Definitions

Following definitions apply to these terms and conditions:  
 

► "Conditions" means these terms and conditions, together with the OZEHOLS Privacy Policy and any additional terms, conditions, notices and disclaimers displayed here. 

► "OZEHOLS sites and Network" means all of the websites that we own and/or operate from time to time, designed constructed and maintained by Ozehols Pty Ltd which offers the facility to locate and enquire on holiday accommodation with the intention of booking the holiday accommodation regardless of how those websites are accessed by users (whether via the Internet, mobile phone or any other device). 

► "Material" means text, illustrations, photos, audio, video, any combination of these or other material.

► "Us", "we" or "our" means Ozehols Pty Ltd (ABN 43 150 106 264) and/or its related companies and websites owned by Ozehols Pty Ltd and/ or its related companie

► Accommodation includes rooms in hotels, motels, apartments, B&B’s, farm stay, holiday homes, cottages, resorts, retreats or any other accommodation listed in www.ozehols.com.au and www.ozehols.com 

► Accommodation Data means data pertaining to the displayed accommodation, including supplier details, rental rates, cancellation policies and data the owners propose to offer to the public through this site. 

► Advertised Price or rent is the displayed accommodation rate including taxes. 

► Booking means a booking of holiday accommodation for a relevant period made by a customer/guest on our Site at the rate negotiated between the owner/ agent and the guest. 

► Guest or Customer means a person who books holiday accommodation through the Site. 

► Nett Price, Rent or Tariff means the final price for the holiday accommodation negotiated between the property owner and the guest inclusive of GST if applicable. The final price for the holiday accommodation will be the price quoted by the owner in response to the enquiry from the guest or the final negotiated rent between the guest and the owner.

► Supplier means any owner or agent of the owner who has listed an accommodation on OZEHOLS website or a provider of any other service advertised on OZEHOLS web site. 
 
 

Section 25 (e) specifically applies to properties which opt-in via the TXA - [ 25(e) Those properties which opt-in via the TXA online booking engine shall ensure that the calendar and the pricing is up to date at all times. where the booking is done through the online booking engine, Ozehols will charge you a commission of 7.5% of the rent. In this instance the collection of the funds and payment to the property owner/manager will be carried out by TXA. Ozehols will upload the information on properties which opt via the TXA opt in procedure. No annual listing fee will be charged on these properties for listing in Ozehols website.]


1. General

a) These terms and conditions govern your use of and access to the OZEHOLS.COM.AU and OZEHOLS.COM websites and any associated websites and pages administered by OZEHOLS Pty Ltd. ABN 43 150 106 264. The holiday accommodation information listed on this site has been provided by the owner/s or by the agents/managers of the holiday accommodation.

b) Whilst OZEHOLS has made every effort to verify the information provided, it is the responsibility of the accommodation seeker (guests) to obtain the required information from the owner or agent of the listed accommodation when making a booking.

c) The rental transaction is entirely between the accommodation owner and the guest. Therefore, OZEHOLS accepts no responsibility for the rental transaction whatsoever.
 

d) It is the responsibility of the accommodation owner or agent to take all necessary steps to ensure the rental conditions of the property are adhered to be the guests.

e) We may change all or part of the Terms & Conditions at any time. The new Conditions will be posted in OZEHOLS website under the OZEHOLS terms and conditions. The continuous use of the site will infer your acceptance to the Terms and Conditions posted on this site.

f) While we use reasonable action to ensure the uninterrupted service of the website, web pages and the Network, we do not make any guarantees or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the OZEHOLS website, web pages and Network may be interrupted without notice in the case of system failure, maintenance, repair, system enhancements or any reason beyond our control. In such instances we shall make every effort to bring the service back as soon as it is convenient but will not make any assurances of the minimum or maximum downtimes.

g) We reserve the right to add, change or discontinue any website(s), web pages, feature or service (or part thereof) on the OZEHOLS website and web pages at any time.

h) We reserve the right to change the pricing of any services or feature on the website(s), web pages at any time without prior notice. This will only affect new listings and request for new showcase and new feature listings.
 
