EZYSTAYZ LEGALS
By using this website (Site), you are agreeing to the Terms and Conditions set out below.
Ezystayz is a website offering services (services) to hosts of residences (host/s), allowing them to advertise and let their residences to individuals or groups (guest/s). Ezystayz does not independently verify the residences that are offered and does not make any warranty in respect of them. Having said that, we want our community to have the best experience possible at ezystayz, so if you had or have a problem with a residence, or there has been damage caused to your residence, please email us immediately at info@ezystayz.com.
Ezystayz is owned and operated by Ezystayz Holiday Rentals PTY LTD., which is an Australian registered company, from herein referred to as Ezystayz, we or us. Hosts, guests or other users of the site will be referred to as user/s or the pronoun you.
Introduction
In using the site and its services, you acknowledge and agree:
• That You understand that EzyStayz is a platform that connects Hosts and Guests to facilitate them entering into agreements, and that while EzyStayz charges Users a small commission for providing the platform and other related Services, it is not a party of agreements between the Host and Guest, nor is it a real estate broker, agent or insurer. The parties to any agreement hereby indemnify EzyStayz in respect to any dispute arising out of or in any way connected to the agreement;
• To abide by these Terms and Conditions and the Code of Conduct, and that these terms and the Code apply to You as soon as You participate in the Site or the Services, whether or not you are a registered User;
• That you hereby warrant and agree to the local zoning laws that apply to the relevant residence (and may affect its ability to be let on a short-term basis or at all) and agree to forebear from holding Ezystayz liable for any issues which arise by virtue of local planning or other laws with respect to the residence.
• To abide by the Dispute Resolution Mechanism
• That the Service can only be used by people over the age of 18 years.
• That these Terms and Conditions, the Code of Conduct and other aspects of the Site and its Services may be altered or modified without notice to You and as allowed by law, and that Your only legal recourse against Us in case you do not agree to any alteration or modification is to not use the Site or Services;
• That these Terms and Conditions and the Code of Conduct apply to You whether or not You have registered to use the Site or Services.
• That any contact between people that is facilitated by this Site or its Services is undertaken at the risk of each party and that You understand that EzyStayz does not undertake background checks or otherwise for Hosts or Guests.
• That the email address You have provided when registering either as a Guest or Host is warranted to be Your own, and it is further agreed that an email from EzyStayz to that email address is adequate notice on the day it is sent by EzyStayz.
• That EzyStayz does not endorse any residence or the accuracy of images, unless their verification is otherwise stated on the images themselves.
• That statements made by third parties, Hosts or Guests are attributable to the party making that statement, and that EzyStayz does not warrant any such statements made.
• That EzyStayz cannot be held liable for communications between parties facilitated by the Site and the Services, and in particular that any further contact between parties that meet through the Site or the Services (for example face-to-face meetings) are conducted entirely at the parties' own risk (noting that Ezystayz does not conduct background checks on Users, Guests or Hosts).
Code of Conduct
To keep EzyStayz a safe and welcoming space, we ask that when using the Site and/or the Services You agree:
• To always treat others as you would like to be treated;
• Not to collect any personal information from the Site for any purpose other than to use it in connection with the Services, and not to stalk or harass anyone. Note that We will report any such instances to the appropriate authorities, although we are under no obligation to do so and cannot be held liable for failing to do so;
• Not to upload anything that violates the EzyStayz Copyright Policy;
• Not to upload anything which is defamatory, pornographic or offensive;
• Not to upload anything which is, or which promotes actions that are, discriminatory (including without limitation racist, sexist or on grounds of sexuality);
• Not to be violent or make threats, or promote or encourage others to be so;
• To obey the law, including the direction of any court.
• Not to breach the Site's security or attempt to do so by any means;
• That You will not upload the Site or any of its contents, or use Our name or logo without our written consent to do so;
• Not to create a database or directory of data (or anything similar) from the Site by any means, or otherwise store content that is on the Site;
• Not to use the Site in connection with any advertisements or other matters not related to letting or renting a private residence;
• Not to upload a negative comment in public, without giving a relevant party a reasonable chance to first respond to the comment in private, via the Site's Dispute Resolution Mechanism
• Not to damage or interfere with the Site;
• To use the site only in connection with the Services and not for any other commercial purpose;
• Not to infringe the rights of others, including without limitation their intellectual property and reputational rights;
• Not to contact another person using the Site or the Services, including without limitation any Host or Guest, except in connection with the Site and the Services for legitimate purposes only.
