Holidaypaws Booking Terms
Booking Terms & Conditions
The HolidayPaws.com.au website is owned and operated by Holidaypaws Pty Ltd, ABN 83 607 256 771.
Please read these Booking Terms & Conditions thoroughly before using our site to make a booking. By using our site to book your accomodation, you indicate that you accept these Booking Terms & Conditions. Please do not use our site to book your accomodation if you do not agree to the Booking Terms & Conditions.
Information about us
Our site is operated by Holidaypaws Pty Ltd trading as holidaypaws.com.au ("we", "us", "our"). We are registered in Australia under ABN 83 607 256 771 and have our registered office at 18 Combine Street, Coffs Harbour NSW 2450, Australia.
We are an advertising service for Advertisers and an accommodation search facility for Holidaymakers. We do not own, inspect or provide content for any of the properties advertised on our site. Advertiser shall be responsible for ensuring that it has all necessary rights, licences and authorisations to rent property.
Except in relation to adverts allowing online booking where we may act as an agent in order to facilitate payments to enable transactions between Advertiser and Holidaymaker, we have absolutely no involvement in the booking process or transaction. We make no claims as to the quality, safety or legality of any of the properties advertised. Neither can we confirm the accuracy of the advertisements or their content. It is the sole responsibility of the Advertiser to be eligible to rent the property and the sole responsibility of the Holidaymaker to pay for the rental
Consideration should always be given to the nature of advertisements and contracts transacted on the Internet, and the risks involved. Direct contact between Advertisers and Holidaymakers in relation to a booking may not occur and so you must therefore proceed with care and judgement when using our site.
Any contract for the rental of any property listed on our site is directly between an Advertiser and a Holidaymaker (each a "Booking Contract") and we are not a party to that contract.
In recognition of this, you acknowledge that any claim you may have that is in any way connected with a dispute you have with an Advertiser on our site must be brought directly against that Advertiser and not against us.
We may provide an online payment platform, giving you the ability to make online payments to Advertisers via PayPal, credit card, debit card or other payment options. We may change or withdraw such platform at any time without notice in our sole discretion.
Although we may provide the technical platform to enable such payments, we are not responsible for the payment solutions themselves and we still are not a party to the contract between you and the Advertiser. In particular, we are not responsible for any decision taken by PayPal or another provider to decline your payment, based on its risk assessment of you or that transaction. You shall not hold us liable for any losses you suffer as a result of making an online payment to an Advertiser. If you need customer support in relation to an online payment, you should contact PayPal or your bank or credit card provider (as applicable).
You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with your use of our online payment platform to make payments to Advertisers, in particular any claims from Advertisers, PayPal or other payment solution providers resulting from your actions or omissions.
Our limitation of liability and responsibility
We act merely as an advertising service through which Advertisers can advertise properties to Holidaymakers. We do not own nor have we inspected nor do we have any control whatsoever over any property listed on our site and we make no representations or warranties regarding any of the properties.
While we require Advertisers to advertise properties truthfully, fairly and accurately, and we take reasonable steps to remove advertisements from our site following any complaint from a Holidaymaker or another Advertiser, we have no control over the accuracy of any advertisement or the capacity of any Advertiser to make a booking with a Holidaymaker.
As such, we disclaim all liability and responsibility for any loss or damage (including personal injury) suffered or incurred by you or another party arising from:
- any reliance by any user of our site, or by anyone who may be informed of any of its contents, placed on any advertisement, commentary and other materials posted on our site by Advertisers, or any error or mistake or inaccuracy contained in any statement, description, representation or other information made about or in connection with a property listed on our site;
- the act or omission of the Advertiser or any failure of the Advertiser to perform or comply with any of the terms of the contract between the Advertiser and you, including a failure to provide the property on the requested date (whether due to a double-booking or otherwise), or a failure to provide the property in the condition or with the amenities that such property was advertised on our site;
- any loss of or damage to personal possessions at a property; or
- any incident or occurrence which takes place at a property.
Although we will do our best to prevent intentional misuse of our site and the dissemination of harmful programs via our site, we will not be liable for any loss or damage caused by any intentional misuse of our site or the distribution of viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site.
If we are in breach of these terms or otherwise liable to you (including, without limitation, for our negligence), we will only be responsible for any direct damages or losses you incur that result from your use of our site up to the value of the fees (if any) that you have paid to us. We shall not be liable for any indirect losses or damages suffered by you. Our liability to you shall not in any event include business losses (which includes without limitation loss or corruption of data, loss of profits or contracts, loss of revenue, loss of anticipated savings in expenditure, or business interruption) as a result of our breach of contract or negligence or otherwise.
This does not affect our liability for fraudulent misrepresentation or if something we do negligently causes death or personal injury, nor any other liability which cannot be excluded or limited under applicable law.
If you consider any of the content of any videos, photographs or any other material posted on our site by any Advertiser to be offensive, discriminatory, defamatory or libellous or otherwise inappropriate ("Inappropriate Content"), please notify us of such content by sending us details of the content you consider to be inappropriate and the reason why you consider such content to be inappropriate.
Upon receipt of notification that any content is considered to be inappropriate, we will review such content and shall decide whether to remove such content from our site.
Please send details of any content which you consider to be Inappropriate Content to us:
By email to: email@example.com.
By post to: Holidaypaws Pty Ltd, 217 Middle Boambee Rd, Boambee NSW 2450, Australia.
We act as agent for the Advertiser for the facilitation of payments in relation to booking transactions through our site and for purposes of onward distribution of your advertisements. Except for this agency relationship, nothing in this Advertiser Agreement or in your use of our site creates, or is intended to establish, any partnership, joint venture or similar relationship between us and the Advertiser.
For the avoidance of doubt, we never act as a principal in connection with any of the transactions or services available on or through our site.
As between the Holidaymakers and us, nothing in this Advertiser Agreement or in their use of our site creates, or is intended to establish, any agency relationship, partnership or joint venture between us and Holidaymakers.
Law and jurisdiction
This Advertiser Agreement is governed by law of New South Wales, and the courts of Australia and New South Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site (although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country).
You agree to comply with all applicable laws, statutes and regulations concerning your use of our site. Each and every booking carried out on, or as a result of use of, our site is deemed to be completed within Australia and therefore shall be governed by and interpreted in accordance with the law of Australia and New South Wales.
We may revise this Advertiser Agreement or Booking Contract template at any time by amending the applicable web page or by publishing notices elsewhere on our site.
Any notices that you wish to send us should be emailed to firstname.lastname@example.org. Any notices that we may wish to draw to your attention to will be displayed on our site or through our newsletter communications.