i) You must not use the OZEHOLS web site/pages and Network (or material obtained from OZEHOLS web pages) in breach of any applicable laws or regulations or for any unlawful, unauthorised or illegal activity deemed illegal anywhere in Australia.

j) You must not use the OZEHOLS website, web pages and Network to upload, post or transmit any Material that violates or infringes the intellectual property or other rights of another person(s); contains information about unlawful activities or conduct; contains material which is obscene, pornographic, nudity, indecent, vulgar, sexual acts or references; excessive violence; misleading or deceptive; defamatory, offensive, threatening, abusive, or unlawful, including Material that racially or religiously criticize, provoke violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; exploits another person(s) in any manner; includes an image or personal information of another person(s) unless you have their consent; poses or creates a privacy or security risk to any person(s); you know or suspect to be false; contains viruses, electronic media, files or programs designed to interrupt, anyway impact or destroy the functionality of other computer systems; 

The Owners & Agents and Managers of the Owners confirm and warrant that:

a) You are the legal owner or are legally authorised to act as an agent on behalf of the owner of the Accommodation. The Accommodation data and the Accommodation complies with all applicable laws, statutes, ordinances and regulations in Australia.

b) By making available any Material via OZEHOLS website, web pages and web Network you grant OZEHOLS a non-exclusive, worldwide, royalty-free, uninterrupted licence to use, replicate and utilize the Material in any form for the purpose of promoting holiday accommodation worldwide;

c) Material does not breach any laws and Conditions; and unconditionally waive all moral rights as defined by the Copyright Act 1968 which you may have in respect of the Material.

d) OZEHOLS reserve the right (but have no obligation) to monitor, review, modify, reformat, reject or remove any Material which you post, transmit or otherwise make available in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person or entity.

e) OZEHOLS is not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the OZEHOLS website, web pages and web Network by any person other than us. We will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the OZEHOLS website, web pages and Network simply by facilitating others to post, transmit or make Material available. We do not endorse any opinion, advice or statement made by any person other than us.

f) The user id and the password created to login to OZEHOLS site has been generated by the owners of holiday accommodation. Therefore, OZEHOLS will not access your accommodation property pages to alter, modify or add any material other than for the purpose of updating Region, Subregion and Suburb data due to a re classification of that data in the website.
 

a) User Id and the password to access the site will be created by owners and/or managers of holiday accommodation properties. You agree not to publish, or make available, your password to any third party. You are responsible for any use of or action taken under your password. If you suspect that your password has been compromised, you must change your password with immediate effect.

b) In the event you forget your password, we will send you an automatically generated password. Once you login with this password, you undertake to take immediate steps to change this with your own password. We will retain no record of the automatically generated passwords. 
 

a) You are solely responsible for the Accommodation Data listed on your property in OZEHOLS website. At all times you will take every effort to maintain accurate and up to date information about your properties submitted
 

b) The Booking Price and each other term of offer will be at least as favourable to users as offered on other online channels (including your own website) for the same Accommodation and period.
 
c) Your Accommodation Details must not contain any URLs or other calls to action directing users of the Sites to any alternative booking method. We will be entitled to immediately terminate this Agreement if this condition is breached.
 

a) You do not have any right, title or interest in or to any proprietary rights relating to the OZEHOLS website, web pages and Web Network.

b) You may reproduce and display the Material on the OZEHOLS website, web pages and Network for your own personal, non-commercial use only. The material may not be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval. This may not apply to material provided by you as an accommodation owner, manager or agent.

c) Nothing displayed on the OZEHOLS website, web pages and Network should be construed as granting any right of use in relation to any logo, or trade mark displayed on the OZEHOLS website, web pages and Network without the express written consent of the relevant owner.

d) You acknowledge that we own all rights, title and interests to the Site, and that you will not acquire any rights, title or interest in or to the Site.

e) USE OF GUEST INFORMATION. You will not directly or indirectly use or disclose any Guest information acquired from us other than as necessary for you to perform your obligations under this Agreement or as required under any applicable law. 
 

