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Guests Terms and Conditions

Guests Terms and Conditions

Can We Book Pty Ltd ACN 162 121 904

Effective as of 1 May 2019

Can We Book understand and appreciate that you (the Guest) are concerned about the quality of the property you book with through Can We Book. These terms and conditions ensure there is a level playing field with Guests having certain obligations and requirements to ensure your Host’s property, privacy and trust are respected as much as possible.

1. Code of Good Practice

At Can We Book Pty Ltd we adhere to a code of conduct that relates to our overall goals of providing excellent accommodation and experiences for both Guests and Hosts alike. We encourage Guests to experience new regions by offering world class service and accommodation in the most convenient way. To achieve this goal, we will abide by the following good practices:

(a)  We care about our Hosts and Guests and we offer our easy-to-use Platform for your use;

(b)  We will provide you with a seamless service that will assist with your booking experience as a Guest;

(c)  Our customer service is here to help you by providing advice and comfort;

(d)  We listen to our Guests and act on information that we receive;

(e)  We promise you an informative, user-friendly website that works for both Guests and Hosts;

(f)  We are friendly and honest and will treat you the way we like to be treated.

1. Core Responsibilities of Guests

1.1 Guest’s Obligations and Responsibilities

You acknowledge and agree to your obligations and responsibilities as a Guest:

(a) You agree to be an occupant of the property for the entire duration of the stay, or as a guarantor (not staying) in the case of schoolies bookings, and that all other occupants will be family members, friends, other responsible adults over 21, or accompanied by a parent or legal guardian.

(b)  You agree to abide at all times by Can We Book’s Terms and Conditions.

(c)  You agree to abide at all times by the Host’s house rules and cancellation policy, if applicable.

(d)  You agree to abide at all times by any reasonable request by the Host as to your conduct and behaviour on the property during your stay.

(e)  You agree to take with you any excess rubbish which does not fit in the provided bins when you leave.

(f)  You agree to take all reasonable care of the property and at the end of the stay leave the property including all utensils, fixtures, fittings and equipment on, in or about the property in a clean and tidy condition.

(g)  You agree that you shall be liable for any extra cleaning, breakages or damage caused to the Property or any part thereof or any of the chattels therein that may occur during your occupation of the property or occupation of the property by any persons for whom you are responsible.

(h)  You agree to report any damage or breakage to any part of the property or any of the chattels therein to the Host or Can We Book as soon as practicable.

(i)  You agree that you shall not smoke inside the property and that you will ensure smoke does not enter inside the property.

(j)  You agree that, should you engage the services of a third party on the property during your stay, you are responsible for ensuring they adhere to these Terms and Conditions and that they hold appropriate Public Liability Insurance.

(k)  You agree that you will not permit more persons to occupy the property than you have agreed with the Host except with the permission and pursuant to the conditions of the Host.

(l)  You agree to ensure noise created by you, members of your party or your guests is kept to a reasonable and respectful level, and you will adhere to any requests or directions by neighbours, the Host or any lawful authority to reduce noise levels. You agree to abide at all times by the Host’s noise policy, if applicable.

(m)  You and other occupants agree to conduct yourselves throughout the stay in a manner that is respectful of and not disruptive to neighbours, traffic flow, or the community and that will not prompt complaints to Can We Book from the police, local council, neighbours, or neighbourhood. You and other occupants agree to abide by all applicable parking restrictions and limitations.

(n)  You agree that under no circumstances will you engage in the following activities: motorbikes, dirt bikes, quad bikes, use of firearms or air rifles, fireworks.

(o)  You agree to close and lock doors and windows when you are not present at the property and at check out. Should you not be able to secure the property you should contact the Host or Can We Book immediately. If the property has a key safe, please use it during your stay.

(p)  You agree that pets and animals shall not be permitted at properties except in accordance with the Host’s policy. You must adhere at all times to the Host’s policy and requirements for pets. You must ensure pets are kept under control at all times. You are liable for all damage caused by pets and extra cleaning required as a result any pets you bring onto the property. You must ensure pets are not permitted into bedrooms or on furniture. Any mess caused by pets and any faeces left by pets, including outside, must be wrapped and placed in outside bins.

