Traveller Terms & Conditions
(1) The www.beautifulaccommodation.com website, and any mobile application for the website (the “Site”) is owned and operated by HGX Pty Ltd ABN 15 612 186 946, a division of the Hardie Group, Building 1, 658 Church Street, Richmond VIC 3121 (“Beautiful Accommodation”, “we” , “us” or “our”).
(4) Beautiful Accommodation does not authorise anyone to register with this Site unless they are able to enter into legally binding contracts.
(5) Beautiful Accommodation may revise these Traveller Ts&Cs at any time by posting an updated version to this web page. By using the Site , you agree to accept the Traveller Ts&Cs then in force.
2. The Basics
(1) This Site is a place where Travellers can view advertising of, and obtain information about, holiday properties offered for short term lets of less than 60 days (“Properties”) by others, including property owners, lessees and managers (each, an “Owner” and collectively with a Traveller, the ‘users’). We may also offer online booking, online payment or other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions.
(2) There are two types of Property listings on the Site:
(a) Enquiry only listings, which are governed under clause 3; and
(b) Booking listings, which Travellers can booking using a system available directly within the Site ("Beautiful Accommodation Booking System"), which are governed under clause 4.
(3) Specific terms and conditions may apply to individual Properties relating to reservations, additional charges, booking changes, cancellations, refunds and refundable damage ("Property Terms"). Property Terms, if applicable, will be specified on the Property listing or otherwise provided to Travellers by the Owner at the time of confirming their booking. By placing a booking or confirming a reservation, you agree to the Property Terms. To the extent that the Property Terms conflict with these Traveller T&Cs, the Property Terms will prevail with respect to bookings for that specific Property.
3. Enquiry only listing
(1) For enquiry only listings, the Site acts only as a venue for users to interact, and Beautiful Accommodation is not, and does not become, party to any contractual relationship between the Traveller and the Owner, and does not mediate between the Traveller and the Owner in the event of any dispute arising between them.
(2) If a Traveller finds a Property in which they are interested, they can send an information request to the Owner (an “enquiry”) stating their surname, e-mail address and telephone number, along with any requested information, without having to log in to the Site for this purpose.
(3) The Traveller will receive a confirmation via email from Beautiful Accommodation once an enquiry has been sent to the Owner.
(4) The Owner may then communicate directly with the Traveller in connection with the enquiry. Beautiful Accommodation has no responsibility for, or involvement in, the communications between the Owner and Traveller.
4. Booking and payment conditions
(1) If you are using the Beautiful Accommodation Booking System, a payment is required to secure a booking. Additional charges such as bonds and cleaning fees will be charged at point of check-in directly to the Property Owner. Any extra charges will be made clear in the Property Terms on the Property listing pages.
(2) If you use the Beautiful Accommodation Booking System, we charge a service fee of 4.5%, which includes a card surcharge of 2.5%. Our booking system accepts Visa and MasterCard credit cards.
(3) There are two types of bookings available through the Beautiful Accommodation Booking System:
(a) Instant Booking – Bookings are confirmed as the time of booking. Our Instant Booking facility processes the payment immediately to secure the booking.
(b) Booking On Request – A message is sent to the Property Owner to check and confirm availability and pricing within 24 hours. The Traveller must provide payment details at the time of the request but will only be charged once the booking is confirmed. We will send an email to the Traveller confirming whether or not the booking was successful.
(4) The entire amount of the booking is payable at the time of making the Instant Booking or when the Booking On Request is confirmed, as applicable, in order to secure the booking. This includes a 12.5% non-refundable deposit.
(5) Beautiful Accommodation will hold funds paid by the Traveller on behalf of the Owner until such time as they are remitted to the Owner (following check-out), refunded to you (if you are entitled to a refund) or transferred to Beautiful Accommodation in payment of our fees and charges. No interest will be payable by Beautiful Accommodation to you or the Owner on amounts held by Beautiful Accommodation.
(6) All prices are in Australian dollars (AUD$). Variable exchange rates and additional fees may apply to International card-holders and as such are out of our control.
(7) Deposit and payment terms may vary from these conditions for some Properties. These variations will be clearly highlighted at the time of booking in the Booking Conditions.
5. Changes, cancellations and refunds
Terms and conditions for booking changes, cancellations and refunds and refundable damage deposits will be specified in the Property Terms for each individual Property on its listing on the Site. The following conditions apply to all bookings made on the Beautiful Accommodation Booking System where these matters are not covered by specific Property Terms:
(1) If you request a change to your booking, the change will be checked with the Property Owner. If the Property Owner is unable to accommodate the requested change to the booking and no other alternative is acceptable to both the Traveller and the Property Owner, the Traveller may choose either:.