Dispute Resolution Mechanism
After using the Services, You agree to be bound by the following dispute resolution process. Any disputes are to be governed by the laws of New South Wales and Australia. If You have a problem with any services offered within or related to the Services, You must at first instance notify Us at the email address: info@ezystayz.com. We will undertake to resolve any dispute within 14 days as per the Site's Dispute Resolution Process, but You must agree to give us further time if We reasonably request it. The above does not affect Your rights to any injunctive or equitable relief to protect your intellectual property or reputational rights. If Your dispute is unable to be resolved by EzyStayz within a reasonable time, EzyStayz reserves the right (but will not be obliged) to appoint an independent arbitrator to make a determination. You agree to be bound by the decision of the arbitrator. Without limiting any other rights available to EzyStayz, You agree that EzyStayz can remove You as a registered user, block Your use of the site, or take any other action We consider appropriate if We determine, in our sole and absolute discretion, that You have breached these terms and/or the Code of Conduct.
Further Obligations of Owners
In addition to being bound by these Terms and Conditions and the above Code of Conduct, Hosts also agree:
• To indemnify EzyStayz with respect to any issue which arises in respect to the stay at the residence, including (i) personal or other injury; (ii) disappointment or unhappiness with the residence; (iii) misleading or deceptive conduct; (iv) other consequential or losses arising from the Guest's use of Your residence;
• Not to submit a listing with a misleading or deceptive price, including without limitation a price which You will not accept;
• Not to offer any premises or residence on the Site which You do not have permission to offer, including without limitation because You do not have an interest in the premises or residence which enables You to offer it (e.g.: you are a tenant, not an owner) or because of local planning restrictions. Further, You positively warrant to Us that You are entitled to offer and let the residence;
• Not to register to use the Site, or list any residence, on behalf of any individual without Our express written consent. Authorized representatives may list residences on behalf of corporations without seeking such consent.
• You are responsible for any listing you make on the Site, and You warrant and agree that any listing You make does not breach any agreement you have with any third party, local planning or other law, and further You hereby indemnify EzyStayz in respect to any such breach;
• Once you register your account on EzyStayz, You accept all liability for all data and content uploaded or already existing on the Site in respect to Your profile or properties, and further that You indemnify and hold harmless EzyStayz in respect to all claims, actions, damages, costs and expenses, including legal fees, connected to such data and content.
• You are letting the residence at Your own risk and are responsible for any breach of duty to any Guest or third party at the residence, and further You hereby indemnify EzyStayz in respect of any such breach.
Further Obligations of Guests
In addition to being bound by these Terms and Conditions and the above Code of Conduct, Guests also agree:
• To indemnify EzyStayz with respect to any issue which arises during their stay at the residence, including (i) personal or other injury; (ii) disappointment or unhappiness with the residence; (iii) misleading or deceptive conduct; (iv) other consequential or losses arising from their use of the residence;
• Not to cause any damage to a residence and to leave it in a clean and tidy state, as close as possible to the state in which it was found;
• In respect of damage to a residence that:
- i. If You do cause damage to any residence, You will immediately notify the Host.
- ii. If We find that You are liable for damage to a residence, We are authorized to pay for that damage using the credit card You have provided to us.
Further Limitation of Liability and Indemnity
If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:
• To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the Services again or payment of the costs of having those Services supplied again.
• We accept no liability for any loss whatsoever, including consequential loss suffered by you arising from Services we have supplied.
• We do not accept liability for anything contained in the post of a User or in any form of communication which originates with a User and not with Us.
• We do not participate in any way in the transactions between our Users.
• By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses, including legal fees, arising from or in connection with Your use of our website.
Damage to Residences
The agreement between a Host and Guest is an agreement between those parties and EzyStayz is not a party to that agreement. However, and without limiting those parties' rights, EzyStayz does offer the Dispute Resolution Mechanism for the purposes of resolving disputes between the parties. The parties of an agreement which utilize the Site and the Services hereby agree to attempt to resolve any dispute with respect to damage to the premises by using the Dispute Resolution Mechanism. Any damage alleged by a Host must be notified to the Guest within 14 days of the end of any stay. If there is a dispute as to the damage, including without limitation as to the cost of rectification, the party disagreeing with any allegation or cost must notify Us within 14 days of any disagreement. If a Host makes an allegation of damage and a Guest does not dispute the allegation to the Host or Us within 14 days, the Guest unconditionally and irrevocably authorizes Us to pay the amount alleged to the Host from the credit card details provided to Us, and without limiting any other rights the Guest may have at law, indemnifies Us against any claim arising from such payment.
EZYSTAYZ FINANCIALS
Financial – General
You agree that:
• If You make a booking, or receive notice of a booking, an agreement in respect of that booking is not reached until that booking has been accepted.
• Once an agreement is reached, You authorize EzyStayz to act as Your sole and exclusive agent in respect of that booking. This means that payment in respect of any booking must be made via EzyStayz. In consideration of that service, EzyStayz will be entitled to charge a commission (EzyStayz Commission) which You must pay.
• EzyStayz is responsible for its own taxes in respect of the Services, however is not liable for Your taxes. You hereby agree to indemnify EzyStayz with respect to any claims related to tax for which You may be liable.
• Any refunds or cancellations will be dealt with in accordance with the terms below.