6. Releases & indemnities by the owners & managers of accommodation properties
 

a) You indemnify us and our associated entities against liability or loss arising from, and cost incurred in connection with, damage, loss, injury or death to any third party caused or contributed to by your act, neglect or default, or the act, neglect or default of your servants and agents;

b) You release us from, and agree that we are not liable for damage, loss or injury to you arising from, and cost incurred in connection with:

i.    The use of the Site and any breach by you of this Agreement,
ii.   The Accommodation Details,
iii.   Bookings not fulfilled by you under the terms of this Agreement,
iv.   The calculation, reporting or payment of any taxes that you are responsible for in relation to Bookings made through the Sites,
v.    Any person's stay at the Accommodation.
 

c) Damage, loss or injury incurred in connection with the Site being interrupted, unavailable or not working properly, however caused.
 
d) You release us from, and agree that we are not liable for damage, loss or injury to you arising from, and cost incurred in connection with renting your property to guests.
 
e) You will obtain all necessary licenses, approvals and authorities relating to your properties. You will conduct your business in accordance with the law.
 
f) Neither party will be liable to the other on any legal basis (including negligence) for any interruption to business, lost profits, loss of data or any consequential or indirect losses.
 

7. Disclaimer
 

a) You use the OZEHOLS website, web pages and Network at your sole risk.
 

b) We do not make any representation or warranty that any Material on the OZEHOLS Network will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
 

c) We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the OZEHOLS website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in the website.
 

a) You use the OZEHOLS Network at your sole risk.
 

b) In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature however arising in connection with the OZEHOLS Network.
 

 

You agree to fully indemnify and hold us harmless against any expenses, costs, loss, including consequential loss or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the OZEHOLS Network, including any breach by you of the Conditions.
 

By using the OZEHOLS network, you confirm that you are 18 years or over or otherwise have obtained legal parental or guardian consent.
 

a) This agreement is governed by the laws of New South Wales Australia. 
 

b) We may make changes to these terms and conditions from time to time. Any changes will be effective upon posting a modified version on our website. 
 

The Google Maps service is made available to you under licence from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you also agree to be bound by the Google Maps terms and conditions available at the following url: http://www.google.com/intl/en_us/help/terms_maps.html.
 

13. Facebook
 

You agree to abide by the terms and conditions stipulated by Facebook. The details of the user agreement can be viewed at: https://www.facebook.com/home.php#!/terms.php
 

14. YouTube
 

You agree to abide by the terms and conditions stipulated by YouTube. The details of the conditions of use can be viewed at: http://www.youtube.com/t/community_guidelines
 

You agree to abide by the terms and conditions stipulated by LinkedIn. The details of the conditions of use can be viewed at: http://www.linkedin.com/static?key=user_agreement&trk=hb_ft_userag
 

From time to time we will add beneficial social media networking sites to OZEHOLS website. When using these sites you agree to abide by the terms and conditions stipulated by those relevant social media sites.
 

a) You agree that OZEHOLS operate the Site as a referral site for short term holiday accommodation of less than 60 days.
 

b) We are not an agent for property owners or managers that advertise properties on OZEHOLS, nor are we an agent for any third party suppliers of other goods or services that are advertised on OZEHOLS (each of which is referred to in these conditions as a 'Supplier'). We are not involved in the actual transaction between you and the guest.
 

c) Accommodation owners may impose their own terms and conditions in relation to their accommodation services.
 

OZEHOLS will not be responsible, and we exclude all liability, for any loss or damage whatsoever (including personal injury and damage to property) that you or another person may suffer in connection with the offer or supply of your rental accommodation.
 

a) OZEHOLS Pty Ltd (OZEHOLS) is bound by the Privacy Act 1988 and the National Privacy Principles and is committed to protecting the privacy of personal information collected from customers and other persons as part of its normal business operations, activities and services.
 

b) OZEHOLS's primary purpose for collecting personal information is to enable property owners and renters to exchange information to arrange and transact property holiday rentals. To facilitate this exchange, OZEHOLS maintains a database of property owner and renter information to communicate details of up coming deals, events, special promotions, holiday giveaways etc.
 

