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Terms & Conditions

1.Introduction

  1. 1.1Avramides Property Services Pty Ltd (ACN 637 334 662) t/as Getawayz NSW (the Facilitator) is a facilitator of short-term rental accommodation within the meaning of the Code of Conduct for the Short-Term Rental Accommodation Industry (the Code), the Fair Trading Act 1987 (NSW) and of the Fair Trading Regulations 2019 (NSW).
  2. 1.2The Facilitator provides an on-line platform and related services (the Platform) which enable property Hosts (Hosts) to list their properties (the Property/Properties) on the platform and guests (Guests) to book stays at the Properties on the platform (together the Services).
  3. 1.3The booking of a stay at a Property by a Guest creates a short-term rental agreement (an STR Agreement) between a Host and a Guest. The Facilitator is not a party to the STR Agreement but may facilitate and manage an STR Agreement on behalf of a Host.
  4. 1.4These terms and conditions (the T&Cs) together with the Privacy Policy govern the relationship between the Facilitator and the Host and any other party which accesses or uses the Platform to search for, browse, enquire about or book a short-term rental at a Property (or at Properties) listed or offered on the Platform.
  5. 1.5These T&Cs constitute a legally binding agreement between the Facilitator and the Host (the Agreement). By using or accessing the Platform and/or the systems and services associated with the Platform, the Guest acknowledges that the Guest agrees to and are subject to the T&Cs.
  6. 1.6It is the responsibility of the Guest to read and to understand these T&Cs and the Code and to satisfy themselves as to the manner in which the T&Cs and the Code apply to them and the requirements that they impose on them as Guests.
  7. 1.7The Code, in particular, imposes important obligations on the use by Guests of the Property and on the need to be considerate to those who live in the neighbourhood of the Property. A copy of the Code is available here: Code of Conduct for the Short-term Rental Accommodation Industry (PDF)
  8. 1.8Guests acknowledge and agree to:
    1. treat the Property with the same care they would use with their own residence and to leave it in the same condition it was in when the Guest arrived; and
    2. conduct themselves throughout their stay at the Property in a manner that is not disruptive to neighbours and will not cause complaints to be made to the Host or to the Facilitator by the police, local council, neighbours or others in the community in which the Property is located.

  9. 1.9A failure to comply with the T&Cs, including the Code, may result in termination of a Guest’s licence to occupy the Property. It may also result in the Guest being registered on an exclusion register maintained by the Commissioner for NSW Fair Trading.

2.Guest Specific Terms

  1. 2.1When a Guest books a stay at a Property on the Platform, the Guest enters into a STR Agreement with the Host. The STR Agreement is a limited license that allows the Guest to enter, occupy and use the Property that is the subject of the STR Agreement.
  2. 2.2The STR Agreement is not a residential tenancy agreement within the meaning of the Residential Tenancies Act 2010 (NSW). The Host (and/or the Facilitator when authorised by the Host to do so) retains the right to enter the Property, including without notice, during the Guest’s stay at the Property where:
    1. it is reasonably necessary to do so;
    2. the STR Agreement allows entry; and
    3. it is permitted by law.

  3. 2.3If a Guest continues to occupy the Property past the checkout time, the Host (and/or the Facilitator when authorised to do so by the Host) has the right to use all lawful means to remove and/or to exclude the Guest from the Property. Where a Guest continues to occupy a Property beyond the term of the stay set out in the STR Agreement, the Guest accepts and acknowledges that the Guest will be liable for additional charges and penalties caused by the Guest’s overstay at the Property which will be charged in accordance with the rates set out in Schedule 1.
  4. 2.4The STR Agreement is an agreement formed between the Guest and the Host and consists of:
    1. these T&Cs;
    2. the Code;
    3. the Cancellation Policy; and
    4. any other terms, conditions, policies or requirements set out in any booking confirmation.

  5. 2.5By booking a stay at the Property, the Guest agrees to be bound by the terms of the STR Agreement.
  6. 2.6The Guest agrees:
    1. that no more than the agreed number of persons will stay at the Property unless otherwise agreed in advance with the Host and/or with the Facilitator;
    2. upon booking the Property, to pay all charges, deposits and bonds (where a bond is required). These amounts are set out in the booking receipt issued to the Guest upon booking the Property;
    3. to pay all charges for any ancillary services that the Guest requests in connection with the booking or during the course of the Guest’s stay;

  7. 2.7A Guest booking will not be confirmed until full payment is received. A booking may be cancelled where any amount due is not paid by the due date set out in the booking receipt.
  8. 2.8If a Guest cancels a booking, the amount refunded to the Guest is determined by the cancellation policy displayed on the listing page on the Platform. “Significant changes” in a booking may attract additional charges associated with the change. For the purpose of this clause, significant changes include but are not limited to:
    1. reducing Guest numbers;
    2. cancelling the following ancillary services:
      1. airport pick-up/drop-off on less than 7 days’ notice;
      2. cancelling any daily housekeeping on less than 7 days notice;
      3. cancelling any early check-in and/or late checkout on less than 60 days notice.