• If a court determines that EzyStayz has any liability to You with respect to anything arising from the Site or the Services, and as far as is permitted by law, that liability is hereby limited to $200 and You hereby indemnify EzyStayz with respect to any liability above that amount.
Financial – Guests
As a Guest or prospective Guest, you hereby understand and agree:
• You are entering into an agreement with the Host in respect of the residence and Your stay at it, and hereby indemnify EzyStayz in respect of any claim or dispute arising out of that agreement. EzyStayz hereby disclaims any liability in respect of that agreement to the full extent allowed by law.
• EzyStayz is entitled to charge the EzyStayz Commission at the time of payment.
• If a security deposit is requested by the Host, EzyStayz is authorised to hold that deposit on Your behalf and deduct a reasonable administration fee when remitting the amount of the deposit payable to You (less any charges or other expenses determined to be payable from it) (EzyStayz Administration Fee).
• As soon as a booking is confirmed, EzyStayz will immediately process the payment.
• If You cancel a booking:
- i. Before it has been confirmed by an Host, EzyStayz will refund all payments made by you in respect of that booking;
- ii. After it has been confirmed by an Host, any refund by the Host shall be paid in accordance with that Host's Cancellation Policy (notified to You at the time of booking). EzyStayz will be entitled to charge the EzyStayz Commission and/or the EzyStayz Administration Fee on cancelled bookings.
Financial – Hosts
As a Host, You hereby understand and agree that:
• You are entering into an agreement with the Guest in respect of Your residence and the Guest's stay, and hereby indemnify EzyStayz in respect of any claim or dispute arising out of that agreement. EzyStayz hereby disclaims any liability in respect of that agreement to the full extent allowed by law.
• EzyStayz assumes no liability in acting as Your sole and exclusive agent in respect of payments and You hereby indemnify EzyStayz in respect of any errors (whether the fault of EzyStayz or not) in so acting to the full extent permitted by law.
• payments to you by EzyStayz can only be made upon receipt of those funds from Guests, and that EzyStayz cannot be held liable for any non-payment by a Guest;
• If You cancel a booking, EzyStayz will be entitled to:
- 1. Charge You the EzyStayz Commission and/or the EzyStayz Deposit Administration Fee;
- 2. Block any of Your listings and/or cancel Your registered account;
- 3 Publish a review under any of Your listings to the effect that You have in the past cancelled confirmed bookings; and/or
- 4. Take any other measure reasonably available to Us.
• If the Guest cancels a confirmed booking, EzyStayz will act as Your agent in implementing any refund policy which you have agreed with the Guest (which is confirmed at the time of booking). However, You hereby agree that EzyStayz must act in accordance with any reasonable direction of any authority with respect to any cancellation or refund and that EzyStayz will not be liable to You for any losses arising from such direction.
• You are liable for any of Your own taxes in respect of the bookings made or agreements reached with any Guest.
Foreign exchange
Any foreign exchange by the Site or the Services is powered by Brain Tree Payments and governed by their terms [link]. EzyStayz disclaims any liability with respect to foreign exchange as far as is permitted by law.
Third party payments
Some third parties that You utilize in making bookings and payments (e.g.: Your bank or financial institution) may charge You, and EzyStayz disclaims any liability with respect to those charges.
Entire agreement
These terms, the Code of Conduct, the EzyStayz Copyright Policy, the Ezystayz Privacy Policy and the EzyStayz Refund Policy constitute the entire agreement between You and EzyStayz.
Assignment
You cannot assign the above Terms and Conditions without Our prior written consent.
EzyStayz Copyright Policy
By uploading content or comments to the Site, You warrant and agree that:
• You own the content or are authorised to post the content by or on behalf of the owner of that content;
• The posting and use of the content on or through the Site does not violate, misappropriate or infringe on the rights of any third party, including without limitation privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
• EzyStayz is unconditionally and irrevocably licensed to use any content posted to or uploaded to the public sections of the Site.
EzyStayz and/or its affiliates are owners or lawful licensees of all content (including but not limited to designs, logos, colour schemes, graphic styles, texts, images, sounds and videos) displayed on this website. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of EzyStayz, and may not be copied, imitated or used, in whole or in part, without prior written permission from EzyStayz. Any unauthorized copying, publication, reproduction or distribution of copyrighted works and content is prohibited. Any person owning intellectual property who discovers infringement of their rights on the Site should immediately report the alleged infringements to EzyStayz at info@ezyStayz.com.
EzyStayz Privacy Policy
A copy of the EzyStayz Privacy Policy is available here.
Severability
If any of these terms, or the terms of any policy of Ours, is ruled to be void for any reason, that term shall be severed and the rest of the terms shall remain in force.
Feedback, Comments or Suggestions
We would love to hear back from you with regards to any feedback, comments or suggestions. Please send an email to info@ezyStayz.com.
