Terms & Conditions
The website located at www.aircabin.com.au ("Website") is the property of and operated by IC Rental Pty. Ltd. ACN 653 973 552, with its registered office at Suite 2.02, 12 Help Street, Chatswood NSW 2067, trading as "AirCabin". References to "AirCabin", "we", "us", or "our" pertain to IC Rental Pty. Ltd. The terms "you" or "your" apply to any individual using our Website or Services, and, where applicable, include a Host or Guest.
Background
We provide various value-added services to Hosts and Guests who have arranged the short-term use of residential and other properties. Our services are offered through third-party booking agents and hosting platforms (such as Airbnb, Booking.com, HomeAway, etc.) on behalf of the Host, and/or through AirCabin’s hosting platform on behalf of the Host. Additionally, we may provide specific services directly to Guests. Our services include marketing and rental management of properties on behalf of owners or authorized tenants of properties. In this capacity, we offer concierge services and advice to Guests or travelers staying at these properties, which may include introducing a Guest to a third-party vendor of products or services. We also provide a platform where Guests can connect with Hosts to book the short-term use of residential and other properties, with such listings set out directly on AirCabin’s platform.
These terms and conditions, together with our Privacy Policy available at www.aircabin.com.au/privacy-policy (collectively referred to as our “Terms of Use”), delineate the terms governing your use of the Website or any of the services accessible to you either directly through us or via a third-party platform. These Terms of Use constitute an agreement between AirCabin and you, each referred to as a “Party” and collectively as the “Parties.”
Please review these Terms of Use carefully prior to accessing or utilizing the Website or our services.
By continuing to use this Website or by accepting our services, you agree to comply with and be bound by our Terms of Use. If you do not agree with any of these terms and conditions, please refrain from using our Website or our services. We reserve the right to immediately terminate these Terms of Use or any services with respect to you, or to generally cease offering or deny access to the services or any portion thereof, at any time and for any reason.
1. Key Terms
Admin Dashboard: Refers to a web platform or dashboard provided by AirCabin that enables a Host to manage its Property listing.
Authorized Tenant: Denotes a non-owner Host authorized to rent a Property.
Data: Encompasses all information or data submitted by you or on your behalf via the Admin Dashboard, the Website, the Software, or otherwise.
Guest: Defines a guest who enters into a Rental Agreement to rent Property from a Host through a Third-Party Hosting Platform or the Hosting Platform, including invitees of that Guest while at the Property.
Guest Services: Refers to concierge and other services and advice provided to guests or travelers staying with guests at the Properties, which may include introducing a Guest to a third-party vendor or enabling guests or travelers to book a Property through the Hosting Platform.
Host: Indicates an owner of a Property or an Authorized Tenant of a Property using the Host Services in connection with the listing and rental of a Property through the Hosting Platform or a Third-Party Hosting Platform.
Host Services: Entails marketing and rental management of Properties on behalf of Hosts (including direct bookings for Properties made by Guests through the Hosting Platform).
Hosting Platform: Denotes the Website (including the Software, the Admin Dashboard, and any other online platform or tool provided by AirCabin or its related bodies corporate), where Guests can view advertisements and information about Properties and connect with Hosts to enter into Rental Agreements.
Products: Refers to goods or services offered for sale by a Third-Party Vendor or AirCabin.
Property or Properties: Defines a residential or other property that is rented or offered for rent by a Host to a Guest on the Hosting Platform or a Third-Party Hosting Platform, including any furniture, furnishings, or amenities provided within the Property.
Rental Agreement: Represents an agreement between a Host and a Guest for the letting of Property.
Services: Comprises the Guest Services, the Host Services, and may include the use of the Software, as applicable.
Software: Includes any mobile applications, administrative codes, application programming interfaces (APIs), plug-ins, or other software AirCabin makes available to you, as well as any interfaces, applications, and any Admin Dashboard made available in connection with the use of specific software programs.
Third-Party Vendor: Refers to an independent supplier of goods and/or services recommended or referred by us.
Third-Party Hosting Platform: Denotes a third-party booking agent or hosting platform referred by us, where Guests can view advertisements and information about a Property and connect with Hosts to enter into Rental Agreements.
