T & Cs GUEST
Updated 15th October 2020
(1) The www.holidayingwithdogs.com.au website, and any mobile application for the website (the “Site”) is owned and operated by Holidaying with Dogs Pty Ltd ABN: 816 141 145 73 (“Holidaying with Dogs”, “we”, “us” or “our”).
(4) Holidaying with Dogs does not authorise anyone to register with this Site unless they are able to enter into legally binding contracts.
(5) Holidaying with Dogs may revise these Guest T&C at any time by posting an updated version to this web page. You should visit this page periodically to view the most current Guest T&C because they are binding on you.
2. The Basics
(1) This Site is a place where Guests can view advertising of, and obtain information about, vacation properties offered for short term lets of less than 90 days (“Properties”) by others, including property managers, lessees, and owners, (each, an “Property Manager” and collectively with a Guest, the ‘users’). We offer online booking and online payment to allow users to communicate with Property Managers and to enter into rental agreements. We are not an agent for Property Managers that advertise properties on Holidaying with Dogs.
(2) The Site acts only as a venue for users to interact, and Holidaying with Dogs is not, and does not become, party to any contractual relationship between the Guest and the Property Manager, and does not mediate between the Guest and the Property Manager in the event of any dispute arising between them. This is true even if the Site facilitates booking and payment for a Property, as Holidaying with Dogs is not a party to any rental or other agreement between Guests and Property Managers.
3. Property Listings and Interaction with Property Managers
(1) Property Managers are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer (“Listings”), for updating them and ensuring (where relevant) that they are correctly translated.
(2) If a Guest finds a Property in which they are interested, they can request to book (“Booking Request”) and submit a question (“Notification”) to the Property Manager.
(3) The Guest will receive Notification responses from the Property Manager in their Guest customer account (“the Account”).
(4) Notifications using the Holidaying with Dogs system are available for review by the person to whom it was initially addressed, the Property Manager and to a limited number of Holidaying with Dogs customer service employees. Holidaying with Dogs also monitor messages from time to time which are sent using our platforms.
(5) Holidaying with Dogs has no responsibility for, or involvement in, the communications between the Property Manager and Guest.
4. Using the service
(1) The Holidaying with Dogs Online Booking System is provided on the Site to assist Guests to make legitimate bookings with Property Managers, and to make payments for those transactions through Holidaying with Dogs, and for no other purposes.
(2) You confirm that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Holidaying with Dogs Online Booking System in accordance with these terms and conditions. You also agree that all information supplied by you in using the Site and the Holidaying with Dogs Online Booking System will be true and accurate.
(3) Any speculative, false or fraudulent booking is prohibited. You agree that the Holidaying with Dogs Online Booking System will only be used to make legitimate bookings for you or another person for whom you are legally authorised to act. You acknowledge that overuse or abuse of the Holidaying with Dogs Online Payment System may result in you being denied access to the system.
(4) You will create a username and password when you create the Account in order to use the Holidaying with Dogs Online Booking System. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via the Holidaying with Dogs Online Booking System by anyone using your username and password and any payments due for goods or services acquired through the system by anyone using your username and password. You should notify any breach of security of your username and password to us immediately by emailing [email protected].
5. Booking requests and payments
(1) The Guest will submit a booking request (“Booking Request”) via the Holidaying with Dogs site to the Property Manager which will be delivered to their Notifications. At the time of submitting a Booking Request, the Guest is agreeing to the (“Total Booking Fee”), which includes the accommodation rates and (“Additional Fee”) plus the (“Service Fee”). The Guest is also agreeing to the (“Cancellation Policy”) allocated to the Property by the Property Manager, the listed terms and conditions of the property (“Property T&C”) if provided, the bond (“Bond”) and the Guest T&C at the time of submitting the Booking Request. Please refer to the Cancellation Policy options for full details.
(2) The Service Fee is calculated based on the Total Booking Fee. The Service Fee is 11%. This is not calculated on any Bond associated with the Booking.