(a) to retain the booking without changes, in which case no fees will apply; or
(b) to cancel the booking, subject to the applicable cancellation fees.
(2) Unless otherwise specified, one change per booking will be allowed at no charge. Further changes will be subject to an administration fee of $100.
(1) If you cancel a booking before the arrival date you will be entitled to a refund of the payment less the non-refundable deposit. The refund will be made through the system to the same card that you used to pay for the booking. The deposit portion of the total transaction value is non-refundable and will be forfeited.
(2) If you cancel a booking on or after the scheduled arrival date, you will not be entitled to a refund and the entire amount paid will be forfeited.
6. Rights and obligations of Beautiful Accommodation
(1) Beautiful Accommodation shall use commercially reasonable efforts to ensure that depictions, photos and descriptions of the Properties that Owners have submitted to Beautiful Accommodation and appearing on the Site are a true and accurate a representation of the Properties. However, you acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(2) Further, you also acknowledge that Owners – and not Beautiful Accommodation – are responsible for the accuracy with which the photos depict the relevant Property.
(3) Beautiful Accommodation may occasionally undertake upgrades and maintenance of the Site. These works may result in restrictions on the usage. Beautiful Accommodation will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most Travellers’ usage is least affected.
(4) Beautiful Accommodation offers a messaging system which may be used by the Owner and Traveller for making contact with one another. Completed enquiry contact forms will be forwarded to the email provided by the Owner of the relevant Property. We use best practices for our line security systems. However, you acknowledge there is a risk that unauthorised third parties may misuse the system and unlawfully access, intercept or read messages. Beautiful Accommodation is not liable for any such misuse.
(5) You acknowledge that Beautiful Accommodation is not responsible for checking the identity, or for the behaviour, of Owners.
(6) Without limiting the generality of the Disclaimer in Section 7 below, please note that rates and details are supplied by the individual Property Owners and are subject to change without notice. Rates and other details should therefore be taken as indicative only and should be confirmed on booking. We always strongly recommend you read in full the Property Terms, including the details of the Property's cancellation policy, before paying any deposit.
(7) Beautiful Accommodation reserves the right to transfer these Traveller Ts&Cs, and to assign or subcontract any or all of its rights and obligations under these Traveller Ts&Cs, to a third party but will not do so in such a way as to reduce any guarantees you are given under these Traveller Ts&Cs or consumer warranties required by law.
(1) All of the information on the Site is provided without warranty of any kind, whether they be the implied warranties of merchantability, fitness for a particular purpose, non-infringement or any other, apart from those that cannot be excluded by law.
(2) Beautiful Accommodation will not be liable to any party for any kind of damages, including lost revenues or lost profits, whether incurred by you or by a third party, which may result from the use of the Site or any other website linked to or from this Site, even if we are advised of the possibility of such damages.
(3) Whilst every effort is made to ensure timely data, the Site may include inaccuracies or typographical errors or information that is not current. Information on the Site and any products or services to which the Site refers may be changed at any time without notice. Beautiful Accommodation makes no representations whatsoever about any other web site which you may access through links from this Site. Such linked websites are not under our control, and Beautiful Accommodation is not responsible for the contents of any linked website. Such links are provided as a convenience, and the inclusion of a link does not imply Beautiful Accommodation's endorsement of the linked website or its contents.
(4) This Site may contain activities or accommodation that, by reason of the physical exertion or level of physical fitness required to attend or participate are unsuitable for certain persons or may of themselves be inherently dangerous. Beautiful Accommodation makes no warranty, express or implied, that these activities or accommodation are safe or suitable for you and you should make your own enquiries and seek your own independent advice as to the suitability for your own particular circumstances.
8. Intellectual Property and Related Technology
(1) All content that appears on the Site, and the Site itself, is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
(2) Travellers are permitted to download, display or print individual pages of the Site to evidence their agreement with Beautiful Accommodation. The relevant file or the relevant printout must clearly include all copyright statements and legal disclaimers appearing on the Site.
(3) Where a Traveller submits to or transmits through the Site any content of any type, including text or images ("User Content"), the Traveller:
(a) undertakes that he/she has the right to do so;
(b) undertakes that he/she has been granted the necessary consents and releases by any persons featured (’model release’) or owners of featured items (’property release’) in the User Content;
(c) undertakes that he/she has permission to include any trade marks, proprietary names or other intellectual property embodied in the User Content;
(d) warrants that any review or testimonial contained in the User Content is genuine and accurately reflects the opinions of the person giving them;
(e) authorises Beautiful Accommodation to use the User Content on the Site and in any other media or published form as determined by us in our absolute discretion;
(f) irrevocably consents to all possible uses of the User Content by Beautiful Accommodation including adaptation, reproduction, editing, alteration, addition to and/or deletion from, rearrangement, transposition, translation and exploitation of the User Content; and
(g) agrees not to enforce, and otherwise waives to the fullest extent legally possible, any moral rights that it may have now or in the future in respect of the User Content.
