Terms & Conditions of Service
(Last update 12/10/2019.)
1. Who are we?
House In Paradise ( "us", "we" or “our” as the context requires) is a Italian business providing marketing services on behalf of the hosts through the online platforms Airbnb and Homeaway.
House In Paradise is a private company registered in Italy with Partitva Iva 04467930279 and Codice Fiscale SMNLSN86L25L736O.
Our company details, including correspondence address, email and phone number, are available on the website www.houseinparadise.co
2. These Terms
These terms and conditions ("Terms") govern your access to and use of the House In Paradise Services, together with our privacy policy, constitute a legal agreement between you and House In Paradise. By using the House In Paradise Services, you are confirming that you have read, understood and agreed to these Terms and those of the privacy policy.
We may amend these Terms at any time at our discretion. If these Terms are amended, we shall display the revised terms and conditions on our website and you will be deemed to have accepted any amendments if you continue using the House In Paradise website after the amendments are displayed.
If you do not accept all of these Terms then you should not use the House In Paradise Website.
3. Using the House In Paradise Service
You may only use the House In Paradise services in compliance with applicable laws and for legitimate purposes. In particular, you shall not:
a) use the House In Paradise service for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with House In Paradise;
b) use the House In Paradise website for any commercial purpose or in any manner which may cause damage to House In Paradise or bring House In Paradise into disrepute;
c) copy, distribute, communicate to the public, sell, rent, lend any service received by House In Paradise;
d) introduce onto, or transmit via, the House In Paradise website any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock;
e) remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the House In Paradise website or pass off or attempt to pass off the House In Paradise service as the product of anyone other than House In Paradise;
Where you sign up to any feature of, or use, the House In Paradise website that requires the use of a log-in account or password, you agree that you shall be responsible for keeping those password and log-in details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know as soon as you can.
To the extent that any element of the House In Paradise service is hosted on a third party website (for example, Facebook or another social media website) and there are separate terms and conditions of use relating to that third party website, you agree to fully comply with such terms and conditions.
4. Sharing information with us
We take your privacy seriously and operate at all times in accordance with applicable data protection laws. You acknowledge that any personally identifiable information which you submit to or via the House In Paradise website and/or email may be used by us in accordance with our privacy policy. You agree to ensure that all personally identifiable information you provide to us is accurate and up to date and that you have obtained all consents, licenses or approvals necessary to enable us to use that information in accordance with these Terms and with our privacy policy.
5. House In Paradise's property
Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the House In Paradise website are owned by or licensed to House In Paradise.
6. Other people’s property
We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on the House In Paradise website, please send a written notification of such infringement to the address stated at the beginning of Terms marked for the attention of our ‘Manager’.
7. Price accuracy and warranty disclaimer
Your use of the House In Paradise service is entirely at your own risk.
We provide the House In Paradise service on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that the House In Paradise service (a) is accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; or (d) are secure or are free from errors, faults, defects, viruses or malware.
8. Limitations and exclusions of liability
These Terms set out the full extent of House In Paradise's obligations and liabilities in respect of the House In Paradise website.
In no way House In Paradise is responsible of the actual income you receive every month by renting out one or more rooms, or entire house short term to tourists. The number of nights or amount of money you earn by renting short term is exclusively agreed or decided by you, and can be determined by demand and market value.
To the maximum extent permitted by law, we do not accept any liability for (a) any inaccuracies or omissions in the content displayed on our website; or (b) any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, the House In Paradise website or any content contained provided therein.
Nothing in these Terms shall limit or exclude (a) any other liability that cannot be excluded by law; or (b) your statutory rights.
9. Your liability to us
Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us, arising out of, or in any way connected with, your use of the House In Paradise website or breach of these Terms.
10. Termination
House In Paradise may in its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have a log-in account, by cancelling your membership and your access to your account If House in Paradise deem the Host's behaviour as unacceptable or not in line with the honest and considerate nature towards either House In Paradise or the guest . House In Paradise may suspend your use of the House In Paradise Services without notice at any time for a valid reason, without incurring any liability to you whatsoever.
Both parties can cancel this contract at any time during the Free Trial period, and with 4 weeks notice after the Free Trial period. I (the host) agree to pay House In Paradise $299 in the event that I elect to terminate this contract but retain my online Airbnb listing as prepared for me by House In Paradise including description, photos and all guests reviews.
I (the host) also acknowledge that, at the time of cancellation, if there are any future bookings already scheduled at to take place after the 4 week notice period, that I will honour the service fees payable to House in Paradise upon completion of those future bookings regardless of whether or not I elect for House in Paradise to manage the check-in check-out services of those future bookings.