Host Assurance Terms and Conditions
Please note: These Host Assurance Terms contain an arbitration clause and class action waiver which applies to all EzyStayz Members. If you reside in Australia, this provision applies to all disputes with EzyStayz. If you reside outside of Australia, this provision applies to any action you bring against EzyStayz in Australia and it affects how disputes with EzyStayz are resolved.
By accepting these Host Assurance Terms, you agree to be bound by this arbitration clause and class action waiver.
Please read these Host Assurance Terms carefully as they contain important information about your legal rights, remedies and obligations. By posting a Listing or otherwise using the EzyStayz Platform, you agree to comply with and be bound by these Host Assurance Terms.
Last Updated: June 27, 2017
Hosts may benefit from the EzyStayz Host Assurance program (the “EzyStayz Host Assurance”), which is subject to these terms and conditions (the “Host Assurance Terms”). The Host Assurance Terms apply in addition to EzyStayz’ Terms of Service (“EzyStayz Terms”) and the Payments Terms of Service ("Payments Terms").
All capitalised terms shall have the meaning set forth in the EzyStayz Terms and Conditions, unless otherwise defined in these Host Assurance Terms. If you agree to these Host Assurance Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Host Assurance Terms. In such an event, “you” and “your” will refer and apply to that company or other legal entity.
I. The EzyStayz Host Assurance
EzyStayz agrees to pay you, as a Host, to repair or replace your Covered Property (as defined below) if it is damaged or destroyed as a result of a Covered Loss (as defined below) and subject to the limitations, exclusions and conditions set out in the Host Assurance Terms.
Please be aware that you MUST comply with all of the requirements and conditions set out in these Host Assurance Terms in order to be eligible to receive any payments for Covered Losses. Please carefully review the definitions of “Covered Accommodation,” “Covered Losses,” “Covered Property” and “Excluded Property” below so that you can identify and adequately protect property which is not covered by the EzysSayz Host Assurance.
As a host, you must agree to communicate with the Responsible Guest (as defined below) as soon as possible after you discover any physical loss or damage to your Covered Property. You must notify EzyStayz, as well as the Responsible Guest, about your complaint and attempt to resolve the loss or damage with the Responsible Guest within either (i) fourteen (14) days of the check-out date, or (ii) before your next guest checks in, whichever comes first. This obligation may be met by submitting a claim via the EzyStayz Resolution Centre.
You must also acknowledge and agree that any amount of Covered Losses payable to you under the Ezystayz Host Assurance will be reduced amounts already collected for the same Covered Losses from another source. These may include without limitation: (i) amounts received under an insurance policy, Assurance or indemnity; (ii) a security deposit on your EzyStayz listing; or (iii) payment directly by the Responsible Guest, an Invitee (defined below), or another party or an insurer or guarantor of that party.
II. Key Defined Terms
The following capitalised terms will have the following meanings herein:
“Actual Cash Value” means the monetary amount it would cost to repair or replace damaged or destroyed Covered Property as a result of a Covered Loss. This is to be measured on the date of occurrence of the Covered Loss (with material of similar type and quality) and with proper deduction for physical depreciation.
“EzyStayz Host Assurance Payment Request Form” means EzyStayz’ standard form (which may be amended from time to time) which is accessible through the Resolution Centre or by contacting our Customer Service Team directly, and that is used by a Host to request payment from EzyStayz in accordance with these EzyStayz Host Assurance Terms.
“Booking Income Loss” is the loss of booking income from Covered Accommodation (according to EzyStayz confirmed bookings, contracts or agreements in force prior to the established time of a Covered Loss) by you, as a Host, resulting from the Covered Loss. Booking Income Loss does NOT include non-continuing charges and expenses or any loss of booking income during a period in which the Covered Accommodation would not have been tenantable for any reason other than a Covered Loss. The Booking Income Loss will be measured starting from the time the Covered Loss occurred and ending when the Covered Accommodation can be made suitably ready for habitation under equivalent physical and operating conditions that existed prior to the damage.
“Covered Accommodation” means an Accommodation located in the Territory that can be used as a residence and that is (i) owned or legally controlled by you as a Host during the period of the Responsible Guest’s stay at such Accommodation and (ii) listed by you on the EzyStayz Platform and booked by such Responsible Guest in compliance with the EzyStayz Terms. Vehicles (including, but not limited to, automobiles, scooters, vespas and motorcycles) or watercraft (including, but not limited to, boats, yachts and jet skis) which are booked through EzyStayz constitute a “Covered Accommodation” only if they are stationary and used solely for lodging purposes.
“Covered Losses” means direct physical loss or damage to a Host’s Covered Property caused by the Responsible Guest (or an Invitee of the Responsible Guest) during a stay booked through EzyStayz. Covered Losses do not include any losses or damage described under the Excluded Losses outlined below.
“Covered Property” means property located at a Covered Accommodation (or within 1,000 feet thereof), unless such property constitutes Excluded Property, as defined below:
Real property, including new buildings and those under construction located at the site of your Covered Accommodation and in which you have an insurable interest.