(q)  You agree to ensure none of your belongings and personal property is left behind at the property after the end of your stay. If any of your personal property is left behind, it is your responsibility to arrange its return by providing, if required, Can We Book or the Host with a suitable prepaid satchel or by collecting the item from one of our offices. You agree that personal property left behind at a property after the end of your stay that is not claimed within 30 days is considered abandoned by you and the Host or Can We Book may dispose of it.

(r)  You agree that any personal property or belongings you bring onto the property shall be at your risk and neither the Host nor Can We Book will be liable for any loss or damage to your personal property.

1.2  Acknowledgement

You acknowledge and agree that, as a Guest, you are responsible for:

(a)  your own acts and omissions; and

(b)  for the acts and omissions of any individuals or animals accompanying you during your booking on the Host’s property, including any individuals you invite to the Host’s property during your booking.

1.3  Insurance

(a) Can We Book Pty Ltd recommends that:

(i) you obtain appropriate insurance for your booking and travel; and

(ii) with respect to any insurance policy you may take out, ensure you are familiar with and understand any exclusions to, and any deductibles that may apply.

(b) In no way whatsoever is Can We Book Pty Ltd liable for your insurance for any matter whatsoever.

2. Rental contract

(a)  Can We Book facilitates the processing and booking of accommodation on behalf of Hosts. We facilitate your finding and choosing accommodation and we do not act on your behalf. We do not provide, own or run any accommodation or travel services ourselves.

(b)  The booking contract is between the Host and the Guest and is made subject to the terms and conditions herein and any terms and policies of the Host.

(c)  The booking contract is not effective until Can We Book sends you written confirmation of the booking.

(d)  Can We Book acts as a booking agent for the Host only, and not as principal.

(e)  Can We Book does not act as your agent and has no authority to negotiate or conclude any agreement on your behalf. You enter into the relevant agreement(s) with the Host and any other agreements relating to the booking and other ancillary services provided by the Host on your own behalf.

(f)  It is the Host’s responsibility to honour the terms of the booking with you, and Can We Book is not responsible for the fulfilment of any booking made through Can We Book’s website or app or for the quality of any accommodation or any other services that are booked.

3. Bookings

You, as Guest, acknowledge and agree that:

(a)  On making a booking, you may be required to pay a deposit, which Can We Book collects for and on behalf of the Host;

(b)  Any deposit collected from you by Can We Book is non-refundable except in accordance with the Cancellation Policy;

(c) Except where otherwise provided, you will be responsible to the Host on arrival for payment of the balance of the cost of the booking made by you, together with any payments for any additional services subsequently agreed with the Hostand, where applicable, payment of the Host’s service charges and taxes, pursuant to the Host’s policy;

(d)  You must use a credit card or debit card to guarantee a booking. By making a booking with your credit card or debit card, you agree to accept our Cancellation Policy and the relevant cancellation and no-show policy of the Host as set out in its policies and/or terms and conditions, which may include charging your credit card or debit card for up to one night’s stay or other amount disclosed in the Host’s policies or terms and conditions;

(e)  Your non-arrival by the agreed check-in time may result in the cancellation of your entire booking. Any amendments to your booking must be notified to and agreed with the Host directly (but the Host will be under no obligation to refund all or any part of the deposit). In making a booking, it is your responsibility to disclose to the Host any requirements or special facilities that you or a member of your party may need as a result of any medical conditions.

4. Cancellation

You agree, as Guest, in accordance with the Cancellation Policy, that:

(a)  you may cancel the booking at any time;

(b)  if you cancel the booking:

(i) the full cost of the booking excluding any deposit is refundable unless you cancel the booking during the term of your stay;

(ii) any deposit paid to the Host in respect of the booking is non-refundable except in accordance with the Host’s policy

(iii)payments for hire of linen and equipment are non-refundable except in accordance with the Host’s policy;

(iv) any other payments made to the Host are non-refundable except in accordance with the Host’s policy.