11. Limitation of liability to House In Paradise
I (the host) acknowledge that House in Paradise is not responsible for any damages, behaviour or conduct from my Guests, and House In Paradise is not liable for guests injuring themselves during their stay at your property (please refer to Airbnb’s “Host Guarantee” & "Host Protection" policies). I (the host) acknowledge that whilst House In Paradise may assist me in processing my claim, this policies are provided by Airbnb and the outcome of my claim is ultimately decided by Airbnb.
I (the host) acknowledge that all bookings are ultimately approved by myself as the host of my listing and that the services provided by House in Paradise are simply of management and consultancy in nature. I (the host) acknowledge that I have full view and responsibility of my Airbnb listing and I can decline any guest's request to book -if not confirmed yet- that I do not wish to proceed with at any time either myself or at my request to House in Paradise. As most bookings are instant and do not require approval, I (the host) acknowledge the important of giving House In Paradise as much notice as possible regarding blocking out any dates that my space is unavailable. I, the host, acknowledge that if I do not advise House In Paradise to block out any specific dates, House In Paradise has the right to reserve such dates to any guests.
I (the host) acknowledge that in case I choose the “Full Package”, House in Paradise will be accessing my property for the purpose of checking-in and checking-out my guests, prepare / clean the guest bedroom and restock the amenities as required. I acknowledge that I am required to ensure the amenities as per the “Amenities Checklist” are available at all times to enable House in Paradise to carry out effective management of my rented space.
12. Fees for Property Marketing
I (the host) acknowledge that the Fees payable to House in Paradise will be 15% (ONLINE MANAGEMENT) or 25% (FULL MANAGEMENT) of my net rental income, unless agreed otherwise prior to the commencement of this agreement. The net rental income is calculated as follows: Per night price less AirBnb host fee (3% to 5%). House In Paradise fees are also calculated in the event of claims lodged to Airbnb and followed up by House In Paradise on behalf of the Host.
House in Paradise fees will be automatically deducted from the net rental income of each reservation following the end of your free trial period. Should a reservation cross over the free trial period and the “paid” period, I acknowledge that House In Paradise will invoice me for only the days of that reservation that fall outside the “free trial period”.
Cleaning fees will be paid in full to the Host (ONLINE MANAGEMENT) or to House In Paradise (FULL MANAGEMENT) depending on the service chosen.
I (the host) also acknowledge that, if I elect for House in Paradise to restock amenities, this will be at my own cost.
13. Changes to Bookings
I (the host) acknowledge that in the instance where a guest or myself want to either extend the guest’s stay, add an additional guest or make any changes to any reservation, I need to immediately contact House In Paradise to check the availability and register the change on the online booking system. In no circumstances will I accept cash from guests for payment of a change in their reservation: this is NOT allowed on the AirBnb platform and would immediately void the “Host Guarantee/Protection” policy.
14. Cancellation of bookings
I (the host) acknowledge that cancelling a booking disrupts guests’ plan and impact confidence in the Airbnb community. For these reasons, Airbnb will deduct a fee from my first payout following the cancellation. The amount deducted will depend on when I accepted the reservation and how soon before check-in I cancelled the reservation: - More than 7 days before check-in, Airbnb will deduct $50 from my next payout. - Less than 7 days before check-in, Airbnb will deduct $100 from my next payout. Furthermore, I acknowledge that cancelling a confirmed booking will impact negatively on my listing appeal online (for more information on how this impacts on your listing, please view at https://www.airbnb.com.au/help/article/990/i-m-a-host--what-penalties-apply-if-i-need-to-cancel-a-reservation.)
In addition, House In Paradise will deduct $50 from my next payout for administration costs if I request a cancellation within 7 days of check in.
Account Suspension. If I cancel 3 or more reservations within a year, I acknowledge that Airbnb may deactivate my listing.
For Instant Book hosts only: I can cancel instant bookings penalty-free an unlimited number of times if I am uncomfortable with a reservation or if a guest breaks one of my House Rules.
15. General provisions
These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.
These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of the House In Paradise service, unless agreed otherwise for a specific case.
We will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please write to us at the address provided below marked for the attention of our ‘Manager'.
Any failure by us to enforce any of these Terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these Terms.
A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.
Irrespective of the country from which you access or use the House In Paradise website and/or itinerary, to the extent permitted by law these Terms and your use of the House In Paradise website shall be governed in accordance with the laws of Australia.
16. Taxes and legal obligations
It is the homeowner's responsability to meet their legal, registration, reporting, lodgment and/or payment obligations to the ATO or any other institution as required by law. House In Paradise, as a marketing agent, is not responsible if the homeowner does not comply with such obligations.
17. Contact us
If you require further information about House In Paradise or have any suggestions concerning how to improve the House In Paradise website and service, please contact us using the online form. Alternatively, you can write us on [email protected].