User: Refers to an individual who accesses the Website or is authorized to use or access the Software. Users may include but are not limited to your employees, contractors, agents, and any third-party you invite to use the Software.
2. Interpretation
2.1 In certain instances, supplemental, special terms and conditions may apply to the Services or an activity (“Special Conditions”). Such Special Conditions will be disclosed to you in connection with the applicable Services and are in addition to, and shall be deemed a part of, the Terms of Use for the applicable Services.
2.2 Unless expressly stated otherwise in these Terms of Use, in the event of a conflict between these Terms of Use and the applicable Special Conditions, the following order of precedence will apply when resolving such conflict:
A. For Host Services provided by AirCabin to the Host: (a) If the Property is booked through a Third-Party Hosting Platform – any terms of use applicable to users of the Third-Party Hosting Platform; (b) The relevant Special Conditions contained in the Host Services Agreement entered into between the Host and AirCabin; and (c) These Terms of Use.
B. For Guest Services provided by AirCabin to the Guest: (a) If the Property is booked through a Third-Party Hosting Platform – any terms of use applicable to users of the Third-Party Hosting Platform; (b) The relevant Special Conditions in the Guest Services Agreement entered into between the Guest and AirCabin (if any); and (c) These Terms of Use.
C. For the provision of Property by a Host to a Guest: (a) If the Property is booked through a Third-Party Hosting Platform – any terms of use applicable to users of the Third-Party Hosting Platform; (b) The relevant Special Conditions contained in the Rental Agreement entered into between the Host and the Guest directly (if any); and (c) The relevant Special Conditions applied by the Hosting Platform (for Properties booked on AirCabin’s platform), or the relevant Special Conditions applied by the Third-Party Hosting Platform (for Properties booked on that Third-Party platform) (if any).
D. For Products provided by a Third-Party Vendor introduced by AirCabin: (a) The relevant Special Conditions entered into between the Third-Party Provider and the Guest directly (if any).
E. For Products sold by AirCabin: These Terms of Use will apply.
F. For Use of the Software: These Terms of Use will apply.
2.3 By accepting these Terms of Use, you represent that you have the capacity and authority to be bound by them. If you accept or agree to these Terms of Use on behalf of each User authorized by you, a company, or other legal entity, you represent and warrant that you have the authority to bind that User, company, or other legal entity to these Terms of Use, and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
2.4 We may amend the Terms of Use related to the Services from time to time. Amendments will be effective upon posting such updated Terms at this Website or the amended policies or Special Conditions on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms of Use, as amended.
3. How Our Services Operate
3.1 Scope of Responsibility Unless otherwise specified in a separate written agreement, AirCabin's responsibilities are confined to the terms outlined in these Terms of Service.
3.2 Host Services AirCabin provides Host Services to Hosts who enter into a Host Services Agreement. This agreement delineates how AirCabin assists Hosts in preparing and marketing their Properties, including but not limited to:
Implementing optimal pricing strategies for Property listings.
Facilitating communication with potential Guests to address inquiries and arrange stays.
Managing check-ins, check-outs, and property inspections.
Coordinating with professional vendors for cleaning, maintenance, and handling emergencies such as lockouts.
Offering a centralized dashboard for Hosts to set preferences, manage listings, and monitor activities.
Assisting in marketing listings on the Hosting Platform or Third-Party Hosting Platforms.
3.3 Platform as an Intermediary For Properties listed on the Website, AirCabin acts solely as a platform for Guests to arrange short-term accommodation with Hosts. AirCabin is not a party to any contractual relationship between Hosts and Guests concerning bookings, Properties, or payments, and does not mediate disputes between them. Hosts and Guests are responsible for fulfilling their respective obligations under any agreements, and AirCabin disclaims all liability related to such agreements to the fullest extent permitted by law.
3.4 Special Conditions for Hosts In addition to these Terms of Use, Hosts are subject to the special conditions outlined in their Host Services Agreement, which details the specific terms of the Host Services.
3.5 Use of Software AirCabin grants a non-exclusive, non-transferable right to access and use the Software, subject to these Terms of Use. Users are responsible for their appointed use of the Software and must ensure it is used for lawful purposes, in accordance with these terms and any notices from AirCabin. Misuse or unauthorized access is strictly prohibited.
