applies to you as a consumer, nothing in these Terms of Use excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for the Hosting Platform or any Products provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
13.3 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Hosting Platform and the Products sold by us) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
13.4 As a Guest, the goods and services provided by a Host or a Third-Party Vendor may also confer on your certain rights under the ACL.
13.5 This clause will survive the termination or expiry of these Terms of Use.
14. Termination
14.1 If RightKeyBnB determines, or suspects that: (a) an Owner is in material or repeated breach of these Terms of Use, or any other obligations owed to RightKeyBnB; (b) an Owner has been abusive or offensive to any Guest or employee or representative of RightKeyBnB; (c) an Owner uses a false identity; (d) RightKeyBnB’s Hosting Platform, systems or communications platforms have been misused; (e) an Owner’s Listing or rental practices are unacceptable or unfair (for example, and without limitation, by not accepting bookings when the Property is available to book or by cancelling bookings that the Owner has previously accepted or engages in any practice that would be considered unfair or improper within the short term property rental industry); then, without limiting any of its other rights, RightKeyBnB shall be entitled to, at its sole discretion: (i) amend; (ii) suspend; or (ii) terminate either: (a) any affected Listings, or (b) all Listings associated with that Host immediately and without refund of any other fees or charges paid by the Host.
14.2 In addition to reserving the right to amend, suspend or terminate any Listing, RightKeyBnB reserves all rights to respond to any breach of the Terms of Use or misuse of the Website by, including, but not limited to, limiting the Host’s use of the Website, hiding or otherwise impacting the ranking of a Listing in search results, and removing or changing information that may be false, misleading, or otherwise not compliant with these Terms of Use or any applicable law or regulation.
14.3 Upon expiry or termination of these Terms of Use: (a) we will remove your access to the Website; (b) we will immediately cease providing the Host Services and/or the Guest Services (as relevant); (c) any payments made by you to us are not refundable to you; (d) where you are a Guest, we will cancel any existing bookings relating to Listings or Guest Services and you will lose any amounts paid. Where you are a Host, we will cancel any existing bookings relating to Listings or Host Services, and refund the relevant Guest (if applicable); and (e) where we terminate the Terms of Use due to your breach, you also agree to pay us our additional costs arising from, or in connection with, such termination.
14.4 Termination of the Terms of Use will not affect any rights or liabilities that a Party has accrued under it.
14.5. This clause will survive the termination or expiry of these Terms of Use.
15. Disputes
15.1 In relation to a dispute, controversy or claim arising from, or in connection with, these Terms of Use (including any question regarding its existence, validity or termination) (“Dispute”) between a Host and us, or a Guest and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties.
15.2 Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
16. Miscellaneous
16.1 These Terms of Use are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
16.2 We may give notice by means of a general notice on the Website, electronic mail to your email address in your account, or by written communication sent to your address provided to us as part of your Rental Agreement or Guest Services Agreement. You may give notice to us by written communication to support@RightKeyBnB.com.au.
16.3 You may not assign or transfer these Terms of Use in whole or in part without our prior written approval. You give your approval to us to assign or transfer these Terms of Use in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of equity in RightKeyBnB, business or assets; or (iii) a successor by merger.
16.4 No joint venture, partnership, employment or agency relationship exists between you, us, the Host or any Third-Party Vendor as a result of any agreement arising out of or related to the use of the Services.
16.5 If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these terms but the legality, validity and enforceability of the other provisions in these Terms of Use shall not be affected. In that event, the Parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms of Use.
16.6 We will not be liable for any delay or failure to perform our obligations under these Terms of Use if such delay is due to any circumstance beyond our reasonable control, whether known or unknown at the time of entering into these Terms of Use.
16.7 These Terms of Use constitute the entire agreement and understanding of the Parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
xxxxx Pty. Ltd. Traded as RightKeyBnB – Terms & Conditions
LAST MODIFIED: 20 August 2024