B. Personal property that is:
Property owned by you, including your interest as a tenant in improvements to a property
Property which is not owned by you, but in your custody and under which you are obliged to keep insured for physical loss or damage.
Property which is not owned by you, but in your custody and for which you have a legal liability for physical loss or damage to the property.
“Excluded Property” means any of the following:
Currency, money, precious metal in bullion form, notes or securities.
Land, water or any other substance in or on the land. (N.B. This exclusion does not apply to (i) landscape gardening, roadways and pavements or (ii) water that is contained within any enclosed tank, piping system or any other processing equipment).
Animals, including both livestock and pets.
Standing timber or growing crops.
Watercraft (including boats, yachts and jet skis), aircraft, spacecraft and satellites. (N.B. The watercraft exclusion does not apply to that which is a Covered Accommodation, but does apply to vessels which are in transit at the time of loss or more than 10 feet from their usual fixed location).
Vehicles (including automobiles, scooters, vespas and motorcycles). (N.B. The vehicle exclusion does not apply to that which is a Covered Accommodation, but does apply to vessels which are in transit at the time of loss or more than 10 feet from their usual fixed location).
Underground mines or mine shafts (or any property within such mine or shaft).
Dams, dikes and levees.
Transmission and distribution lines beyond 300 metres of the Covered Accommodation.
Real property owned by a party other than you and that you do not control.
“Fine Arts” which include paintings, etchings, printed photos, pictures, tapestries, rare or art glass, sculptures, antique furniture and jewellery, bric-a-brac, porcelains, and similar property of rarity, historical value or artistic merit. “Fine Arts” does not include automobiles, coins, stamps, other collectibles, furs, jewellery, precious stones, precious metals, watercraft, aircraft, money or securities.
“Invitee” means a person invited to be present at a Covered Accommodation by a Responsible Guest.
“Limit” means five thousand Australian dollars (AUD $5,000) or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by EzyStayz under these EzyStayz Host Assurance Terms.
“Ordinary Wear and Tear” means the deterioration of property which occurs under normal use and conditions.
“Responsible Guest” means the Guest who booked your Covered Accommodation for the period during which you incurred the Covered Losses.
“Territory” means the countries where EzyStayz allows Accommodation and the Host Assurance is available.
III. Limitations and Exclusions
The EzyStayz Host Assurance covers the payment of Covered Losses only and does not pay for any of the following (“Excluded Losses”):
losses caused by a Guest or Invitee after the booking period has expired (as shown in the applicable Listing).
losses or damages for Covered Property in excess of the Limit.
losses or damages of Fine Arts which cannot be replaced and any loss or damage from repairs, restoration or retouching process.
losses, damages or expenses which are directly or indirectly caused by, relating to or resulting from any of the following:
enforcement of any law or ordinance (i) regulating the construction, repair, replacement, use or removal of any property, including removal of debris, or (ii) requiring the demolition of any property, including the cost of removing its debris;
animals, including injuries to animals, veterinary care, boarding and medications
identity theft or identity fraud
any losses, damages, cost or expenses which are directly or indirectly caused by or resulting from any of the following:
any hostile act or act of war, terrorism, insurrection or rebellion;
actual or threatened malicious use of poisonous biological or chemical materials;
nuclear reaction or radiation or radioactive contamination;
seizure or destruction under quarantine or custom regulation, or confiscation by order of any governmental or public authority;
contraband, illegal transportation or trade;
any dishonest act committed by you or entities retained by you to do anything in connection with Covered Property, except a Responsible Guest or Invitee who conducts such act without your knowledge;
lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors.
the following conditions:
any losses, damages, claims, costs, expenses or other sums directly or indirectly arising out of or relating to mould, mildew, fungus, spores or other microorganism of any type, nature or description, including but not limited to any substance whose presence poses an actual or potential threat to human health. N.B.
This exclusion applies even if there is:
Costs arising out of the loss of, damage to or corruption of Electronic Data will not be paid. “Electronic Data” means information, facts or programs which are created or used on/transmitted to or from any Electronic Media. “Electronic Media” means computer software, including systems and applications software, hard or floppy disks, CDROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
IV. Conditions to the EzyStayz Host Assurance
In order to be eligible to obtain payment under these Host Assurance Terms, you must fully comply (and demonstrate your compliance) with each of the following conditions:
You must have incurred Covered Losses.
You must inspect the applicable Covered Accommodation for any physical losses or damages to Covered Property and notify EzyStayz of such losses or damages within the earlier of
For all Covered Property which is damaged or destroyed due to a violation of law or criminal act (and for which you are filing an EzyStayz Host Assurance Payment Request Form), you must file a police report listing such Covered Property and provide EzyStayz with a copy of the report which has been certified by you.
You must provide EzyStayz with proof of ownership or legal responsibility for the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including appraisal or valuation forms or notices addressed to you) which have been certified by you as true and correct and are reasonably acceptable to EzyStayz.