3.6 Security and Integrity Users must not undermine the security or integrity of AirCabin's systems or networks, misuse the Software, or attempt unauthorized access to materials or systems. Users must not input harmful files or offensive content into the Website.
3.7 Software Modifications AirCabin reserves the right to modify or discontinue Software features and functionalities, and to update these Terms of Use. Continued use of the Software signifies acceptance of such changes.
3.8 Compliance with Guidelines Users and their invited Users must comply with any rules, regulations, and guidelines provided by AirCabin regarding the Software.
3.9 Basis of Software Use The Software is provided on an "as is" basis, and use is at the user’s own risk.
3.10 Guest Services AirCabin provides Services to Guests who respond to Host postings on Hosting Platforms. This includes answering inquiries, communicating arrival and departure details, offering 24-hour support, and arranging value-added services from Third-Party Providers. Guests are also subject to the special conditions in a Guest Services Agreement.
3.11 Third-Party Vendor Products Products from Third-Party Vendors are subject to their special conditions. Use of these products is at the user’s own risk, and AirCabin disclaims liability for such use. It is the user's responsibility to ensure that Third-Party Products meet their requirements.
3.12 Role in Third-Party Product Provision AirCabin lists available Third-Party Vendors but is not a party to agreements for their products. These Terms of Use exclude AirCabin’s liability for the supply of these products to the extent permitted by law.
3.13 User Acknowledgments and Agreements
AirCabin does not warrant the performance, accuracy, or suitability of information found on or through a Hosting Platform.
AirCabin is not a real estate broker or owner/provider of properties or other products/services offered by Third-Party Vendors.
While AirCabin holds certain real estate licenses, these are limited to specific Services provided to Hosts.
AirCabin disclaims liability for the content of listings or the condition, legality, or suitability of any Properties.
AirCabin does not control compliance with laws by Guests, Hosts, Third-Party Vendors, or Hosting Platforms.
Background and identity checks are conducted, but AirCabin is not responsible for misidentification or the behavior of Hosts or Guests.
Security deposits are managed solely by the Host, and AirCabin is not involved in their handling.
A Security Fee may be charged to Guests, covering certain damages, with specific limits depending on the property size.
Use of information or materials from AirCabin is at the user’s risk.
AirCabin may provide links to other websites for convenience, but does not endorse or control these sites.
AirCabin disclaims liability related to listings and Properties to the maximum extent permitted by law.
4. Property Listings
4.1 Listing Agreement Hosts can place Property listings on the Hosting Platform in accordance with these Terms of Use and the Host Services Agreement.
4.2 Host Eligibility for Listings
Compliance with specified practices and requirements is necessary for creating and publishing Listings.
Online bookings and payments are mandatory for all Listings.
AirCabin may decline to publish any Listing at its discretion.
Hosts must provide accurate and up-to-date information for Listings and adhere to the conditions set out in the Listings.
4.3 Payment Terms for Listings
Guests make payments to AirCabin, which forwards the amounts to the Host, less applicable fees and taxes, at the end of each month.
4.4 Listing Duration Listings will remain on the Website until the Host Services Agreement terminates or expires. AirCabin may remove or refuse to publish Listings at any time.
4.5 Listing Suspension or Removal Hosts can request suspension or removal of their Listing in accordance with the Host Services Agreement.
4.6 Search Results Order The order of Listings in search results is not guaranteed and may fluctuate based on various factors.
4.7 Website Changes AirCabin may modify the Website’s layout, content, and availability without prior notice or liability.
4.8 Photograph Reproduction AirCabin will attempt to accurately reproduce photographs supplied by Hosts, but deviations may occur.
4.9 Website Upgrades and Maintenance Maintenance and upgrades may be necessary, which could temporarily restrict Website access.
4.10 Identity and Property Checks AirCabin may conduct identity and property existence checks and request proof from Hosts.
4.11 Privacy Policy Compliance Hosts authorize AirCabin to forward their contact details to Guests for bookings. Hosts must consent to data processing as outlined in AirCabin’s Privacy Policy.
4.12 Listing Accuracy Hosts must ensure their Listings are accurate, complete, and up-to-date.
4.13 Non-Transferability of Listings Listings cannot be transferred to another party. Guidance is provided for creating new Listings following property sales or changes in tenancy.