5. Warranties and Indemnities

5.1  Guest Warranties

(a)  As a Guest you warrant:

(i)  that all information provided to Can We Book is accurate and acknowledge that Can We Book has placed reliance on the information provided and is not required to make any enquires to determine the validity of the information provided;

(ii)  the Guest or their agent has the authority to perform and authorise any action that the Guest may undertake; and

(iii)  that all times throughout the term of this Agreement the Guest will notify Can We Book if there is a change to the Guest or their agent.

(b)  The Guest authorises Can We Book to:

(i)  the extent permitted by law, to collect, retain and use any information about the Guest; and

(ii)  disclose any information obtained by any person for the purposes of delivering Can We Book’s Products and Services.

5.2  Guest Indemnities

(a)  The Guest indemnifies Can We Book against:

(i)  any penalty or liability incurred by Can We Book for any breach by the Guest of this Agreement; and

(ii)  all actions, claims, demands, losses, damages, costs and expenses which Can We Book may sustain or incur or for which Can We Book may become liable whether during or after the term of this Agreement, by reason of any act or omission or negligence by the Guest and its respective agents or any other authorised person.

(b)  Can We Book is not liable for any defect or damage caused by Can We Book providing or supplying the Products and Services.

(c)  Can We Book is not liable to compensate the Guest for any losses incurred for failure or delay if such is due to fire, cyclone, earthquake, flood, tsunami, inclement weather, strike, labour dispute, war, government order, riot, revolution, pandemic, civil commotion or any other cause beyond its reasonable control.

(d)  Can We Book is not liable for any damage to the Property caused by the Customers or Guests.

5.3  Liability

(a)  The parties acknowledge that, under applicable Australian State and Commonwealth law and the applicable laws of the United Kingdom, United States, Canada and the European Union or any other jurisdiction that certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Guest which cannot be excluded, restricted or modified by these Terms and Conditions (“Non-excludable Rights”).

(b)  Can We Book disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Guest, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any non-excludable Rights. To the extent permitted by the laws of Australia and laws of the United Kingdom, United States, Canada and the European Union or any other jurisdiction, the liability of Can We Book for a breach of a Non-Excludable Right is limited.

(c)  Can We Book’s liability for any claim in relation to these Terms and Conditions or the supply or performance of the Apps, Products or Services (whether under statue, contract, tort, negligence or otherwise) will be limited to the amount of the fee paid by the Guest to Can We Book for the booking of the Property that the claim is made.

(d)  Can We Book is not be liable to the Guest for any claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any direct or consequential loss or any remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties, as a result of or in connection with the provision of the supply or performance of the Services and/or Products in any jurisdiction.

(e)  The Guest agrees that they waive any claim, future or present, that they may have or may arise against Can We Book that is in any way connected directly or indirectly with the supply of the Services and/or Products whether in Australia, the United Kingdom or any other jurisdiction.

(f)  Notwithstanding any other provision of this Agreement, Can We Book is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the the Guest for:

(iii)  any increased costs or expenses;

(iv)  any loss of profit, revenue, business, contracts or anticipated savings;

(v)  any loss or expense resulting from a claim by a third party; or

(vi)  any special, indirect or consequential loss or damage of any nature whatsoever caused by Can We Book Ptd Ltd’s failure to complete or delay in supply of the Services and/or Products.

(g)  The Guest further indemnifies Can We Book from any costs or charges that in anyway either directly or indirectly relate to the supply of the Services and/or Products and further for any services or goods that Can We Book performs or supplies.

(h)  Neither we nor any of our directors, employees, affiliates or other representatives will be liable to you (or any member of your corporate group, your affiliates or any other person or party who has an interest in the booking) for: (i) indirect, punitive, special or consequential loss or damages, (ii) loss of data, income, profits, business, opportunity, reputation, goodwill or (iii) loss of or damage to property, in each case arising out of or in connection with the use of any information, products, services, facilities and/or the materials offered through the Can We Book website or app, even if we have been advised of the possibility of such loss or damage, or such loss or damages were reasonably foreseeable.

(i)  We have not visited all the accommodation listed on the Can We Book website and app and we do not carry out routine checks of the accommodation. The listing of any accommodation and travel services on the Can We Book website and app is not and should not be taken as a specific recommendation from us or a representation that the travel services will be suitable for your purpose or that the travel services will be of any particular quality.

