TERMS AND CONDITIONS
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010.
“Content” means any and all material, links, words, newsletters, articles and images on our website.
“Furniture and Homewares” means any furniture, homewares, greenery, art or other materials that need to be purchased to complete the home styling.
“Member/ you” means a member or user of this website.
“Property” means the short-term rental property where the Services are to be performed.
“Services” means the property management services of key management, housekeeping, property inspections, maintenance, home styling and photography.
“the website” means www.fivestarhost.com.au
“We/ our/ us” means Fivestarhost Pty Ltd and includes our directors, employees and contractors.
We provide property management services to assist you to self-manage your short- term rental property. These services include key management, housekeeping, property inspections, maintenance, home styling and photography. We co-host or co-manage your Property on your behalf by managing your selected services.
Our services do not include listing and advertising of properties, attending to booking enquiries, bookings, guest management and communication, guest payments and security deposits, trust account management, owner statements and administration or any concierge services. We are not a full property management service. Our services are provided to assist you to self-manage the Property, and you are at all times the main point of contact for your guests. For example, you are responsible for explaining to guests how to use the laundry, dishwasher, remotes, fire extinguisher, parking and garbage etc. You are also responsible for answering any guest enquiries about the Property or amenities during their stay or dealing with complaints. You are also responsible for organising any emergency services, including emergency repair services at the Property.
If you require these additional services, you will need a full service property management agency.
You must register as a Member and sign up to our website to receive our information and purchase our Services. You need to first fill in your registration details in the online form to gain access. Once registered you can purchase or subscribe to any of our Services through our website.
The Services are performed by our staff and contractors. You will be assigned a co-host with whom you can direct all your enquiries. Key management enquiries can also be directed to the property assistant, and housekeeping enquiries can also be directed to the housekeeping manager.
Key Management Our key management subscription service includes managing a key exchange for the guest to check-in and check-out. We will provide a location for the guest to collect and drop off the keys and where applicable install a lockbox for the guest key. We will also manage additional sets of keys for our contractors. You must provide us with access to your Airbnb or short stay rental calendar so that we can access your bookings for the Property. Check-in is between 2 and 5pm and check-out is 8-10 am unless the guest specifically requests other hours that we may accommodate.
Housekeeping includes a cleaning service with add-ons of attending to laundry and restocking supplies. You must provide us with access to your Airbnb or short stay rental calendar so that we can access your bookings for the Property. You must also enter into our housekeeping contract which we will provide to you. This will include details such as beds to be made, towels, toilet roles, welcome packs, extra cleaning during a stay etc. We usually attend to housekeeping between 10am and 2pm.
Property inspections include noting the condition of the Property, and any emergency maintenance that is required. You must provide us with an up-to date inventory and an inspection check-list. Property inspections include a report and a rental assessment. Property inspections can be ordered by you at any time.
Maintenance includes organising for local tradesmen to undertake repairs. The repairs are conducted within business hours, and are not undertaken for emergency repairs.
Photography includes us arranging a professional photographer to take photographs of the Property for your use in any advertising. The copyright in all images, videos, photographs and all other materials (“materials”) which are taken of the Property for the purposes of providing the Services becomes yours, subject to you granting us and the photographer a non-exclusive, worldwide, royalty free licence to use the materials for our own promotional use.
Home styling includes an interior designer styling and staging your home for your advertising purposes. You may use your existing furniture and homewares or elect to set a maximum budget for the interior designer to purchase Furniture and Homewares.
PAYMENTS AND QUOTATIONS
If you select our key management service, you must pay the monthly subscription fee via Stripe in advance. The monthly fee is automatically renewed at the beginning of each month unless you or we cancel the subscription in accordance with the below Cancellation and Refund terms.
If you select our photography or property inspection service, you must prepay for the service online via Stripe or Paypal. We charge a one-off fee for each photography session or property inspection.
If you select our housekeeping service we charge you by the hour. Our fees differ depending on whether you require a standard clean, full spring cleaning, laundry and or restocking. We will require you to enter into our formal housekeeping contract before we commence the housekeeping services. We will then invoice you and you must pay the invoice online via credit card, debit card or via direct bank deposit.
If you select our home styling service we will send you a quotation. The quotation is valid for the period as indicated in the quotation, and if no period, it is valid for a period of 30 days. Please note that you must also pay for all Furniture and Homewares in addition to the home styling service. If the quotation is acceptable, we will arrange for the home-styling services to be performed. We will invoice you and you must pay the invoice online via credit card, debit card or via direct bank deposit. You may also pre-authorise us to spend up to an amount towards Furniture and Homewares without further authorisation.
If you select our property maintenance service we will send you 3 quotations for the particular trade. The quotations are valid for the period as indicated in the quotation, and if no period, they are valid for a period of 30 days. You may then select your preferred quote and once confirmed, we will arrange for the maintenance services to be performed. In addition to the total final price of the maintenance service, we charge you a fee of 20% of the total final price to cover our management service. We will invoice you and you must pay the invoice online via credit card, debit card or via direct bank deposit. You may also pre-authorise us to spend up to an amount towards maintenance and repairs without further authorisation.
The prices for all our services are advertised on our website. You may select any one, several, or all of the services we offer.