Within thirty (30) days after you have incurred a Covered Loss, you must (i) complete and file an EzyStayz Host Assurance Payment Request Form and (ii) deliver a signed and sworn proof of loss to us which states your knowledge and belief as to the following:
• The time, cause and origin of the Covered Loss.
• Evidence and proof of the Covered Loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
• The ownership or leasehold of you and all other parties in the Covered Property for which the Covered Loss is being claimed.
• The Actual Cash Value and replacement value of each item of the Covered Property. The amount of loss or damage to each item of the Covered Property.
• All liens, encumbrances, mortgages, Assurances and other contracts of insurance covering the Covered Property at which the Covered Loss occurred.
• Any changes in the title, use, occupation, location, possession or exposures of the Covered Accommodation since the date of the Listing.
The identity of the Responsible Guest and any Invitees or other parties present at or using the Covered Accommodation on the date of Covered Loss where the Covered Property is located and the purpose for which the Covered Accommodation was being used by all associated parties.
The date when you contacted the Responsible Guest to request payment for the loss you are claiming and the date the Responsible Guest declined or failed to pay for the loss.
You must provide EzyStayz with all information it reasonably requests in order to determine the Actual Cash Value with respect to the Covered Property, including the original purchase price of the Covered Property, the date the Covered Property was acquired, the condition of the Covered Property and the estimated cost of repair or replacement of such Covered Property.
You must protect and preserve damaged Covered Property from further loss or damage and promptly separate the damaged and undamaged Covered Property.
If reasonably requested by EzyStayz or its designees, you must exhibit what remains of any damaged Covered Property and sign the written records of examination; provide books of accounts, business records, bills, invoices and vouchers (either originals or certified copies if originals are lost) and permit extracts and machine copies to be made of the above.
You must permit EzyStayz or its designee(s) to make inspections of the Covered Property at all reasonable times.
You must cooperate with EzyStayz, including signing any documents and responding to any reasonable requests for additional information or documentation in a timely manner to help process the applicable EzyStayz Host Assurance Payment Request Form.
Regarding Covered Property which is subject to a loan, mortgage or other security interest, you must notify your lender/mortgagee in writing of any loss and provide EzyStayz with a copy of such notice. If the lender/mortgagee notifies you that they seek insurance and/or reimbursement proceeds for the loss, you must notify EzyStayz in writing of such a request and transmit a written copy of said request to EzyStayz, as well as provide information to enable EzyStayz to communicate directly with the lender. If such loss is determined to be a Covered Loss, we will pay the loss benefit(s) to the lender up to the value of the mortgage (subject to the exclusions, limitations and conditions herein). We will not pay you unless and until your monetary obligation to the lender/mortgagee have been satisfied. This condition applies to the extent of applicable law in your jurisdiction.
You will have full rights to the possession and control of damaged Covered Property if proper testing is done to show which property is physically damaged. Using reasonable judgment, you will decide if the physically damaged Covered Property can be reprocessed or sold. If you determine that the Covered Property is unfit for reprocessing or sale, the property will not be sold or disposed of, except by you or with your consent. Proceeds from the sale or other disposition of such Covered Property will go to (i) EzyStayz’ insurer at the time of the Covered Loss settlement, or (ii) you, if the sale or disposition proceeds are received prior to the Covered Loss settlement and any proceeds will reduce the amount of the Covered Loss payable to you.
V. Disposition of Host Payment Requests
EzyStayz Host Assurance Payment Request Form
EzyStayz will complete its processing of any EzyStayz Host Assurance Payment Request Form that you file within a reasonable period following the date you have (a) completed and filed an EzyStayz Host Assurance Payment Request Form, and (b) provided EzyStayz with all information and materials that are required to comply with the conditions set forth in “Conditions to the EzyStayz Host Assurance” above. EzyStayz will make all reasonable efforts to complete processing of your EzyStayz Host Assurance Payment Request Form within three (3) months after our receipt of such documents and information. If you receive an Approved Payment Request (as defined below), then as a condition of payment under the EzyStayz Host Assurance, you will be required to complete the “EzyStayz Host Assurance Approved Payment Request Agreement”. In this you agree:
• To assign to EzyStayz or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an Approved Payment Request (defined below) from the Responsible Guest or from an Invitee or from any other party that is financially responsible for the Approved Payment Request;
• To reasonably cooperate with us, including (if requested) appearing as a witness in any court, arbitration or like proceeding, if we seek to recover the amount paid to you as part of an Approved Payment Request from the Responsible Guest or from an Invitee or from any other party;
• To release and hold harmless EzyStayz and its insurer and all officers, directors, employees, contractors and agents of EzyStayz from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the EzyStayz Host Assurance Payment Request Form.
• To treat (if requested) as “confidential information” the amount of any payment made under the EzyStayz Host Assurance; and
• To refund to us any amounts in excess of the Covered Loss in the Approved Payment Request due to a systems or payment processing error.
