Terms and Conditions - Host

Terms and Conditions applicable to a host of property using www.philippine-rentals.com.

 

These terms and conditions are the contract between you and Philippine-rentals ("us", "we", etc). By visiting or using Our Website, you agree to be bound by them.

 

 

1.          Definitions

 

"Content"

means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.

  "Our Website" means any website of ours, and includes all web pages controlled by us.
 

"Post"

means place on or into Our Website any Content or material of any sort by any means.

 

"Property"

means house, apartment, room, villa, condominium and similar offered for rent by you on Our Website.

 

"Service"

means all of the services available from Our Website, whether free or charged.

 

“Host”

means the owner or authorised representative of the property.

 

“Guest”

means the traveller or person renting the property.

 

2.          Our contract

2.1         The relationship between us is solely that:

2.1.1     in consideration of a fee (referred to as “hosting fee”) charged by us, we provide for you an Internet market place as an arm's length contractor.

2.1.2     we  collect  money paid by your guest or traveller.

2.1.3     we are not partners or joint ventures.

2.2         If you place a Property for rent on Our Website, you do so subject to these terms.

2.3         When you place a Property on Our Website, you will be bound to provide all the information required by the Competition and Consumer Act 2010.

2.4         Although we are not a party to your contract with a guest or introduced to you via Our Website, we shall remove your Property from list of properties for rent if a guest or site visitor has a valid complaint against you.

2.5         We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.

2.6         Subject to this agreement and to the procedures set out on Our Website, you may enter a Property for rent through Our Website.

 

3.          Your Property for rent placement

You agree that you will:

3.1      not place any Property for rent if you are not the legal owner or authorised agent/representative of the owner or not place any Property for rent that is non-existent  before rental or booking.

3.2         immediately to remove from Property list on Our Website any Property which for any reason, you are unable to supply or provide to the guest or traveller.

3.3         not re-place any Property we removed from the list of Properties for rent.

 

4.          Delivery of Rental Property to Guest

4.1         You will notify the guest by email 3 days before the actual check-in that your property is ready to be occupied by the guest.

4.2         If it is apparent that the property was not made available to the guest during the day of the check-in by reason caused by you, we will refund the total booking value paid by the guest. In addition, you will pay a $50 fine plus bank charges to us. This is a condition of your contract with us because our reputation, as well as yours, is at stake in those circumstances.

4.3         Refundable Damage Deposits (RDD), agreed upon by host and guest, should be returned by host to guest within 48 hours of guest check-out. RDD is set out by host when the host property is listed in our Website. Such deposit is dealt outside the Website system and should be paid directly by the guest to the host.

 

5.          Rental Property Cancellation

Philippine-rentals has three cancellation policies that allows hosts to choose from:

5.1         Flexible – means full refund of total booking value to guest except service fees 48 hours prior to actual check in.

5.2         Moderate - means 50% refund of total booking value to guest except service fees 7 days prior to actual check in. Philippine-rentals will charge the host 3% host fee calculated based on the total booking value.

5.3         Strict - means 50% refund of total booking value to guest except service fees 14 days prior to actual check in. Philippine-rentals will charge the host 3% host fee calculated based on the total booking value.

 

6.          The Renting Out procedure

6.1         Philippine-rentals is not responsible for the fulfilment of your contract to rent your Property.

6.2         You agree that a contract to rent a Property offered by you for rent is a firm and binding contract as soon as your guest or traveller's payment has been accepted by our payment service provider.

6.3         Subject to discounts and promotions, Properties are offered for rent at a fixed price. If you are an Australian resident for tax purposes and GST registered, a GST may be due and should be included in the rental price.

6.4         Properties will be offered for rent and any successful property rented is subject to the terms and conditions applicable to guests or travellers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a host. You may view the buyer's conditions on Our Website at any time.

6.5         We shall send you a message by email at the time your property is successfully booked, providing full information about that booking.

6.6         You agree to provide information in regards to the availability  and good condition of your property for rent through Our Website and to tell us, through e-mail or dashboard, if at any time your property is not available.

6.7         You agree not to  receive directly any rental payment from your guest but through Philippine-rentals system only. If payment by guest was made to wrong or fraudulent bank account, Philippine-rentals will not be liable for any damages arising from this breach of contract.

 

7.           Goods and services tax

7.1         Fees specified on Our Website are inclusive of GST.

7.2         If you are located in the Commonwealth of Australia, we will show and retain the amount of GST due on our charge for our services in addition to the amount of commission due to us.

7.3         If you are located in the Commonwealth of Australia, and you provide a valid Australian GST registration number, we will not charge or deduct GST from sums due to you.

7.4         Philippine-rentals has the right to demand additional information about your business so far as it may affect your GST registration, at any time, from you or from a governmental authority.

 

8.          Our Fees and payment to you

8.1         We post your Property on our Website at the price you place on it, subject to these terms and also the requirements we set out on Our Website from time to time.

8.2         Our fees are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by your guest or traveller.

8.3         Our Website rental system is an automated system which can be followed by you through a "dashboard".

8.4         The proportion of each rent receipt retained by us is as set out elsewhere on Our Website.

8.5         Our fees is based on a percentage of the rental price, you may not artificially reduce the rental price of the Property in order to reduce our fees. If we believe that you do so, we may immediately cease to deal with you.

