Listing Agreement

This is an agreement between Darwin Holiday Apartments (DHA) and property owners and managers who list properties on Darwin Holiday Apartments and associated websites (the website). The terms “you” “your” and “owner” below refers to owners, landlords, agents, and managers.

By listing your property you acknowledge and agree:

1) Authority and law

that you have the authority and permission to advertise the property on the website;
that you comply with all applicable laws, regulations, bylaws and codes;

2) Fairness in advertising

to describe your property fairly and factually in a manner that is in no way misleading to consumers;
that DHA will regularly seek feedback from guests who have stayed with you with regard to the quality of accommodation and their expectations being met. Properties that regularly receive negative feedback or that we deem to be in breach these terms and conditions may be removed from the website.

3) Good working order

to maintain your property in good working order and in a manner that is suitable for holiday accommodation including all facilities and appliances and to ensure that it is adequately clean and safe prior to guests arrival;

4) No direct contact details

to not include your direct contact details in the information that is publically available on the website. This includes telephone numbers, email address, website, social media contacts, your business name and any other contacts that attempt to bypass the DHA referral system;

4) Contract is between property owner and guest

that once a booking is made the contract is between the owner and the guest and that the owner is responsible for dealing with any bookings on your property including communicating with the guest, processing payments, issuing invoices and receipts and dealing with complaints;

5) Instant confirmation and real-time availability

that Darwin Holiday Apartments is an instant confirmation booking site;
to keep your property’s availability calendar up-to-date, and to take responsibility for any instant confirmation bookings that are made by guests and cannot be honoured due to inaccurate availability. This may include relocating the booking to a suitable alternative property at your expense.
under no circumstances are property availability calendars to be set to On Request or Enquiry Only. Properties that set their calendar to On Request or Enquiry Only will be deactivated without notice.

6) Payment for service

that DHA is entitled to the prescribed amount of every successful booking referred by DHA.
the prescribed amount is 8% of the total value of the accommodation component of the booking.
the amount of the value of the accommodation component of the booking which is payable to the owner is 92%
a booking is subject to the prescribed amount if that booking resulted from an enquiry, booking, or referral from DHA , whether by the website, telephone, email, or any other means, for the property being enquired on or any other property owned or managed by you or your staff.
that in most cases the prescribed amount will be paid by the guest directly to DHA when a booking is made, by way of DHA charging the guests credit card for that booking.
in some cases DHA will invoice you for the prescribed amount
In some cases the prescribed amount paid to DHA may be non-refundable and non-transferable, including:
(a) if a the prescribed amount is paid to DHA in advance of a guest staying and you choose to remove your property listing from the website prior to the guest staying or your property is removed by DHA due to non-compliance with our terms and conditions you will not be eligible for refund of the prescribed amount and;
(b) if the prescribed amount is paid to DHA in advance of a guest staying and the booking is subsequently cancelled, the amount is refundable by DHA to the guest, less a $50 administration fee.

7) No listing fee

that “no listing fee” is subject to minimum bookings, otherwise a monthly listing fee of $20 per month may be applied retrospectively. The minimum bookings amount is currently $300 worth of confirmed bookings per property per month, or $3000 worth of confirmed bookings per property per year.
the minimum bookings amount does not include owner bookings or bookings from other sources for which DHA does not receive the prescribed amount referred to above.

8 ) Indemnification of DHA

to indemnify DHA against any and all legal disputes, complaints, and damages arising from your listing on the website
to not represent yourself as being staff of or associated in any way with Darwin Holiday Apartments other than for the purpose of listing your property and receiving bookings.
You indemnify us against any loss or damage that we may suffer or incur in connection with your use of, or conduct in connection with, the website or this agreement.
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, goodwill, data or opportunity).

9) Fair dealings

to act fairly and honestly in your dealings with DHA and guests at all times. Unfair or dishonest dealings will result in immediate removal of your property from the website, and may result in DHA or guests seeking financial compensation.

We reserve the right to amend this agreement at any time by giving you notice via email. Your subsequent or continued use of the website will constitute your acceptance of any change(s). If you object to any change(s), you must immediately discontinue your use of the website and inactivate your property listing. Otherwise, you will be deemed to have accepted the change(s).

DHA reserves the right to withdraw or change the website, products or services (including format, design, scope, etc) at any time. We will use our reasonable endeavours to give you advance notice of any material changes that we make to the website, products or services.

Updated 18 May 2012 (c) Darwin Holiday Apartments.