Booking Terms & Conditions

  • The Guest and Host have been connected via the 360Stayz booking platform regarding the Guest staying at the Host’s property for a short stay (“Booking”).
  • The Guest and Host are bound by the terms in this Agreement, which governs the Booking.
  • The Booking Summary details the fees for the Booking and any applicable House Rules, all of which form a binding part of this Agreement, together with other policies and procedures referenced herein.

Agreement

  • These terms and conditions (“Agreement”) govern the Guest’s occupation of the Host’s Property, which has been booked via the digital booking platform managed by 360Stayz (“Platform”).
  • 360Stayz may update this Agreement from time to time. The version in force at the time the Booking is confirmed applies between the Guest and the Host.

Parties

  • This Agreement is a legally binding contract between the Host and the Guest, as described in the Booking Summary.
  • For the avoidance of doubt, 360Stayz Pty Ltd (“360Stayz”) is only a party to this Agreement where it is necessary to identify the Host to the Guest for enforcement purposes.
  • The Host appoints 360Stayz as its collection agent solely for the limited purpose of accepting payments and, where applicable, processing refunds on the Host’s behalf in accordance with this Agreement and any other applicable terms.
  • If any additional services are agreed to be provided by 360Stayz to the Guest (“Concierge Services”), those will be governed by separate terms between 360Stayz and the Guest, and consistent with the 360Stayz Host Agreement between the Host and 360Stayz.

Property Rights Licence

You are granted an exclusive licence to occupy the Property as set out in the Booking Summary and in accordance with the terms of this Agreement (“Property Rights”).

Nature of Relationship – Short-Term Rental

  • You agree that your Booking relates solely to short-term or holiday accommodation and does not constitute a residential tenancy or long-term lease.
  • If a court of competent jurisdiction determines that this Agreement is not a short-stay arrangement, only the sections necessary to comply with the law will apply, and the remainder of the Agreement will continue in force.

Host’s Obligations

The Host agrees and confirms that:

  • they have the legal right to grant the Property Rights described in this Agreement;
  • entering into this Agreement will not breach any existing agreement relating to the Property (including any lease);
  • any required consents, permits, costs or taxes associated with granting the Property Rights are the Host’s responsibility;
  • the Property listing on the Platform accurately reflects the Property at the time of Booking;
  • the Property complies with all applicable laws and regulations;
  • where required, the Host will provide safety information including fire exits, first aid kit location, smoke and carbon monoxide alarms, and details of gas and water shut-offs;
  • the Host will contact the Guest via the 360Stayz Platform in the first instance, or using the contact details provided in the Booking Summary;
  • the Property will be clean, sanitary and free from rubbish at check-in, with fresh bedding and towels;
  • the Property will have valid insurance cover (including landlord, public liability and contents insurance) for the duration of the Booking, and the Host will handle any claim directly with their insurer with assistance from 360Stayz or the Guest where required;
  • if the Guest reports any issues on check-in or during the stay, the Host will take reasonable steps to resolve them in accordance with clause 13 (“Complaints and Dispute Resolution”); and
  • the Host will not disclose the Guest’s personal details to any third party without the Guest’s consent.

Guest’s Obligations

The Guest agrees to:

  • pay all amounts due under this Agreement, including any additional charges, which may be collected by 360Stayz as the Host’s agent;
  • confirm that neither they nor any permitted guest appear on an exclusion register under relevant short-stay or accommodation laws;
  • provide accurate information throughout the Booking process, including ID verification and guest details, and promptly notify 360Stayz if any information changes;
  • use the Property only for personal short-term accommodation, and not for commercial purposes such as events, photography, or business activities;
  • consent to external security cameras (where installed) being active during the Booking;
  • ensure the number of guests and pets does not exceed that stated in the Booking Summary;
    avoid causing nuisance, disturbance, or unreasonable noise, and understand that noise complaints may result in call-out fees (minimum $1,000 per incident);
  • not damage the Property beyond reasonable wear and tear;
  • comply with all House Rules and any health and safety guidance provided;
  • notify the Host immediately of any issue that may impact health or safety, and contact 360Stayz if the Host is unavailable;
  • comply with all applicable laws and not engage in illegal or improper behaviour at the Property;
  • leave the Property in the same condition it was at check-in;
  • be responsible for their own conduct and that of any guests they invite to the Property;
  • be fully responsible for approved pets and ensure they comply with local animal laws, cause no nuisance, and are not allowed indoors or on furniture unless explicitly permitted;
  • not access locked or sealed cupboards or rooms;
  • not rearrange or move furniture;
  • only contact the Host or 360Stayz using the details in the Booking Summary;
  • not disclose the Host’s personal information to third parties;
  • permit the Host (or their agent) reasonable access to the Property with prior notice, except in emergencies;
  • not transfer this licence to any third party without written approval from the Host;
  • bear the cost of repairs or security changes required as a result of their breach of this Agreement; and
  • not do anything that could invalidate the Host’s insurance.