c) This policy applies to all sites that form part of the OZEHOLS sites and not limited to OZEHOLS.COM.AU and OZEHOLS.COM.
 

a) You agree that:

i.    A property may only be listed once on the Site;

ii.   You have the authority to advertise the properties that you list and will supply OZEHOLS with the required   verification documentation when requested;

iii.  You will comply with all applicable laws and codes in relation to this agreement and the properties that you list;
iv.  You will remove property listings from the Site or amend them if reasonably requested to do so by OZEHOLS;

v.   All information you make available in relation to your property will at all times be up-to-date and accurate, appropriate to your property listing and not be misleading or deceptive in any way;
vi.  You will not include in your listings links to any other websites unless agreed with OZEHOLS in advance;

 

b) You may remove your property listing from the Site at any time.
 

c) Where a dispute arises with a guest or other party regarding the property, you agree to complete a Guest Dispute Report if requested by OZEHOLS.
 

d) You must notify any changes in your business name, ABN(if any), email address, contact person or address in writing promptly and within 5 business days of the change.
 

e) We reserve the right to change our Site, products or services (including format, design, scope, etc) at any time. We will use our reasonable endeavours to give you advance notice of any material changes that we make to our Site, products or services.
 

f) We reserve the right (but have no obligation) to review, modify, reformat, reject or remove (or direct you to modify or remove) any material that you make available via the Site that, in our opinion breaches this agreement, has the potential to harm, endanger or violate the rights of any person or may be damaging to OZEHOLS' reputation.
 

g) It is your responsibility to keep all communication in relation to a customer electronically in your email system electronically or in any other media. OZEHOLS will not keep a track or keep an archive of the communication between the short term rental guests and the property owners.
 

h) The templates provided are to be used as a guide by the property owners. OZEHOLS will not be responsible for any errors or omissions inadvertently contained in these templates. Example of sample templates we may provide are:

i.    Booking Form

ii.   Welcome Letter
iii.  Cover note for the Booking Form

 
21. Property Owners obligations to guests

a) You agree that:

 i.   You will clearly communicate to guests at the time of making a booking the terms and conditions on which the accommodation is rented to the guest.

 ii.  You will review and resolve disputes generated from guests that have stayed at your property in a timely manner and take the necessary action to ensure such complaints do not re-occur;
iii.  Your contact details will at all times be up-to-date and a phone number (preferably a mobile number) provided to all guests at time of enquiry/booking so they can contact you if necessary;
iv.  You will respond to guest enquiries in a timely manner, ensuring contact is made with all guests.
 

b) Once you have received payment (in part or full) for an accommodation booking, the booking is deemed confirmed and you must hold the booking for the guest until the rental takes place. The booking is cancelled by the guest or you deem the booking to be cancelled due to late payment by the guest or due to non acceptance of your Terms & Conditions.

 

c) If you are unable to fulfil a confirmed booking (in full or part), you must use your best endeavours to find the guest(s) alternative accommodation of a similar standard. If you cannot find suitable accommodation that is acceptable to the guest(s), you should contact OZEHOLS via owner@ozehols.com.au. This is not applicable where cancellation due to late payment, none payment or guests not accepting your terms and conditions.
 

Owners and Managers should hold appropriate insurance, including comprehensive landlords' insurance for holiday rentals and public liability insurance (as appropriate).
 

The property offered should be in a clean, safe and habitable state. Owners, agents or managers must ensure that smoke detectors are fitted and should provide fire safety information to Guests appropriate for the type of the accommodation in accordance with applicable legislation.
 

a) You agree to pay OZEHOLS any listing fees(showcase and feature), subscription fees or set-up fees, specified in your registration form or on the Site when you list your property or as otherwise agreed in writing with OZEHOLS. There will be no annual listing fee for property owners to list on OZEHOLS.com.au. However, we reserve the right to introduce listing fees for new property listings at the expiry of the promotional offer.
 
b) Listing, subscription and set-up fees paid to OZEHOLS are non-refundable and non-transferable. If a listing fee or subscription fee is paid to OZEHOLS for a period and you choose to remove your property listing from the Site part way through that period, you will not be eligible for a refund for the remainder of the period.
 
c) You may have the ability from time to time to access additional chargeable features and services on the Site such as show case placements and feature listings. If applicable any additional terms and conditions (including pricing) relating to chargeable features and services will be specified on the Site or otherwise made available to you in writing. Any such additional terms and conditions form part of this agreement.
 