(4) The Property Manager will review the pending Booking Request and either accept or decline the booking based on availability. If the booking is declined the Guest will receive a Notification in their Account. If the booking is accepted, the nominated Guests credit card will be deducted the Total Booking Fee and Service Fee.
(5) Holidaying with Dogs will not charge any credit card processing fees to the Guest.
(6) The Guest agrees and acknowledges that Holidaying with Dogs is not a party to the contractual relationship between the you and the Property Manager, and that the collection the Total Booking Fee and Service Fee is subject to the Properties Cancellation Policy level, property T&C and the Guest T&C agreed between you and the Property Manager at the point of submitting a Booking Request
(7) At the time of the Booking Request being accepted the Total Booking Fee and Service Fee will be paid by credit card in Australian dollars. You will then receive a booking confirmation and receipt for your booking. The details of your Booking will be stored in the Account for future reference.
(8)If a Bond has been stipulated in the Booking Request , it is payable in full 48 hours prior to the check-in date. The Bond is taken specifically for the purpose of protecting the Property Manager should the property be damaged or the property was not left in the condition it was found by the Guest during their stay. Should the guest be in breach of any of the Property T&C stipulated by the Property Manager the Bond maybe withheld in part or in full.
(9)The Property Manager has 72 hours after the Guest has checked-out to notify Holidaying with Dogs of any damage to the property or breach of the Property T&C and the cost of this damage. If this has not occurred or if there is no damage reported, the Bond will be fully refunded to the Guest via the payment method it was paid.
(10)If the Property Manager declares that damage has occurred, they must provide the cost of this damage. The Guest will be notified in writing via email of this damage. If the cost of the damage is less than the Bond, the balance of the Bond will be returned to the Guest via the payment method it was paid. Where the cost of the damage is greater than the Security Deposit, it is the Property Managers responsibility to collect the outstanding monies. Holidaying with Dogs is not liable for the collection of these monies.
(11) You must ensure that sufficient funds are available for debit at that time. Any fees and charges relating to insufficient funds at the time of debit will be passed onto you. If the payment for the Booking is declined the Booking will no longer be confirmed and Holidaying with Dogs will notify you via email.
(12) On receipt of funds from you, Holidaying with Dogs will hold those funds on behalf of the Property Manager until such time as they are remitted to the Property Manager, refunded to you (if you are entitled to a refund) or transferred to Holidaying with Dogs in payment of our fees and charges. No interest will be payable by Holidaying with Dogs to you or the Property Manager on amounts held by Holidaying with Dogs.
6. Booking changes, cancellations and refunds
(1) The cancellation and refunds policy will be specific to each Property that you submit a Booking Request for. The cancellation policy (“Cancellation Policy”) level is allocated to the Listing by the Property Manager during the listing process. The Guest must read and agree to the Confirmation Policy terms to proceed to a booking request Refer to the Cancellation Policy options for full details.
7. Rights and obligations of Holidaying with Dogs
(1) Holidaying with Dogs shall use commercially reasonable efforts to ensure that depictions on the Site of the photos of the Properties that Property Managers have submitted to Holidaying with Dogs are as true and accurate a representation of those photos as practicable. However, you acknowledge that deviations from original photos can occur when non-digital images may have been scanned, and due to individual screen settings.
(2) Further, you also acknowledge that Property Managers – and not Holidaying with Dogs – are responsible for the accuracy with which the photos depict the relevant Property.
(3) Holidaying with Dogs may occasionally undertake upgrades and maintenance of the Site, its platforms and systems. These works may result in restrictions on the usage. Holidaying with Dogs will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most Guests’ usage is least affected.
(4) Holidaying with Dogs offers a Notification system which may be used by the Property Manager and Guest for making contact with one another. Notifications between two parties are stored and managed in the Account and Property Manager Dashboard. You acknowledge that unauthorised third parties may misuse the system and unlawfully intercept or read messages. Holidaying with Dogs is not liable for any such misuse.
(5) You acknowledge that Holidaying with Dogs is not responsible for checking the identity, or for the behaviour, of Property Managers or for establishing the nature, condition or existence of a Property.