4.14 Host Compensation for Guest Losses AirCabin reserves the right to pursue Hosts for compensation paid to Guests due to Host-related issues.
4.15 Breach of Terms by Hosts AirCabin may suspend, amend, or terminate Listings for breaches of these Terms of Use.
5. Commissions and Payments
5.1 Host Services Payment AirCabin receives payment from the Host as set out in the Host Services Agreement.
5.2 Guest Services Payment
Guest Services as outlined in the Rental Agreement are paid for by the Host.
Additional Guest Services are subject to a separate Guest Services Agreement with the Guest.
For Third-Party Vendor Products, Guests must enter into separate agreements with those vendors.
5.3 Damage Repairs and Cleaning
Guests are responsible for the cost of repair, replacement, or cleaning as per the Rental Agreement.
Payment for such costs may be facilitated by AirCabin using the Guest’s designated payment method.
5.4 Cancellations
Guests may incur a cancellation charge for Guest Services, subject to the terms of the Rental Agreement.
AirCabin may charge an administration fee for cancellations.
6. Guest Responsibilities
6.1 General Obligations Guests must review and comply with the entire Terms of Use and any Special Conditions.
6.2 Property Use Properties are for holiday accommodation only and not for commercial purposes, parties, or other uses.
6.3 Prohibited Activities Guests must not:
Use the Property for illegal purposes.
Smoke within the Property.
Cause a nuisance or interfere with neighbors.
Exceed the registered number of occupants.
Erect tents or caravans.
Bring pets unless agreed in the Rental Agreement.
6.4 Legal Compliance Guests must comply with all applicable laws, rules, and regulations.
6.5 Cleanliness Guests must maintain the cleanliness of the Property and leave it clean and tidy upon departure. Failure to comply may result in security deposit deductions.
6.6 Security Guests are responsible for securing the Property during their stay and liable for any theft or damage due to neglect.
6.7 Damage Responsibility Guests are responsible for any damage caused during their stay and must authorize AirCabin to deduct the cost from the security deposit or credit card.
6.8 Property Furnishings Hosts’ furnishing preferences are not the responsibility of AirCabin.
6.9 Rubbish Collection Guests must follow local rubbish collection schedules.
6.10 Assumption of Risk Guests use the Property at their own risk and release the Host and AirCabin from liability for injuries, losses, or expenses arising from the stay.
6.11 Guest Responsibilities
The Guest must adhere to the responsibilities outlined in Clause 6. A breach of these terms during their stay allows AirCabin, on behalf of the Host, to immediately terminate the Rental Agreement.
6.12 Entry to Property
AirCabin reserves the right to enter the Property at reasonable times with reasonable notice to inspect the Property or show it to prospective buyers, renters, or other authorized persons. In cases of imminent danger to any person or property, entry may occur without advance notice.
6.13 Governing Terms for Bookings
A booking of a Property is governed by the terms and conditions of the website through which the booking is finalized. If there is a conflict between the terms and conditions of the site where the Property was found and the site where the booking was finalized, the latter's terms will prevail.
6.14 Listings and Rental Agreements
Listings are made directly with the Host, and the Rental Agreement is with the Host. This contract governs the Guest’s right to use the Property and may include additional fees and taxes. AirCabin is not liable for the Host’s provision of the Property and does not guarantee the accuracy of Listings.
6.15 Accuracy of Listings
The Host, not AirCabin, is responsible for the accuracy of photos and descriptions in each Listing.
6.16 Host and Property Verification
AirCabin is not responsible for verifying the identity or behavior of Hosts, or the nature, condition, or existence of a Property.
7. Host Responsibilities
7.1 Host Obligations
The Host must:
Investigate and understand all obligations under laws, regulations, council rules, strata by-laws, and agreements with service providers or Hosting Platforms.
Track communications that may result in contractual obligations.
Review the Terms of Use and any Special Conditions regularly.
7.2 Host Agreements
The Host agrees to:
Abide by all laws, rules, and regulations related to the use of the Website and any transactions.
Ensure Listing compliance with laws, including taxes, data security, permits, planning, local authority requirements, and lease restrictions.