(j)  Can We Book acts solely as agent of the Host and, as such, is not a party to the contract between you, as Guest, and the Host for accommodation and other travel services and we have no responsibility or liability to you in respect of the terms of that contract, including but not limited to:

(i)  the accuracy or completeness of the descriptions of accommodation and other travel services displayed on the Can We Book website or app, or the quality or fitness for purpose of the accommodation and other services that are or may be booked through the Can We Book website or app;

(ii)  the fulfilment of a booking made through the Can We Book website or app, including any acts or omissions of travel services providers, any cancellation of a booking by a travel services provider for any reason whatsoever or any failure to provide all or any part of the booked service by that provider; or

(iii)  any error or failure in the making or recording of a booking which is due to any circumstances that are outside our control (such as a power failure).

5.4 Uploaded Content

Can We Book is not responsible for any content that is uploaded by third parties or a Host to our website or our App and accordingly the Guest indemnifies Can We Book in respect of an any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment which the Discloser suffers, incurs or is liable for in respect of:

(a)  any breach of the Terms and Conditions of Can We Book uploaded by a third party as a guest of the Guest;

(b)  content uploaded by the Guest on to the Can We Book Platform.

6. Intellectual property rights

6.1  Definitions
Intellectual Property of Intellectual Property Rights means all intellectual property andproprietary rights (whether registered or unregistered), including:

(a)  business names;

(b)  domain names;

(c)  trade or service marks;

(d)  any right of the Group to have information (including Confidential Information) kept confidential;

(e)  patents, patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, data bases, know-how, logos, designs, design rights, copyright and all other similar industrial or intellectual property rights; and

(f)  technology, technology IP, technology products, technology contracts, and all other intellectual property rights relating to technology or software, owned or used at any time by Can We Book Pty Ltd.

6.2  Intellectual Property and our Software

(a) All intellectual property rights and copyright in:

(i)  the Software and Can Book Pty Ltd’s Services and other goods (including but not limited all calculations and documents associated with our Platform; and

(ii)  all designs, drawings, technical information and documents created, owned or held by the Can We Book, remain the property of the Supplier and shall only be used by the Customer at the Supplier’s discretion.

(b)  Unless stated otherwise, the software required for our services or used by our Platform and all other intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Can We Book Pty Ltd.

(c)  The Guest warrants that all designs, photographs, content and instructions to Can We Books will not cause Can We Book to infringe any patent, registered design or trademark in the execution of the Hosts instructions the Host agrees to indemnify the Can We Book against any action taken by a third party against Can We Book in respect of any such infringement.

(d)  Can We Book Pty Ltd exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) the look and feel (including infrastructure) of) the Platform on which the service is made available and you are not entitled to copy, publish, promote, market, integrate, utilise, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission.

(e)  To the extent that the Guest would use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Can We Book.

(f)  Any unlawful use of any of Can We Book’s intellectual property and our Platform or unacceptable behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right) and will be considered a material breach of our terms and conditions.

7. Credit and Debit Card Security

You acknowledge and agree that, notwithstanding that Can We Book makes all reasonable efforts to ensure the security of all credit card and debit card transactions processed through the Can We Book website and app, if unauthorised charges appear on your credit card or debit card statement for any card used on the Can We Book website or app at any time during or after you make your booking, conduct your transaction or disclose your card details on the Can We Book website or app, Can We Book shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, save where such unauthorised charges appear as a direct result of our negligence and subject to any statutory rights which you may have.

8. Website disclaimer

8.1  Legal Status

(a)  Can We Book warrants that it:

(i)  is validly existing and in good standing has full corporate power to operate the Website and to conduct the Business; and

(ii)  has full authority and all necessary consents to enter into and perform this document.

(b)  Can We Book Pty Ltd holds appropriate professional indemnity insurance policies tailored accordingly to the engagements undertaken.

(c)  This document (including attachments) is only intended for Guests and may contain privileged or confidential information. Unauthorised use, copying or distribution of this document or any part of its contents is prohibited. If you receive this document in error please telephone us and return it by post. We will reimburse you for any reasonable expenses incurred in meeting this request.