8.6         We will pay you after 24 hours your guest has checked-in in your rental property.

8.7         If you have a bank account located in Commonwealth of Australia , we will transfer money via the Internet, in full.

8.8         If you do not have an account in Commonwealth of Australia , we will transfer money in any sum at your request and at your cost.

8.9         We will send you an invoice for our charges.

8.10      If we do or could earn interest on any cash balance in our control for the period between payment by a guest and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.

8.11      If an action by a guest results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.

8.12      If you or we accept any cancellation and consequently refund money to a guest, we are not obliged to repay fees to you.

8.13      If in our discretion we believe that your performance as a host results in a significant number of charges back and / or guest disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.

 

9.          Advertising your Property

If you accept our offer to advertise market or promote your property, the following conditions apply.

9.1      We may use the services of a specialist Internet marketing business associated with Philippine-rentals.

9.2      Without prior consent of the other; neither we nor you will contract with any other person or company for specialist services. Here your obligation is limited to the extent of the price charged and due to us.

9.3      The price charged to you will include all payments we make to others.

9.4      The cost of work ordered by you is payable in full, in advance. If you so request us, by indication on Our Website, we will deduct the cost from your account.

9.5      We give no guarantee as to the success of any advertising placed.

9.6      We shall receive no secret commission on advertising services. But note that the service supplier is associated with us.

 

10.      Your Rental Property warranties

10.1      You warrant that any Property you place on Our Website for rent:

10.1.1  is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;

10.1.2  does not offend against the law of any country whose citizens might rent it;

10.1.3  is not intended primarily to advertise any business, except your business.

10.2      You warrant that you own the copyright of any Content you place on Our Website for rent, or that you have the permission of the copyright owner:

10.2.1  to enter or upload that Content;

10.2.2  to receive the net proceeds of rent as arise.

 

11.      How we handle your Content

11.1      If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.

11.2      You now irrevocably authorise us to publish feedback, comments and ratings about your Property, services and activity through Our Website, even though it may be negative or critical.

11.3      We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.

11.4      Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

11.5      You understand that you are personally responsible for your breach of someone else's intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;

11.6      You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

11.7      Please notify us of any security breach or unauthorised use of your account.

 

12.      Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website for promoting your properties. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law.

We do not undertake to moderate or check any item Posted.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

12.1      be unlawful, or tend to incite another person to commit a crime;

12.2      be obscene, offensive, threatening, violent, malicious or defamatory;

12.3      be sexually explicit or pornographic;

12.4      be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

12.5      use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.

 

13.      Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

13.1      hyperlinks, other than those specifically authorised by us, as explained on Our Website.

13.2      keywords or words repeated, which are irrelevant to the Content Posted.

13.3      the name, logo or trademark of any organisation other than yours.

13.4      inaccurate, false, or misleading information.

 

14.      Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

14.1      modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

14.2      link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

14.3      download any part of Our Website, without our express written consent;

14.4      collect or use any property listings, descriptions, or prices;

14.5      collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

14.6      aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

14.7      share with a third party any login credentials to Our Website.

 

15.      Copyright and other intellectual property rights

 

15.1      All content on Our Website, is the property of either us or our affiliates or suppliers of properties for rent. It is all protected by international copyright laws.

15.2      You may not copy, modify, publish, transmit, create derivative works from, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent.

15.3      For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

 

16.      Interruption to the Service

16.1      We give no warranty that the Service will be satisfactory to you.

16.2      We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.

16.3      You acknowledge that our Service may also be interrupted for reasons beyond our control.

16.4      You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

 

17.      Our disclaimers

17.1      We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.

17.2      We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.

17.3      Our Website and Services are provided "as is". As to Our Website and Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:

17.3.1  as to fitness of Our Website and Service for a particular purpose;

17.3.2  as to availability and accessibility, without interruption, or without error;

17.3.3  any obligation, liability, or remedy in tort whether or not arising from our negligence.

17.4      You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a guest.

 

18.      Your indemnity to us

You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:

18.1      a claim by any person in respect of any rental Property;

18.2      protecting the reputation of our business by our making a payment to a guest of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that guest.

18.3      any cost to us arising from a decision by us to comply as online marketplace, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:

18.3.1  the deletion or amendment of any text or other content you have placed on Our Website;

18.3.2  any payment we make on an ex gratia basis, arising from a contract between you and a guest;

18.4      legal or other fees we incur in defending a claim or the imposition of a fine or penalty;

18.5      our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.

 

19.      Miscellaneous matters

19.1      You undertake to provide to us your current land address, e-mail address, telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.

19.2      So far as any time, date or period is mentioned in this agreement, time shall be of the essence.

19.3      If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

19.4      For the purposes of the Privacy Act 1988 as amended you agree to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.

19.5      If you are in breach of any term of this agreement, we may:

19.5.1  publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.

19.5.2  terminate your account and refuse access to Our Website;

19.5.3  remove or edit Content, or cancel any booking at our discretion.

19.6      Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

19.7      No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

19.8      You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

19.9      Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 1 week of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.

19.10   In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

19.11   This agreement does not give any right to any third party.

19.12   We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.

19.13   In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

19.14   This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

19.15   The validity, construction and performance of this agreement shall be governed by the laws of the State of South Australia.