  9. 2.9AIn cases of bookings made directly via a third-party platform, like Airbnb, the cancellation policies of those platforms will take precedence over the policy displayed on the Platform and will determine the amount that is refunded to a Guest and the terms on which it is refunded.
  10. 2.9BBooking changes are subject to the terms and conditions relating to booking changes set out on the Platform. Booking changes are, at all times, subject to availability and may incur additional costs and surcharges. The Host and the Facilitator reserve the right to issue a refund strictly in accordance with the cancellation policy applicable to the Property that is the subject of the changed booking.

3.General Terms

  1. 3.1This Platform is a venue which allows a Host to list one or more properties available for short-term rental (each a Property and together the Properties) with different pricing formats to potential Guests.
  2. 3.2The Platform acts only as a site for Hosts and Guests to interact with each other for the purpose of negotiating and entering into a STR Agreement. The Facilitator is not and does not become a party to any STR Agreement between a Host or a Guest or any other contractual relationship between a Host and a Guest in respect of any booking, Property or payment.
  3. 3.3Guests acknowledge and agree that:
    1. the Guest will be responsible for performing the obligations of any STR Agreement or other contractual arrangement that they enter into except where the Host authorises the Facilitator to perform such obligations on the Host’s behalf; and
    2. the Facilitator disclaims all liability arising from or related to any such agreements and that the Platform only facilitates a booking for a stay at a Property and/or for the use of other Services.

  4. 3.3The Guest agrees that they will abide by all laws, rules and regulations applicable to their use of the Platform, their use of any Services and any transaction that they enter into either on the Platform or in connection with their use of the Platform.
  5. 3.4The Guest acknowledges that, even though the Facilitator is not a party to any STR Agreement and assumes no liability for legal or regulatory compliance pertaining to any Property listed on the Platform, there may be circumstances where the Facilitator is required to provide information relating to any booking or listing on the Platform in order to comply with governmental or regulatory bodies in relation to investigations, litigation or administrative proceedings.

4.Payment

  1. 4.1Bookings of a Property via the Platform are subject to the following payment conditions:
    1. deposit is due at the time of the booking;
    2. balance of all outstanding monies is due 30 days prior to a Guest’s arrival;
    3. balance will be automatically charged on the balance due date on the credit card held on file at time of booking;
    4. credit card service fees may apply;
    5. after funds have been processed, a booking receipt of payment will be sent to the Guest via email; and
    6. service fees are non-refundable.

  2. 4.2These payment terms apply to bookings made via a third-party platform, like Airbnb, unless the payment terms of the third-party platform expressly provide otherwise. In that case, the payment terms of the third-party platform will prevail.

5.Guest to Take Reasonable Care of Property

  1. 5.1The Guest agrees that the Guest and anyone admitted onto the Property by the Guest will take reasonable care of the Property, its contents and fixtures and fittings and that the Guest will leave them in the same condition as they were at the commencement of this Agreement.
  2. 5.2The Guest is responsible for any damage to the Property and/or to any of the Property’s contents, fixtures and fittings howsoever caused during the term of the Agreement.
  3. 5.3The Host reserves the right to deduct from the bond and to charge any excess to a Guest’s credit card any loss or damage caused to the Property and/or to its contents, fixtures and fittings where such damage or loss has been caused by the Guest. This will be done using the credit or debit card provided on this document.

6.Rights and Obligations of Facilitator

  1. 6.1The Facilitator may change, suspend or discontinue any aspect of the Platform at any time, including the layout and the availability of any Services or content on the Platform.
  2. 6.2The Facilitator may occasionally undertake upgrades of the Platform in order to address technological developments. Maintenance works are therefore sometimes necessary which can lead to restrictions on the Platform. The Facilitator will, where possible, perform such maintenance at a time when most users’ usage is least affected.
  3. 6.3The Facilitator may conduct identity checks and ask for proof to establish the identity of a Guest at the time of the booking or before arrival at the Property except where the booking has been made through a third-party platform, like Airbnb, in which case the terms of the third-party platform will govern when and how a Host may confirm a Guest’s identity in connection with a booking.
  4. 6.4Guests acknowledge that the Host and the Facilitator have a legal obligation to collect certain information and documents from them and Guests will provide the Host and the Facilitator with complete, accurate and up-to-date information where this is necessary for the parties to meet their shared compliance obligations under the agreement constituted by these T&Cs.