 

a) On the basis of an Booking Items List prepared by us and confirmed and submitted by you, you agree to pay us the per night booking fee specified on the Site ($10 per night on confirmed bookings), or otherwise agreed in writing, for each confirmed booking. In this clause, a booking is "confirmed" if:

i.    The booking resulted from a booking enquiry through, or referral from, the OZEHOLS Site; and
ii.   The guest(s) actually stayed at your property (regardless of whether you received payment or not)
 

b) At the end of each calendar month, and otherwise at our request, you agree to complete and submit the Booking  Items List (in the form prescribed by us) that confirms all bookings details for that calendar month for properties listed by you on the OZEHOLS website.

c) We reserve the right to audit the enquiries made through the Site.
 
d) If you fail to provide the Items List within 30 days, we reserve the right to remove your listings from the Site and/or terminate this agreement.

e) Those properties which opt for the TXA online booking engine shall ensure that the calendar and the pricing is upto date at all times. where the booking is done through the online booking engine, Ozehols will charge you a commission of 7.5% of the rent. In this instance the collection of the funds and payment to the property owner/manager will be carried out by TXA. Ozehols will upload the information on properties which opt via the TXA opt in procedure. No annual listing fee will be charged on these properties for listing in Ozehols website.
 

a) Terms and conditions for booking changes, cancellations and refunds may be specific to each property that you list. The terms must be provided by you to guest before payment is made.
 
b) You must make arrangements for any refund to which the guest is entitled directly with the guest.
 

a) Listing fees, subscription fees, Item List Fees, Set Up Fees and fees for additional features and services are payable within 7 days of the date of our invoice.
 

b) Once an invoice for listing, booking or other fees has been paid, no refund will be supplied for any errors made by you. However, a credit may be issued upon application in this instance.

c) You are responsible for all taxes (including GST and income tax), duties or government charges payable in connection with this agreement whether applying at the date of this agreement or in the future.
 

a) Your listings are automatically renewed unless you tell us otherwise. If you do not wish to renew your listing, you must notify OZEHOLS before the expiry of your current listing period to ensure your listing is disabled appropriately from the Site. If you do not notify us, your listing will be renewed for a further listing period of the same duration and the listing fee will be billed to you (if applicable) on the first day of that renewed listing period.

b) We may terminate this agreement, and remove your property listings from the Site, immediately:

i.    If we reasonably believe the safety, security and experience of OZEHOLS customers and/or OZEHOLS reputation is at risk as a result of any act or omission by you;
ii.   If you do not pay any amount owing to OZEHOLS by the due date and it remains overdue for 30 days or more;
iii.  If you breach this agreement in any other way and you do not rectify that breach within 7 days after receiving notice from OZEHOLS requiring the breach to be rectified; or
iv.  If an insolvency or bankruptcy event occurs in relation to you; and
v.  Otherwise, at any time and for any reason by giving you 7 days notice in writing (in which case you will be entitled to a pro-rata refund of any fees paid by you in advance).
 

Except in relation to your property listings, which you grant us a license to deal, you do not have any right, title or interest in or relating to our Site. 
 

a) In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages including loss of profits, goodwill, data or opportunity.
 

b) You agree to reimburse us for any expenses, costs, loss or damage that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site, including any breach of this agreement by you.
 

a) All information regarding our business or affairs that comes into your possession as a result of or in the performance of this agreement will be treated as confidential. 
 

b) This agreement, together with any other terms and conditions it refers to, comprises the entire agreement between you and us and supersedes all prior understandings, agreements or representations. If a term of this agreement is or becomes invalid or unenforceable, the validity and enforceability of the remainder of the agreement will not be affected.
 

c) This agreement is governed by the laws in force in New South Wales. 

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