Terms and Conditions of Use for Operators

© Occupancy Pty Ltd 2003-2010

Definitions

Enquirer or visitor means any person or entity visiting, accessing or otherwise using the TakeABreak.com.au website.

We, us, our, TakeABreak.com.au, TakeABreak means Occupancy Pty Ltd who operate the TakeABreak websites and our officers and employees.

You, your, operator, accommodation operator or property means the owners, management or staff of accommodation listed on TakeABreak.com.au or associated websites.

TakeABreak fees

Occupancy Pty Ltd will provide each accommodation operator with a summary of booking enquiries received through the TakeABreak website for that particular operator on a regular basis, from which you must advise which bookings proceeded and which did not. This Confirmation of Stays is to be completed on a monthly basis, whether or not any bookings resulted from enquiries. It is from this system that an invoice detailing your advertising fees will be generated.

If a visitor who requests accommodation with you stays at your accommodation our fee applies. The only exception is where the visitor made a request for the same dates through another commissionable source prior to the request made through TakeABreak. In this case you may be required to provide evidence that you did receive such a prior request.

Except where otherwise specifically agreed,  Occupancy Pty Ltd's fee for successful bookings is 8.8% of the booking amount. Invoices are to be paid within 7 days. Overdue invoices will be subject to late payment fee of $15.

Once an invoice is generated by an operator, the operator has until the specified due date on the invoice to advise of any errors made during the Confirmation of Stays process and/or any proposed amendments to the invoice. All requests for such amendments should be directed in writing to support@takeabreak.com.au.  Occupancy Pty Ltd will amend invoices as appropriate, only at their discretion. For the avoidance of all doubt,  Occupancy Pty Ltd will consider all invoices final and unable to be amended either when they are paid in full, or when the invoice due date has passed, whichever is sooner.

If a property registers an enquiry resulting in a stay as "no stay" this is fraud and is taken seriously. A property suspected of such fraud will be removed permanently and this decision will only be reviewed if there is a documented change in management.

TakeABreak reserves the right to insist on an audit of guests against TakeABreak enquiries at any time.

Removal of listings

 Occupancy Pty Ltd reserves the right to refuse or remove any listing and to edit or remove any information on the TakeABreak website at any time.

You, the accommodation operator, may also remove your listing at any time with no penalty by e-mailing support at takeabreak.com.au (replace 'at' with '@'). If you remove your listing you must pay any invoices outstanding at the time of removal. You must also complete an confirmations of stays forms for your property for future months for which you received enquiries through TakeABreak and pay any resulting invoices.

 Occupancy Pty Ltd reserves the right to suspend any listing at any time without specifying a reason. Reasons for properties to be suspended include but are not limited to:

• Non-working or bouncing email address;
• Spam or other filter blocks email from  Occupancy Pty Ltd;
• Failure to respond in a timely fashion to accommodation enquiries;
• Failure to complete the monthly confirmation of stays form in a timely fashion;
• Failure to respond to enquiries in a professional fashion;
• Failure to operate accommodation in a professional manner; or
• Failure to pay invoices in a timely fashion.

Accuracy of information

All information you provide to TakeABreak visitors or enquirers must be reliable, complete, accurate and up to date. You must not mislead visitors by ommission. You must not create a false impression of the quality, fittings, features or any other aspect of your accommodation.

Pricing listed on TakeABreak must be as accurate and specific as possible, although we recognise that it may not cover all contingencies. Where the stated pricing is applicable to the visitor you must adhere to that pricing (or better) for customers booking through TakeABreak. Pricing quoted should include all applicable fees and specifically shall NOT include a separate fee for booking through TakeABreak.

Information you provide on your rates and pricing must be as accurate as possible. Where you provide a quote or price in response to an enquiry this figure must be accurate. The currency must either be Australian dollars or another currency clearly stated. Pricing must include all applicable taxes.

Change of ownership or change of management

You, the accommodation operator, must inform TakeABreak of any change in ownership or management as soon as it is known and a minimum of 14 days before the change-over. You must inform the new management of their obligations with regards to TakeABreak fees and catering for pre-booked guests. Bookings for dates after the change must be honoured by the new management. If the property is not to operate as accommodation you must arrange with the pre-booked guests alternative accommodation to the same standard and you bearing any additional costs which result.

Contact Details

Property operators shall not list direct contact information including phone numbers, e-mail addresses or websites other than in the fields provided for this. Where contact information is found in the free-form text descriptions it will be removed. If an operator consistently places contact information in free-form text fields then their property listing may be removed. Contact details for your property are provided to visitors to the TakeABreak website once they have made an enquiry for your property.

GST

Where GST is applicable, it must be included in any money amounts for fees, specials or other costs listed on the TakeABreak website or provided in response to enquiries through the TakeABreak website.

Property Verification

Prior to activation of your property listing on TakeABreak, we need to verify the identity of the person creating the listing. This usually requires you to provide a clear copy of your current driver's licence or passport. In addition Real Estate Agents will also be required to provide a copy of their real estate certification and license to practice.