8. Intellectual Property
(1) All content that appears on this Site, and the Site itself, is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
(2) Guests are permitted to download, display or print individual pages of the Site to evidence their agreement with Holidaying with Dogs. The relevant file or the relevant printout must clearly bear the text “© Copyright 2017 – Present Holidaying with Dogs Pty Ltd - All Rights Reserved”.
(5) By submitting a 5 Paw Review to the Site, Guests authorise Holidaying with Dogs to the public review comments (“Public Review”) and 1 – 5 paw rating average both on the Site and in separately published form. The comments submitted to the Property Manager privately (“Private Feedback”) with not be visible to the general public. Only to the Guest, the intended Property Manager and Holidaying with Dogs.
9. Communications and Reviews
(1) Guests must provide only accurate and truthful information concerning their identity in any communications on the Site, including reviews of Properties.
(2) Messages sent via Holidaying with Dogs systems should only relate to genuine booking enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Holidaying with Dogs systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. Notifications transmitted via the Notifications function should only be sent with the recipient’s consent. You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.
(3) Guests are invited to post their own reviews of Property Managers’ Properties (“Guest Reviews”) after the check-out date has passed. The Guest Review is submitted on the Site and provides a 5 Paw Dog Friendly Accommodation (“5 Paw Rating”) rating from 1 – 5. The 5 Paw Rating is assessed against Pet Friendliness, People Friendliness, Location and Value. The Guest is provided the opportunity to post a public review (“Public Review”) and private feedback (“Private Feedback”) about their stay. The Private Feedback will not be publicly viewable and can only be seen by the Guest, Property Manager and Holidaying with Dogs. The Public Review and 5 Paw Rating will be viewable via the Listing for other Guests to read as part of their property search. Please note that Holidaying with Dogs does not, and does not realistically have the ability to, verify the accuracy or otherwise of Guest Reviews.
(4) Please note that Holidaying with Dogs does not, and realistically does not have the ability to, verify the accuracy or otherwise of Guest Reviews and 5 Paw Ratings.
(5) Holidaying with Dogs requires all Guest Reviews, 5 Paw Ratings and Notifications to conform to clause 17. ‘Content guidelines’ and clause 13. ‘Prohibitions’ T&C . In the event that any Guest Review or Property Manager Response appears on the site but fails to conform to the Content Guidelines then Holidaying with Dogs shall be entitled immediately to remove from the site the relevant non-conforming Guest Review, 5 Paw Rating or Notification.
(6) In the event that any Guest Review appears on the Site but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, Holidaying with Dogs shall be entitled immediately to remove from the Site the relevant non-conforming Guest Review or 5 Paw Rating.
(7) Holidaying with Dogs does not generally conduct identity checks. If Guests suspect that the Property Manager has supplied false information, they are invited to notify Holidaying with Dogs as per clause 16. ‘Contacting us’ T&C.
10. Right to delete content
Guests are responsible for ensuring that their Notifications posted, through or in connection with the Site, including Guest Reviews, 5 Paw Ratings and Notifications with Property Managers, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright, data protection law or clause 17. ‘Content guidelines’ T&C. Holidaying with Dogs may monitor any data on the Site or Holidaying with Dogs platform or systems and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, Holidaying with Dogs shall be entitled immediately to remove from the Site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account.
11. Links to Third Party Sites
This Site may contain links and pointers to other Internet sites. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a social media site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
Publishing any false or misleading information is in breach of this contract as per clause 14. “Limitations of Liability of Holidaying with Dogs” and you agree to defend, indemnify and hold harmless Holidaying with Dogs and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties brought against Holidaying with Dogs alleging or arising out of or in connection from:
(a) any content or material the Guest submits or provides for inclusion on the Site that is misleading and/or false;
(b) any use by the Guest of the Site;
(c) your dealings with any Property Managers; and
(d) any breach of this Agreement on the part of the Guest.