(Last update 12/10/2019.)
1. Who are we?
House In Paradise ( "us", "we" or “our” as the context requires) is a Italian business providing marketing services on behalf of the hosts through the online platforms Airbnb and Homeaway.
House In Paradise is a private company registered in Italy with Partitva Iva 04467930279 and Codice Fiscale SMNLSN86L25L736O.
Our company details, including correspondence address, email and phone number, are available on the website www.houseinparadise.co
2. These Terms
These terms and conditions ("Terms") govern your access to and use of the House In Paradise Services, together with our privacy policy, constitute a legal agreement between you and House In Paradise. By using the House In Paradise Services, you are confirming that you have read, understood and agreed to these Terms and those of the privacy policy.
We may amend these Terms at any time at our discretion. If these Terms are amended, we shall display the revised terms and conditions on our website and you will be deemed to have accepted any amendments if you continue using the House In Paradise website after the amendments are displayed.
If you do not accept all of these Terms then you should not use the House In Paradise Website.
3. Using the House In Paradise Service
You may only use the House In Paradise services in compliance with applicable laws and for legitimate purposes. In particular, you shall not:
a) use the House In Paradise service for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with House In Paradise;
b) use the House In Paradise website for any commercial purpose or in any manner which may cause damage to House In Paradise or bring House In Paradise into disrepute;
c) copy, distribute, communicate to the public, sell, rent, lend any service received by House In Paradise;
d) introduce onto, or transmit via, the House In Paradise website any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock;
e) remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the House In Paradise website or pass off or attempt to pass off the House In Paradise service as the product of anyone other than House In Paradise;
Where you sign up to any feature of, or use, the House In Paradise website that requires the use of a log-in account or password, you agree that you shall be responsible for keeping those password and log-in details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know as soon as you can.
To the extent that any element of the House In Paradise service is hosted on a third party website (for example, Facebook or another social media website) and there are separate terms and conditions of use relating to that third party website, you agree to fully comply with such terms and conditions.
4. Sharing information with us
We take your privacy seriously and operate at all times in accordance with applicable data protection laws. You acknowledge that any personally identifiable information which you submit to or via the House In Paradise website and/or email may be used by us in accordance with our privacy policy. You agree to ensure that all personally identifiable information you provide to us is accurate and up to date and that you have obtained all consents, licenses or approvals necessary to enable us to use that information in accordance with these Terms and with our privacy policy.
5. House In Paradise's property
Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the House In Paradise website are owned by or licensed to House In Paradise.
6. Other people’s property
We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on the House In Paradise website, please send a written notification of such infringement to the address stated at the beginning of Terms marked for the attention of our ‘Manager’.
7. Price accuracy and warranty disclaimer
Your use of the House In Paradise service is entirely at your own risk.
We provide the House In Paradise service on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that the House In Paradise service (a) is accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; or (d) are secure or are free from errors, faults, defects, viruses or malware.
8. Limitations and exclusions of liability
These Terms set out the full extent of House In Paradise's obligations and liabilities in respect of the House In Paradise website.
In no way House In Paradise is responsible of the actual income you receive every month by renting out one or more rooms, or entire house short term to tourists. The number of nights or amount of money you earn by renting short term is exclusively agreed or decided by you, and can be determined by demand and market value.
To the maximum extent permitted by law, we do not accept any liability for (a) any inaccuracies or omissions in the content displayed on our website; or (b) any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, the House In Paradise website or any content contained provided therein.
Nothing in these Terms shall limit or exclude (a) any other liability that cannot be excluded by law; or (b) your statutory rights.
9. Your liability to us
Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us, arising out of, or in any way connected with, your use of the House In Paradise website or breach of these Terms.
10. Termination
House In Paradise may in its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have a log-in account, by cancelling your membership and your access to your account If House in Paradise deem the Host's behaviour as unacceptable or not in line with the honest and considerate nature towards either House In Paradise or the guest . House In Paradise may suspend your use of the House In Paradise Services without notice at any time for a valid reason, without incurring any liability to you whatsoever.
Both parties can cancel this contract at any time during the Free Trial period, and with 4 weeks notice after the Free Trial period. I (the host) agree to pay House In Paradise $299 in the event that I elect to terminate this contract but retain my online Airbnb listing as prepared for me by House In Paradise including description, photos and all guests reviews.
I (the host) also acknowledge that, at the time of cancellation, if there are any future bookings already scheduled at to take place after the 4 week notice period, that I will honour the service fees payable to House in Paradise upon completion of those future bookings regardless of whether or not I elect for House in Paradise to manage the check-in check-out services of those future bookings.