Parties

  • All Properties have a strict “No Parties” policy.
  • A “Party” means any gathering of unapproved guests beyond those listed in the Booking Summary.
  • If the Host deems a Party has occurred, the Guest may be removed immediately and charged a cleaning fee of $500 and a $3000 fine/penalty.

Booking Amendments

Date change requests are subject to Host approval. Approved changes may incur different rates or new terms.

Cancellation & Refunds

  • If cancelled more than 90 days before check-in, the Host will attempt to rebook the Property. If successful, the Host will refund 80% of the Rent for rebooked nights. Cancellations within 90 days of check-in are non-refundable unless otherwise agreed by the Host and 360Stayz.
  • Cancellation requests must be emailed to [email protected] with the Booking reference and reason for cancellation.
  • The Host or 360Stayz may enforce this Agreement to recover any outstanding amounts despite cancellation.
  • If the Host cancels a Booking, it must be in accordance with their Host Cancellation Terms with 360Stayz, and 360Stayz will liaise with the Guest accordingly.

Authority to Charge

The Guest authorises 360Stayz to charge all amounts payable under this Agreement to the credit or debit card on file, including Concierge Services, unpaid fees, and any applicable taxes or processing charges.

Security Hold & Damage

  • A pre-authorised “Security Hold” (as specified in the Booking Summary) will be placed on the Guest’s card two (2) days prior to check-in. Provided the Property is left in good condition, it will be released approximately five (5) days after check-out.
  • The Guest must notify the Host (or 360Stayz, if the Host is unavailable) of any damage immediately.
  • The Guest authorises 360Stayz to deduct repair costs from the Security Hold if damage beyond fair wear and tear is confirmed.

Overstaying

Guests must vacate the Property by the check-out time stated in the Booking Summary. Overstaying without consent constitutes a breach and may result in:

  • immediate removal from the Property;
  • additional Rent and costs for the extra time; and
  • further legal action, with all costs charged to the Guest.

Complaints & Dispuits

  • Any dispute (“Complaint”) must first be raised in writing. Court proceedings (except for urgent matters) may not begin until this process is followed.
  • The Complainant must provide reasonable details of the issue and request resolution.
  • Both parties must act in good faith to resolve the matter within 14 days.
  • Unresolved disputes may be referred to mediation. If no mediator is agreed upon, the President of the Law Institute of Victoria will appoint one.
  • Parties must attend mediation (including online, if appropriate).
  • This process does not limit any party’s other legal rights.
  • 360Stayz may provide factual assistance in resolving disputes and will comply with any legal obligations regarding notice, but is not required to represent either party.

Release & Indemnity

  • The Guest is responsible for all conduct and activities at the Property and releases the Host from any claims arising during the Booking, except where caused by the Host’s negligence.
  • The Guest indemnifies the Host against any costs, claims, or losses arising from the Guest’s breach of this Agreement.

Release & Indemnity

  • The Guest is responsible for all conduct and activities at the Property and releases the Host from any claims arising during the Booking, except where caused by the Host’s negligence.
  • The Guest indemnifies the Host against any costs, claims, or losses arising from the Guest’s breach of this Agreement.

Termination

This Agreement ends upon:

  • check-out;
  • expiry of any breach notice period; or
  • immediate termination for serious or irremediable breach.

Upon termination, the Host may take reasonable action to remove the Guest, restrict access, and recover associated costs.

Liability

The Host is not liable for:

  • death or injury to Guests or their invitees;
  • damage to personal property; or
  • other losses arising from the Guest’s stay.

The Host’s total liability is limited to the Rent and any Concierge Service fees paid.

Nothing in this clause excludes liability for death or personal injury caused by negligence, or for fraud.

General

  • This Agreement, including the Booking Summary, constitutes the entire understanding between the parties.
  • If any clause is found invalid or unenforceable, the remaining provisions remain effective, with a lawful replacement clause substituted where possible.
  • The Host may subcontract duties under this Agreement while remaining responsible for their performance.
  • This Agreement is governed by the laws of the Australian state or territory in which the Property is located.
  • The Host will not be liable for failure to perform obligations due to causes beyond their reasonable control.