(1) The Guest shall not directly or indirectly:
a. with respect to the Site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
b. monitor content on the site or communications with Property Managers by means of robots, spiders, or other automatic instruments;
c. use the Site or Holidaying with Dogs platform or systems for purposes other than those referred to in these Guest T&C;
d. use the Site or the tools and services on the Site for the purpose of booking or soliciting a rental for a property other than a Property under a valid Listing;
e. reproduce any portion of the Site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
f. upload or send to the Site any content or programs, which on account of their size or nature, might damage Holidaying with Dogs computers or networks;
g. include content on the Site or Holidaying with Dogs platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
h. use or access the Site or Holidaying with Dogs platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, "virus" includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);
i. post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered "phishing" (whether primary, secondary or other) or that would give rise to criminal or civil liability;
j. post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
k. refer to Holidaying with Dogs in any way that might lead someone to believe that the Guest, Property Manager, any Property, Listing or website is sponsored by, affiliated with, or endorsed by Holidaying with Dogs;
l. take any actions that may have a negative impact on a Listing of another Guest (including making a bogus booking request).
14. Limitations of liability of Holidaying with Dogs
Holidaying with Dogs has taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure and PCI compliant payment gateway is used to process all transactions and credit card details. However, Holidaying with Dogs does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.?In no event will Holidaying with Dogs be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the Site or Holidaying with Dogs platform, any materials or content you submit to the Site, and your use of the Site and/or any transaction between users, even if Holidaying with Dogs has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the Site or Holidaying with Dogs platform or systems, you do not agree with any part of these Guest T&C, then your sole and exclusive remedy against Holidaying with Dogs is to discontinue using the Site. Nothing in these Guest T&C shall exclude or restrict Holidaying with Dogs liability for death or personal injury resulting from its negligence; nor for Holidaying with Dogs fraud or fraudulent misrepresentation.
(1) These Guest T&C, and the relationship between the Property Manager and Holidaying with Dogs, shall be governed by and construed in accordance with the laws in force in Victoria, and you submit to the non-exclusive jurisdiction of the courts in that State.
(3) Holidaying with Dogs recommends that you save your own copy of these Guest T&C in a separate file on your device or in print-out form.
(4) Holidaying with Dogs failure to act with respect to a breach of these Guest T&C by the Guest or others does not waive Holidaying with Dogs ’s right to act with respect to subsequent or similar breaches.
(5) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Guest T&C.
(6) The invalidity of one or more provisions of these Guest T&C shall not affect the validity of the other provisions.
16. Contacting us
(1) Any messages should be sent to Holidaying with Dogs at: Holidaying with Dogs, PO Box 37, Coburg, VIC 3058, Australia or by email using [email protected] or by phone during normal business hours on 03 8300 7864.
(2) Notices regarding infringements of copyright must specify the following:
a. your address, telephone number and email;
b. detailed information about the content concerned (display of the image or text), including a link to the Site; and
c. a formal declaration showing that you: (i) are the holder of the exclusive user right to the work; and (ii) have not authorised the use of the relevant material in this form.
17. Content guidelines
(1) No user of this website may contribute any content (including, but not limited to property listings, reviews and responses) which violate the following guidelines:
- The content must be directly related to its purpose. For example, property listing descriptions must relate to the property and information that would be useful to a Guest. Reviews of a property must focus on the Guest’s stay.
- The content must not infringe anyone’s rights, violate the law or otherwise be inappropriate. Examples include:
- Personal information that can be used to identify or contact any person;
- Promotional content that would promote other websites, businesses, services or products unaffiliated with this website;
- Obscene, abusive, discriminatory or illegal content.
- Reviews and responses should not disclose the physical location of the property or the rates charged by the owner or manager. Content must be truthful and not misleading.
- Users who post content must have all legal rights to post the content.
- Users cannot post a review to blackmail or attempt to extort Property Managers or Guests for money. The reviews are for the benefit of future Guests, not to allow one party to threaten the other.
(2) Holidaying with Dogs reserves the right not to publish or to remove a review which is the subject of a legal action or dispute
(3) If you see a review or response that does not conform to the above guidelines, please contact as per clause 14. ‘Contacting us’ T&C. We will investigate reported abuse and immediately remove reviews or responses that we find are in violation of this clause.