Provide accurate and up-to-date personal information, payment details, and communications with Guests.
Keep the calendar for each Listing accurate and up to date.
Abide by any Special Conditions.
Use best efforts to comply with State and Federal Holiday and Short-Term Rental Codes of Conduct.
Clearly inform Guests about the price breakdown and applicable taxes.
Let the Property at their own risk, releasing AirCabin from liability connected to the Property.
Respond promptly to queries from AirCabin or Guests.
Ensure basic utilities and services are available at the Property.
Maintain appropriate insurance for short-term holiday rentals, including liability, contents, and property insurance, and provide evidence of such insurance when requested.
7.3 Host Warranties
The Host warrants:
Information provided to AirCabin is accurate and not misleading.
Guests are not wrongfully denied access to the Property.
They have the rights to offer the Property for let.
Refunds will be provided according to the cancellation policy or Rental Agreement.
They will not substitute the Property in a Listing without AirCabin's consent.
7.4 Legal and Regulatory Compliance
The Host acknowledges that AirCabin may provide listing information to governmental or regulatory bodies if required and will decide on compliance at its discretion.
7.5 Listing Guidelines
The Host must comply with any guidelines or directions provided by AirCabin for Listings.
7.6 Issue and Complaint Response
The Host must respond to issues or complaints related to a Listing within 24 hours.
7.7 Essential Terms
Host Responsibilities are essential terms of these Terms of Use. A breach of these terms allows AirCabin to terminate the Host Services Agreement immediately.
7.8 Compliance with Laws
The Host is solely responsible for complying with laws related to Property letting, including advertisement content, and AirCabin disclaims liability for verifying such compliance.
8. User Responsibilities
8.1 Representation and Warranties
Users must:
Comply with all applicable federal, territory, and state laws and regulations.
Be responsible for their Data and the Data of invited Users, including its security.
Have all necessary rights and licenses to use and submit Data via the Software.
If an individual, be at least eighteen (18) years old and have legal capacity or guardian permission to use the Software.
8.2 User Verification
Internet user verification is challenging, and AirCabin does not assume responsibility for verifying users' identities. Guests are encouraged to take reasonable measures to verify a Host's identity and Property details.
9. Host Taxes
9.1 Host Obligations
Hosts are solely responsible for determining and managing their obligations regarding applicable taxes, including GST and other indirect taxes. AirCabin does not provide tax advice; Hosts should consult tax specialists.
9.2 Tax Collection
Tax regulations may require AirCabin to collect Tax information from Hosts or withhold Taxes from payouts until documentation is provided.
Hosts must keep their tax information current, complete, and accurate.
9.3 Stay Taxes
Governmental agencies may require taxes related to Property rentals to be collected and remitted. These may include transient occupancy taxes, hotel taxes, or tourist taxes.
9.4 Liability
Hosts agree to indemnify AirCabin against any claims related to Stay Taxes, including their applicability, calculation, collection, or remittance.
10. GST
10.1 Definitions
Terms used in this clause have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
10.2 GST Inclusive Payments
Payments made under these Terms are expressed as GST inclusive amounts.
10.3 GST Payment
The Party liable for a taxable supply must pay the GST amount on the date payment is due.
10.4 Tax Invoice Requirement
A Party is not obligated to pay GST until a valid tax invoice is provided.
11. Intellectual Property
11.1 Protection of AirCabin Content
Features, information, and materials provided through the Services are protected by intellectual property laws.
11.2 Modifications
AirCabin may modify AirCabin Content in its sole discretion.
11.3 License Restrictions
No license is granted for purposes other than permitted use of the Services. AirCabin retains all rights in AirCabin Content.
11.4 User Content
Users may post User Content on the Website and grant AirCabin a license to use it within the Services.
11.5 Ownership and License
Users retain ownership rights to User Content and grant AirCabin a license to use it within the Services.
11.6 User Content Responsibility
Users are solely responsible for all User Content they provide through the Website, Software, or engagement with AirCabin or any Hosting Platform. Users represent and warrant that:
(a) They either own all User Content or possess the necessary rights, licenses, consents, and releases to grant AirCabin the rights in the User Content. (b) User Content, including its posting, uploading, publication, submission, or transmission, will not infringe, misappropriate, or violate Third-Party intellectual property rights, privacy rights, or any applicable law or regulation.