The processing period duration of any EzyStayz Host Assurance Payment Request Form that you file will depend on factors that include, but are not limited to: (i) the amount of payment that you are requesting for the Covered Loss; (ii) the location of the Covered Accommodation; (iii) the nature of the Covered Property and the nature of the Covered Losses; (iv) the type of documentation and information that you provide EzyStayz regarding the Covered Losses and its completion; and (v) the number of EzyStayz Host Assurance Payment Request Forms that are currently being processed for other Hosts.
Approved Payment Request
If you have filed an EzyStayz Host Assurance Payment Request Form and such a payment request is approved in whole or in part for a Covered Loss (an “Approved Payment Request”), you will be paid the amount of the Covered Loss as calculated by EzyStayz or its designees. The process for calculating Covered Losses is described under “Determination of the Amount of the Covered Loss” below. You will be notified by EzyStayz and (as a condition of payment) you will be required to deliver to EzyStayz an Approved Payment Request Agreement.
EzyStayz may use third party service providers to assist in the processing of the EzyStayz Host Assurance Payment Request Forms and in the investigation and adjustment of payment requests.
For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than you, EzyStayz reserves the right to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of the Covered Property. If an EzyStayz Host Assurance payment is made directly to the owner of such Covered Property, then you agree that such payment will be treated as being paid to you directly and you will be solely responsible for collecting from the owner of such Covered Property any portion of the payment to which you believe you are legally entitled.
Determination of the Amount of the Covered Loss
The amount of Covered Losses will be computed as of the date of loss, at the location of the loss, and subject to the following:
On exposed films, records, manuscripts, drawings, and Electronic Media, the value blank plus the cost of copying information from back-up or from originals of a previous generation. Costs of research, engineering, or restoring or recreating lost information or Electronic Data will not be paid.
On Fine Arts articles, the lesser of
(i) The reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss;
(ii) The cost to replace the article; and
(iii) The current appraised value. If the Fine Arts article is part of a pair or set, you will not be paid
For all Covered Property (other than that described in paragraphs 1 and 2 above), the loss amount will be the lesser of (i) the Actual Cash Value; (ii) the cost to repair such damaged Covered Property; (iii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind and quality; (iv) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of the Covered Loss; or (v) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment and Electronic Media, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement.
Any amount of any Covered Losses payable under the EzyStayz Host Assurance will be reduced by the amount already paid to you or for your benefit by a Responsible Guest, Invitee or other source (such as an insurer) for the same Covered Loss.
Covered Losses will be paid in the currency of Australia unless (at EzyStayz’ sole discretion) EzyStayz elects to pay losses in a different currency. If currency conversions are required, we use a base exchange rate using data from one or more third parties.
VI. Acknowledgments and Agreements by the Host
You acknowledge and agree that:
The EzyStayz Host Assurance is dependent upon you pursuing any rights and remedies you may have to recover amounts paid by EzyStayz to you in regards to an Approved Payment Request from the Responsible Guest or from an Invitee or any other party that is financially responsible for the Approved Payment Request.
EzyStayz’ Host Assurance Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract.
The benefits provided under these Host Assurance Terms are not assignable or transferable by you, including (without limitation) any transfer or assignment by operation of law or in connection with your divorce or death.
EzyStayz and/or its insurer reserve the right to independently investigate at our sole discretion and expense the facts and circumstances of a payment request set forth in any EzyStayz Host Assurance Payment Request Form.
You acknowledge and agree that if you make a claim under this Host Assurance, you give EzyStayz consent to review all communications between you and the allegedly Responsible Guest via the EzyStayz Platform.
At any time, Ezyatayz reserves the right to offset or deduct from the amounts payable to you under these Host Assurance Terms or to subsequently collect from any other person or entity who is obligated to compensate you for losses or damages.
Because these Host Assurance Terms constitute an Assurance agreement, the theory of exoneration applies.
VII. Modification or Termination of Ezystayz Host Assurance Terms
To the extent permissible by applicable law in your jurisdiction, EzyStayz reserves the right to modify or terminate these Host Assurance Terms at any time and at its sole discretion.
If EzyStayz terminates these Host Assurance Terms, EzyStayz will provide you with notice by email at least thirty (30) days before such termination and EzyStayz will continue to process all EzyStayz Host Assurance Payment Request Forms that you filed prior to the effective date of termination. However, your right to file any new EzyStayz Host Assurance Payment Request Forms will immediately terminate.
If EzyStayz modifies these Host Assurance Terms, we will post the modification on the EzyStayz Platform and will continue to process all EzyStayz Host Assurance Payment Request Forms that were filed prior to the effective date of the modification.
In addition to the rights set forth in the immediately preceding paragraph, EzyStayz reserves the right to modify or terminate these Host Assurance Terms if:
If EzyStayz modifies or terminates these Host Assurance Terms in regards to any of the above, EzyStayz will process all EzyStayz Host Assurance Payment Request Forms that were filed prior to such modification, unless such processing is prohibited by law, regulation, ordinance, order or decree of any governmental or other authority.