Insurance and right to trade

You must have adequate public liability insurance cover and any other insurances required by federal, state or territory laws and regulations. It is your responsibility to meet any liabilities which could result from guests staying at your accommodation, from failure of a guest to stay or pay in full, or in any other way from the use of the TakeABreak website or a booking resulting from an enquiry through TakeABreak

You must be licensed to trade as short term furnished accommodation rental, and meet all applicable rules, regulations and legislation according to the jurisdiction where the property is located.

Where you are trading under a business name, that name must be registered with the appropriate state or federal authority.

Limitation of Liability

To the maximum extent permitted by law,  Occupancy Pty Ltd excludes completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the material and/or any use of the TakeABreak website or the provision of any services by it. Where any law implies a warranty into these terms of use, which may not lawfully be excluded, then to the maximum extent permitted by law,  Occupancy Pty Ltd's liability for breach of the warranty will at  Occupancy Pty Ltd's option be limited to the supply of the services again, or the payment of the cost of having them supplied again.

Privacy

 Occupancy Pty Ltd does require information on properties and the operating company or owner. Our Internet server may automatically record details about any computer used to access the TakeABreak website (such as the IP address, domain name and browser type), the date and time of access, and details of the information downloaded. This information is used for internal statistical purposes and to improve the TakeABreak website. Any other information supplied to us (for example if you send us an email) is treated in accordance with this Privacy Policy.

 Occupancy Pty Ltd treats the personal information of property operators as of a confidential nature. We take all reasonable steps to ensure that personal information is stored securely and accurately.

Accommodation operators can update or correct errors in their information by logging in to the online Operator Administration System or by contacting  Occupancy Pty Ltd.

Property contact information is provided to visitors who make an accommodation enquiry.

Operators of accommodation are expressly forbidden from using the contact information of visitors making accommodation enquiries for any purpose other than to contact them regarding the specific accommodation request made through TakeABreak. If you wish to use the visitor's contact information for any other purpose including but not limited to adding them to a mailing list you must obtain the visitor's explicit agreement.

Operators shall not refer enquirers to competing online accommodation services.

The personal information collected by the TakeABreak website may also be used to inform you of other services which may interest you. If you do not wish to receive correspondence from us of this nature, you may notify us at any time by emailing support at takeabreak.com.au (replace 'at' with '@').

Your personal information will not be provided to third parties for their marketing or promotional use.

Transactions

The original means of contact between you, the property operator, and visitors to the TakeABreak website, may have been provided by  Occupancy Pty Ltd, however, any transaction entered into between you and the TakeABreak website visitors is at your own discretion and is your own responsibility.

Booking enquiries are sent to you directly from visitors to the TakeABreak website. They may be confirmed or denied by you at your own discretion. It is a condition of listing your property on  the TakeABreak website that all accommodation enquiries must be responded to, if only to state the lack of availability of accommodation or to apologise for failure to respond in a timely fashion. All operators must also accept TakeABreak Gift Vouchers as payment for accommodation, these are to be submitted to TakeABreak for reimbursement. Terms and conditions relating to TakeABreak Gift Vouchers also form part of the terms and conditions of using the site.

It is the responsibility of the visitors to the TakeABreak.com.au website and the property operators to finalise and confirm bookings.  Occupancy Pty Ltd cannot be held liable for problems that may arise, including but not limited to, failure of a booking or 'no-show' by a website visitor.

Each party is responsible for conducting their own investigation regarding any and all claims made by prospective renters.  Occupancy Pty Ltd is in no way responsible for the conduct of visitors enquiring from the TakeABreak website, should a booking be made.  Occupancy Pty Ltd is not responsible in the event of non-payment, property damage or state of cleanliness.

If you, the accommodation operator, becomes unable for any reason to accommodate a guest whose booking has been confirmed in writing and/or deposit paid you must immediately communicate with the guest and arrange for alternative accommodation of equal or superior standard for the guest. Any additional direct cost is to be paid by the operator.

Copyright

You must not provide information to TakeABreak or to visitors which is copyright unless you hold the copyright or have permission from the copyright holder.

You agree for your copyright information to be displayed on TakeABreak and associated websites and to be provided to visitors for the purpose of advertising your accommodation. You agree that visitors may download, display and print your copyright information but shall not further copy or disseminate your information except as permitted by the Copyright Act 1968.

System Reliability

Uninterrupted and/or secure access to the TakeABreak website is not guaranteed by  Occupancy Pty Ltd at any time.  Occupancy Pty Ltd can not be held liable for any loss resulting from you relying on the TakeABreak website security, supply of information or access to the TakeABreak.com.au website.

Website Use

By listing your property on the TakeABreakwebsite, you accept the above terms and conditions and agree not to use the TakeABreak website for unlawful or prohibited activities, either as stipulated in these Terms and Conditions, or governed by other applicable laws and regulations.

Your continued use of the TakeABreak website indicates that you indemnify  Occupancy Pty Ltd from any damage, loss or costs in connection with any breach of these conditions, or any other legal obligation by you and your use of, or conduct on the TakeABreak.com.au website.

Questions

If you have any questions relating to these terms of use, please contact us at support at takeabreak.com.au (replace 'at' with '@').

TakeABreak, Take A Break Away and the Take A Break Logo are trademarks of  Occupancy Pty Ltd.