7.Intellectual Property

  1. 7.1The Platform is owned by the Facilitator. All content that appears on the Platform is protected by copyright and other applicable intellectual property rights.
  2. 7.2To the maximum extent permitted by law, reproduction of the Platform, in whole or in part, including the copying of text, graphics or designs is prohibited.

8.Own Risk

  1. 8.1The Guest agrees and acknowledges that the Guest and anyone staying with a Guest or who the Guest admits onto the Property uses the Property, contents, fixtures and fittings of the Property at their own risk.

9.Limited Liability & Release

  1. 9.1To the maximum extent permitted by law, in no case will the Host and/or the Facilitator or their affiliates, officers, directors, employees or agents be liable for any indirect, incidental, consequential, special or exemplary damages or for any damages for death, personal or bodily injury, emotional distress, disappointment or damage to any property of a Guest arising out of or in connection with a Guest’s stay at the Property.
  2. 9.2The Guest expressly releases the Host and the Facilitator from all claims for damages, including negligence, breach of contract and/or breach of statutory duty (except where such law or statute provides otherwise) for any loss or damage sustained by a Guest or by any party of a Guest before, during or after a booking at the Property.

10.Force Majeure

  1. 10.1While the Host and the Facilitator are committed to doing everything they can to ensure that a Guest’s stay at the Property is hassle-free and relaxing, the Guest acknowledges that the Host and Facilitator are not liable for any failure or disruption at a Property where such failure or disruption is caused by circumstances beyond their control.
  2. 10.2Such circumstances that a Guest recognises are beyond the control of the Host and the Facilitator include but are not limited to:
    1. acts of God, lightning, flood, drought, earthquake, storm or other natural disasters or extreme weather events;
    2. epidemic or pandemic outbreaks (whether declared or not);
    3. governmental orders, restrictions or lockdowns;
    4. industrial disputes not involving staff employed by the Host or the Facilitator;
    5. terrorist attacks, civil commotion or riots;
    6. fires, explosions or accidental damage;
    7. building collapses, structural damage or failure of essential infrastructure;
    8. interruption or failure of utility services, including electricity, gas, water and/or telecommunications;
    9. the unavailability of key contractors, suppliers or service providers due to any of the above events;
    10. the unavailability at short notice of replacement household goods.

11.Disputes

  1. 11.1The Host and/or the Facilitator is committed to customer satisfaction.
  2. 11.2If a Guest has a problem or dispute before, during or after a booking, Guests agree first to give the Host and/or the Facilitator an opportunity to resolve any dispute or claim relating in any way to a booking, the Platform, these T&Cs, any services or products provided to a Guest and/or any representations made by the Host or by the Facilitator (the Claims) by contacting the Host and/or the Facilitator.
  3. 11.3If either of the Host or the Facilitator are unable to resolve a Guest’s Claims within 60 days, the Guest is free to seek legal redress through the usual processes.
  4. 11.4The T&Cs constituting this Agreement are governed by the laws of New South Wales. Guests agree to submit any matter arising out of, or in any way related to, the T&Cs constituting this Agreement to the exclusive jurisdiction of the tribunals and courts of New South Wales.

12.General

  1. 12.1If any provision of the T&Cs is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the T&Cs which shall remain in full force and effect.
  2. 12.2The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these T&Cs.
  3. 12.3No waiver of any term of these T&Cs is to be deemed a further or continuing waiver of such or other term. In addition, the Facilitator’s failure to enforce any term of these T&Cs is not to be deemed a waiver of such term or otherwise affect the Facilitator’s ability to enforce such term at any point in the future.
  4. 12.4Subject to Clause 12.5, these T&Cs and the Privacy Policy constitute the entire agreement between the Guest and the Host with respect to the use of the Platform. These T&Cs and the Privacy Policy replace all prior negotiations, discussions, understandings, representations, warranties or agreements, written or oral, between the parties.
  5. 12.5Where the terms of a third-party platform are inconsistent with any term of these T&Cs, or with the Privacy Policy, the terms of the third-party platform will prevail to the extent of the inconsistency.
  6. 12.6No changes to these T&Cs shall be made except by a revised posting on this page which must be notified in accordance with clause 1.6.