VIII. Subrogation
EzyStayz and/or EzyStayz’ insurer have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you. You must hereby agree that, with respect to any payments made under the EzyStayz Host Assurance, you will assist in and cooperate fully with EzyStayz regarding any and all efforts at subrogation.
IX. Disclaimers and Limitations of Liability
If you choose to use the EzyStayz Platform as a Host, you do so at your sole risk. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the EzyStayz Platform (and your listing of any Accommodations via the EzyStayz Platform) remains yours. Neither EzyStayz, nor any other party involved in creating, producing or delivering the EzyStayz Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or for any damages associated with
Except for EzyStayz obligation to pay amounts to you pursuant to an Approved Payment Request under these Host Assurance Terms, in no event will EzyStayz have liability arising out of or in connection with
If you reside in the EU, EzyStayz is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors or other vicarious agents. The same applies to the assumption of Assurances or any other strict liability, or in case of a culpable injury to life, limb or health. EzyStayz is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors or other vicarious agents. Essential contractual obligations are such duties of EzyStayz in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract, but the amount shall be limited to the typically occurring foreseeable damage.
X. Dispute Resolution and Arbitration Agreement
This Dispute Resolution and Arbitration Agreement shall apply if you
Overview of Dispute Resolution Process.
EzyStayz is committed to participating in a consumer-friendly dispute resolution process. These Host Assurance Terms provide for a two-part process: (1) an informal negotiation directly with EzyStayz customer service team, and (2) a binding arbitration administered by the Department of Fair Trading.
Arbitrators must be neutral and no party may unilaterally select an arbitrator;
Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
Parties retain the right to seek relief in small claims court for certain claims, at their option;
The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
Pre-Arbitration Dispute Resolution and Notification.
Prior to initiating an arbitration, you and EzyStayz each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us and you can contact EzyStayz Customer Support Team by emailing us. If (after a good faith effort to negotiate) one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the Department of Fair Trading.
Our invite hosts needs to be updated so that each host earns $100US or equivalent for their first 25 requests
Host Referral Program T&C - Referring Host
PLEASE NOTE THAT THE EZYSTAYZ TERMS OF SERVICE AND PRIVACY POLICY AGREED TO BY YOU APPLY TO YOUR PARTICIPATION IN THE HOST REFERRAL PROGRAM AND YOUR USE OF THE HOST REFERRAL DASHBOARD AND OTHER TOOLS AND WEBSITES PROVIDED BY EZYSTAYZ. THESE PROGRAM TERMS AND CONDITIONS (“TERMS”) SUPPLEMENT THE EZYSTAYZ TERMS OF SERVICE AND PRIVACY POLICY. PLEASE CONSULT THE EZYSTAYZ TERMS OF SERVICE AND PRIVACY POLICY BEFORE AGREEING TO THESE ADDITIONAL TERMS AND CONDITIONS.
Last Updated: February 7, 2018
Description of the Program
The EzyStayz Host Referral program (“Program”) allows invited EzyStayz Hosts to earn money (see Payment section below) by referring new Hosts (“Referred Hosts”) to EzyStayz to create listings or activate existing listings for the first time and successfully complete bookings. Only Hosts who have already accepted at least one reservation and had a “Completed” booking are available to participate. A “Completed” booking is one that is accepted by the Referred Host and paid for by the Guest and not cancelled by either the Guest or the Referred Host at any time.
Referred Hosts will be attributed after being invited by a Referring Host. Referring Hosts can only get Payment for the first 25 Hosts they refer under this Referral Program who Complete their first booking in line with these Terms.
Referring Hosts must agree to these Terms to participate and the Program cannot be combined with other EzyStayz referral programs or incentives. When you refer a Host, they will see your EzyStayz listing and profile on the landing page of your Referral Link.
Use of the Dashboard
You agree that you will not use the Host Referral Dashboard (“Dashboard”) for any purpose other than tracking your own progress (and the progress of others in your geographic area) and will respect the privacy of others and comply with any applicable laws.
Term
This Program will run until EzyStayz posts a message on this page that the Program is no longer in effect. You will still receive payment for the referral if a Host that you Referred before the end of the Program gets their first booking.
Your referrals
You agree to (i) use best efforts to refer Referred Hosts to create and activate listings located; and (ii) educate Referred Hosts on how to use the EzyStayz platform, including how to accept bookings through the EzyStayz platform, by pointing them to resources at ezystayz.com. You may not represent yourself as an employee, intermediary or agent or as being authorised to bind the Company. You may not create materials (including business cards, websites or email addresses) bearing Company branding or that imply any affiliation or agency relationship between you and EzyStayz. You must state that you are a Referring Host who is encouraging Hosts to list on EzyStayz.
You agree and represent that you will use referral method