11. Limitation of liability to House In Paradise
I (the host) acknowledge that House in Paradise is not responsible for any damages, behaviour or conduct from my Guests, and House In Paradise is not liable for guests injuring themselves during their stay at your property (please refer to Airbnb’s “Host Guarantee” & "Host Protection" policies). I (the host) acknowledge that whilst House In Paradise may assist me in processing my claim, this policies are provided by Airbnb and the outcome of my claim is ultimately decided by Airbnb.
I (the host) acknowledge that all bookings are ultimately approved by myself as the host of my listing and that the services provided by House in Paradise are simply of management and consultancy in nature. I (the host) acknowledge that I have full view and responsibility of my Airbnb listing and I can decline any guest's request to book -if not confirmed yet- that I do not wish to proceed with at any time either myself or at my request to House in Paradise. As most bookings are instant and do not require approval, I (the host) acknowledge the important of giving House In Paradise as much notice as possible regarding blocking out any dates that my space is unavailable. I, the host, acknowledge that if I do not advise House In Paradise to block out any specific dates, House In Paradise has the right to reserve such dates to any guests.
I (the host) acknowledge that in case I choose the “Full Package”, House in Paradise will be accessing my property for the purpose of checking-in and checking-out my guests, prepare / clean the guest bedroom and restock the amenities as required. I acknowledge that I am required to ensure the amenities as per the “Amenities Checklist” are available at all times to enable House in Paradise to carry out effective management of my rented space.
12. Fees for Property Marketing
I (the host) acknowledge that the Fees payable to House in Paradise will be 15% (ONLINE MANAGEMENT) or 25% (FULL MANAGEMENT) of my net rental income, unless agreed otherwise prior to the commencement of this agreement. The net rental income is calculated as follows: Per night price less AirBnb host fee (3% to 5%). House In Paradise fees are also calculated in the event of claims lodged to Airbnb and followed up by House In Paradise on behalf of the Host.
House in Paradise fees will be automatically deducted from the net rental income of each reservation following the end of your free trial period. Should a reservation cross over the free trial period and the “paid” period, I acknowledge that House In Paradise will invoice me for only the days of that reservation that fall outside the “free trial period”.
Cleaning fees will be paid in full to the Host (ONLINE MANAGEMENT) or to House In Paradise (FULL MANAGEMENT) depending on the service chosen.
I (the host) also acknowledge that, if I elect for House in Paradise to restock amenities, this will be at my own cost.
13. Changes to Bookings
I (the host) acknowledge that in the instance where a guest or myself want to either extend the guest’s stay, add an additional guest or make any changes to any reservation, I need to immediately contact House In Paradise to check the availability and register the change on the online booking system. In no circumstances will I accept cash from guests for payment of a change in their reservation: this is NOT allowed on the AirBnb platform and would immediately void the “Host Guarantee/Protection” policy.
14. Cancellation of bookings
I (the host) acknowledge that cancelling a booking disrupts guests’ plan and impact confidence in the Airbnb community. For these reasons, Airbnb will deduct a fee from my first payout following the cancellation. The amount deducted will depend on when I accepted the reservation and how soon before check-in I cancelled the reservation: - More than 7 days before check-in, Airbnb will deduct $50 from my next payout. - Less than 7 days before check-in, Airbnb will deduct $100 from my next payout. Furthermore, I acknowledge that cancelling a confirmed booking will impact negatively on my listing appeal online (for more information on how this impacts on your listing, please view at https://www.airbnb.com.au/help/article/990/i-m-a-host--what-penalties-apply-if-i-need-to-cancel-a-reservation.)
In addition, House In Paradise will deduct $50 from my next payout for administration costs if I request a cancellation within 7 days of check in.
Account Suspension. If I cancel 3 or more reservations within a year, I acknowledge that Airbnb may deactivate my listing.
For Instant Book hosts only: I can cancel instant bookings penalty-free an unlimited number of times if I am uncomfortable with a reservation or if a guest breaks one of my House Rules.
15. General provisions
These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.
These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of the House In Paradise service, unless agreed otherwise for a specific case.
We will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please write to us at the address provided below marked for the attention of our ‘Manager'.
Any failure by us to enforce any of these Terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these Terms.
A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.
Irrespective of the country from which you access or use the House In Paradise website and/or itinerary, to the extent permitted by law these Terms and your use of the House In Paradise website shall be governed in accordance with the laws of Australia.
16. Taxes and legal obligations
It is the homeowner's responsability to meet their legal, registration, reporting, lodgment and/or payment obligations to the ATO or any other institution as required by law. House In Paradise, as a marketing agent, is not responsible if the homeowner does not comply with such obligations.
17. Contact us
If you require further information about House In Paradise or have any suggestions concerning how to improve the House In Paradise website and service, please contact us using the online form. Alternatively, you can write us on [email protected].