Any late payment of our invoices will be subject to interest, and in some circumstances you may also incur debt recovery fees.
CANCELLATION AND REFUNDS
You are solely responsible for cancelling your subscription for key management services. You must cancel in writing by notifying us at least 7 days prior to the following month. We do not offer refunds for partially used months.
You must also provide 7 days prior written notice to cancel any ongoing housekeeping services contracts.
You may cancel the home styling, property maintenance, photography or property inspection services at any time by notifying us.
All notifications must be by email and sent to: email@example.com
We will at all times comply with the Australian Consumer Law in relation to any refunds for our services. For information in relation to refunds, repairs or replacement for any products purchased, for example for any shampoos, soaps, or for furniture and homewares items, you will need to contact the retailer directly.
You warrant and agree that:
· You will not share your password or login details with any other person and you will keep your contact, payment, Property and other information updated;
· You have the right and title to advertise and rent the Property;
· You hold all relevant insurances for the Property which are current and up to date;
· You will comply with all safety regulations and provide any necessary safety equipment to ensure all regulatory requirements are met in relation to all aspects of the Property, including but not limited to, pool regulations and fire safety requirements;
· You or your authorised agent will manage all other services required at the Property that you do not engage us to perform;
· You will keep the Property to a good quality standard at all times and timely repair any broken or damaged items, fixtures and fittings;
· You will ensure a deep cleaning is done from time to time, and at least once per year including all carpets and floor coverings;
· You will keep all kitchenware and other regularly required items maintained and replaced on a regular basis; and
· You will ensure sheets, towels, bedding and other linens are maintained and replaced on a regular basis.
You permit us and our contractors access to the Property at all reasonable times to perform the Services.
If we disagree on the quality, substance or for any reason on the Services, you will immediately notify us of any such reason and all specifics, and will give us a reasonable opportunity for us to respond and address any concerns. If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation, and at no time will any communications or discussions be made public, including but not limited to on any social media websites. Any public discussion or comments about us that are considered defamatory, negative or otherwise damaging will be the subject of compensation in any mediation or litigation claim.
In the event of a dispute that cannot be resolved, the matter shall be resolved by mediation in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Mediation Rules. The mediation shall take place in Queensland and be administrated by an accredited mediator by the Queensland Law Society.
Each party shall pay their own costs in relation to any dispute.
WE MAY TERMINATE YOUR ACCOUNT AT ANY TIME: We have the right to terminate your account for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website and Services with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the website and Services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website and Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We are not required to provide any refund or part thereof to you for such termination of your account. Any refund may be determined in our sole discretion.
To be eligible to become a Member, you acknowledge and agree to the following:
· On our website, we are only providing you with facts, information, insights and ideas to assist you. You need to decide what may work best for your own Property rental business and needs. We do not have your personal information, finances, your individual business facts or situation in mind when we provide our Content. You should not rely on our Content for your particular requirements and should obtain relevant and specific professional advice when making any business or financial decision in relation to your Property or otherwise.
· We do not warrant, promise or guarantee that any of the information we provide will increase your traffic, revenue, profit or otherwise change your Property rental business in a positive manner. We are only providing information for your consideration from our own knowledge and experience.
· You are not to share, re-create, or otherwise reproduce the information on our website, in our newsletters or otherwise transmitted to you by us, without our express written permission. In particular, you are not to sell our work or materials in any manner, shape or medium. It is our copyrighted material and is for your information purposes only.
We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.
You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.
MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete, alter or amend any Content on the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms and Conditions.
LIABILITY AND INDEMNITY
We are not responsible for any loss or damage, including, but not limited to any direct, indirect, special or consequential loss that you may suffer as a result of any claims by any tenants, guests, event, activity, third party or other during the term of or as a direct or indirect result of the provision of these Services. We are at no time responsible for activities that may occur during any rental nor any deterioration in condition of the Property at any time. Our liability is limited solely to performing the Services you select to be performed under these Terms and Conditions.
You agree to take over and fully indemnify us for any and all actions, claims, proceedings or demands which may be brought against us in respect of any loss, death, injury, illness or damage (whether personal or property, including any indirect or consequential loss and any third party claims) which may arise as a direct or indirect result of the provision of the Services. For the sake of clarity, you will take over and manage any claims which may be taken or lodged against us from the Services, any advertisement, rental, guest or any third party.
You acknowledge and agree that you engage these Services at your own risk. To the fullest extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services, except those set out in these Terms, including but not limited to:
(a) implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in the Terms;
(b) the Services being unavailable; and
(c) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with their use of the Services, the inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
You further agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, the Content or any information contained on it or linked to it. This includes any reliance on the information on the website, access to or inability to use the website.
To the extent we are unable to exclude liability; the total liability for loss or damage you suffer or incur from the Services is limited to re-supplying the Services to you, or, at our option, refunding to you the amount you have paid for the Services to which your claim relates.
Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law. At no time are these statutory rights sought to be excluded.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of www.fivestarhost.com.au
All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms and Conditions grants you any right to use any trademark, service mark, logo, and/or our name or any of our advertisers.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
These Terms and Conditions are governed by the laws of Queensland which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the courts of Queensland for determining any dispute concerning these Terms and Conditions.