8.2  Disclaimer

This website is operated by Can We Book Pty Ltd. If you use this website, you agree to be bound by the terms and conditions listed below and any other laws or regulations which apply to this website. If you do not accept these terms and conditions, you must refrain from using this website. Can We Book Pty Ltd reserves the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of this website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

8.3  Intellectual property rights statement

All intellectual property rights in this website, including design, text, graphics, logos, icons, pictures, the selection and arrangement thereof, sound recordings and all software relating to this website, belong to or are licensed by Can We Book Pty Ltd. These intellectual property rights are protected by Australian and international laws.

Other than for the purposes of printing one hard copy of the material on this website for [non- commercial] use, research, criticism or review, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, you may not in any form or by any means copy, adapt, reproduce, store, modify, distribute, print, upload, display, perform, publish, post, frame within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without Can We Book prior written permission or, in the case of third party material, from the owner of the copyright in that material.

8.4  Linked websites

This website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. Can We Book Pty Ltd is not responsible for the content or privacy practices associated with those linked websites.

8.5  Secure data

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst Can We Book Pty Ltd strives to protect such information, Can We Book Pty Ltd does not warrant and cannot ensure the security of any information which you transmit to Can We Book Pty Ltd. Accordingly, any information which you transmit to this website is transmitted at your own risk. If you become aware of any problems with the security of the data or the website, please contact Can We Book Pty Ltd immediately.

8.6  Unsolicited ideas

Can We Book Pty Ltd appreciates any suggestions (‘unsolicited ideas’) that you may have regarding ways in which we may improve this website, or materials which we may add to this website. Any submitted materials incorporated for wider distribution will, as Can We Book Pty Ltd deems appropriate and in its sole discretion, may be acknowledged as being provided by you or your organisation as appropriate.

Any unsolicited ideas that you submit to Can We Book Pty Ltd will not be regarded as confidential, and will become Can We Book property. Can We Book Pty Ltd may reproduce, disclose, broadcast, transmit to the public or otherwise use those ideas, without any obligation to compensate you.

8.7  Warnings

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. Can We Book Pty Ltd does not warrant the accuracy, adequacy or completeness of the information, nor does Can We Book Pty Ltd undertake to keep this website updated. The information on this website is not, and is not intended to be, advice. Persons should not act or refrain to act on the basis of any of the material without first satisfying themselves as to the truth or accuracy of all information given.

Can We Book Pty Ltd does not warrant the availability, functionality or performance of the website, the electronic transmission, receipt authentication, lodgement or any other dealing whatsoever with electronic documents or mail or any other data, or the use of automatic language translation devices in connection with this website.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, Can We Book Pty Ltd does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

8.8 Disclaimer

This website has been compiled by Can We Book Pty Ltd on the basis of current general information. Changes in circumstances after publication may affect the completeness or accuracy of this information. To the maximum extent permitted by law, Can We Book Pty Ltd disclaims all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness and reliability of the information on this website, and to seek professional advice where necessary.

Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. Can We Book Pty Ltd makes no representations or warranties that use of the information on this website will not infringe such intellectual property rights.

Can We Book Pty Ltd does not accept responsibility for any loss or damage, howsoever caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, Can We Book Pty Ltd disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.

The use of the information on this website is at your own risk. By entering and using this website, you warrant and acknowledge to Can We Book Pty Ltd that you will not rely upon any material posted to this website without first consulting with Can We Book Pty Ltd. To the extent permitted by law, Can We Book Pty Ltd hereby excludes all liability of Can We Book Pty Ltd, its partners, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of, or damage to property, and third-party claims.

8.9  Indemnity

You agree to indemnify Can We Book Pty Ltd, its directors, employees, shareholders, agents and other persons involved in the creation of this website for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to Can We Book Pty Ltd via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to negligence, misrepresentation, breach of contract, copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Australian Trade Practices Act 1974 (Cth).

8.10  Governing law and jurisdiction

If a dispute arises regarding these terms of use, the laws of the State of Queensland, Australia will apply. In relation to any such dispute, you agree to submit to the non- exclusive jurisdiction of the courts of the State of Queensland, Australia. If you access this website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.