11.7 Content Screening and Liability
AirCabin does not screen User Content or information on the Website and cannot guarantee its accuracy or completeness. Users are prohibited from publishing defamatory, misleading, offensive, or infringing content. AirCabin disclaims liability for such content and users are personally liable for damages arising from it. Users agree to indemnify AirCabin in relation to any liability resulting from such content.
12. Disclaimers, Limitation of Liability, and Indemnity
12.1 Disclaimer
The Services are provided "as is" and "as available."
AirCabin disclaims all warranties not expressly set out in the Terms.
AirCabin does not guarantee the reliability, timeliness, quality, or availability of the Services.
AirCabin is not liable for damages arising from interruptions or defects in Software use.
Users assume the entire risk of using the Software and Services.
12.2 Limitation of Liability
AirCabin is not liable for various types of damages, including indirect, incidental, or consequential damages.
AirCabin's total liability is limited to the value of the Product sold or five hundred dollars (AU$500), whichever is less.
Certain statutory rights under Australian Consumer Laws cannot be excluded.
AirCabin's liability for death or personal injury caused by negligence is limited to relevant insurance coverage.
12.3 Indemnity
Users agree to indemnify AirCabin for claims arising from breaches of the Terms, use of the Property, access to the Website, or violation of Third-Party rights.
This indemnity survives the termination or expiry of the Terms.
13. Australian Consumer Law
Statutory Rights under the Australian Consumer Law cannot be excluded, restricted, or modified.
AirCabin's liability for the Hosting Platform or Products provided to consumers under the ACL is governed solely by the ACL and the Terms.
AirCabin excludes all express and implied warranties, subject to Statutory Rights.
Guests may have rights under the ACL regarding goods and services provided by Hosts or Third-Party Vendors.
This clause survives the termination or expiry of the Terms.
14. Termination
14.1 Termination Rights
If AirCabin determines or suspects that:
An Owner is in material or repeated breach of the Terms of Use or any other obligations owed to AirCabin.
An Owner has been abusive or offensive to any Guest, employee, or representative of AirCabin.
An Owner uses a false identity.
AirCabin's Hosting Platform, systems, or communication platforms have been misused.
An Owner's Listing or rental practices are unacceptable or unfair.
Then, at its discretion, AirCabin may:
Amend, suspend, or terminate affected Listings or all Listings associated with that Host immediately and without refund of any fees or charges paid by the Host.
14.2 Additional Actions
AirCabin reserves the right to respond to breaches or misuse by:
Limiting the Host's use of the Website.
Hiding or impacting the ranking of a Listing in search results.
Removing or changing information not compliant with the Terms or applicable laws.
14.3 Effects of Termination
Upon expiry or termination of the Terms of Use:
Access to the Website will be revoked.
Host Services or Guest Services will cease immediately.
Payments made are non-refundable.
Existing bookings may be canceled, with applicable refunds.
Additional costs arising from termination due to breach must be paid by the breaching party.
14.4 Survival Clause
This clause survives the termination or expiry of the Terms of Use.
15. Disputes
15.1 Dispute Resolution
In case of a dispute between a Host or Guest and AirCabin, parties must attempt to resolve it in good faith. If not resolved initially, mediation may be sought, with costs shared equally.
15.2 Legal Remedies
This clause does not prevent seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
16. Miscellaneous
16.1 Governing Law and Jurisdiction
The Terms of Use are governed by the laws of New South Wales, and both parties submit to the exclusive jurisdiction of the courts in New South Wales.
16.2 Notice
Notices may be given via the Website, email, or written communication.
16.3 Assignment
Terms of Use may not be assigned without prior written approval from AirCabin.
16.4 Relationship
No joint venture, partnership, employment, or agency relationship exists between the parties.
16.5 Severability
If any provision is deemed illegal, invalid, or unenforceable, it will be replaced with a valid provision reflecting the original intent.
16.6 Force Majeure
AirCabin will not be liable for delays or failures beyond its reasonable control.
16.7 Entire Agreement
The Terms of Use constitute the entire agreement between the parties, superseding all prior agreements.