9. Communications and Reviews
(1) Travellers must provide only accurate and truthful information concerning their identity in any communications on the Site, including reviews of Properties.
(2) Messages sent via Beautiful Accommodation’s systems should only relate to genuine booking enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Beautiful Accommodation’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information in your care or control.
(3) Travellers may post their reviews of Owners’ Properties (“Traveller Reviews”) on the Site. The Owner is given the opportunity to view Traveller Reviews, and to respond to them (an “Owner Response”). Some more detail about Traveller Reviews and Owner Responses is available here .
(4) Please note that Beautiful Accommodation does not, and realistically does not have the ability to, verify the accuracy or otherwise of Traveller Reviews or Owner Responses.
(5) Beautiful Accommodation nevertheless requires all Traveller Reviews, Owner Responses and other communications using the Site to observe the prohibitions in clause 11 and may decline to post or may delete any content in its absolute discretion.
(6) In the event that any Traveller Review or Owner Response appears on the Site but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, Beautiful Accommodation shall be entitled immediately to remove from the Site the relevant non-conforming Traveller Review or Owner Response as appropriate.
(7) Beautiful Accommodation does not generally conduct identity checks. If Travellers suspect that the Owner has supplied false or misleading information, they are invited to notify Beautiful Accommodation through the contact form.
You agree to indemnify and hold Beautiful Accommodation harmless against any claims by third parties brought against Beautiful Accommodation or any of its related bodies corporate and each of their respective officers, employees, agents and sub-contractors arising out of or in connection with: (a) any User Content you provide to the Site; (b) your use of any content on the Site; or (c) any breach by you of these Traveller Ts&Cs. Beautiful Accommodation will provide notice to you promptly of any such claims.
11. ProhibitionsThe Traveller shall not directly or indirectly:
(a) With respect to the Site, its content, and databases comprised in the Site, in any form – whether by using automatic devices or manual processes – exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
(b) Monitor content on the Site by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with the Site or Beautiful Accommodation) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with Beautiful Accommodation’s robots.txt file;
(c) Use the Site for purposes other than those referred to in these Traveller Ts & Cs;
(d) Use the Site or the tools and services on the Site for the purpose of booking or soliciting a rental for a property other than a Property under a valid listing;
(e) Reproduce any portion of the Site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or any other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
(f) Upload or send to the Site any contents or programs, which on account of their size or nature, might damage Beautiful Accommodation’s computers or networks;
(g) Include content on the Site that breaches any applicable laws, or encourages any such breach;
(h) Use or access the Site in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus“ includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);
(i) Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;
(j) Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
(k) Refer to Beautiful Accommodation or any Beautiful Accommodation Affiliate in any way that might lead someone to believe that the Traveller or any website is sponsored by, affiliated with, or endorsed by Beautiful Accommodation or any Beautiful Accommodation Affiliate.
12. Right to delete content
Travellers are responsible for ensuring that their communications, and content posted, through or in connection with the Site, including Traveller Reviews and communications with Owners, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright, data protection law or the Content Guidelines . Beautiful Accommodation may monitor any data on the Site and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, Beautiful Accommodation shall be entitled immediately to remove from the Site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account.
(1) Messages to Beautiful Accommodation are to be sent using the contact form on the Site or by ordinary post to HGX Pty Ltd, Level 1, 658 Church St, Richmond Vic, 3121 Australia
(2) Notifications of copyright infringement must contain:
(a) Your postal address, telephone number and e-mail address;
(b) Precise details about the content in question (insertion of the text or image) including a link to the Site;
(c) A signed declaration in lieu of an oath, which evidences that you:
(i) Hold the exclusive rights to use the work;
(ii) Have not authorised the use of the material in question in this form.
14. Liability of Beautiful Accommodation
Beautiful Accommodation has taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and card details. However, Beautiful Accommodation does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.
In no event will Beautiful Accommodation be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the Site, any materials or content you submit to the Site, and your use of the Site and/or any transaction between users, even if Beautiful Accommodation has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the Site, or if you do not agree with any part of these Traveller Ts&Cs, then your sole and exclusive remedy against Beautiful Accommodation is to discontinue using the Site.
(1) These Traveller Ts&Cs, and the relationship between the Traveller and Beautiful Accommodation, shall be governed by and construed in accordance with the laws in force in Victoria, and you submit to the non-exclusive jurisdiction of the courts in that State.
(3) Beautiful Accommodation recommends that you save your own copy of these Traveller Ts&Cs in a separate file on your device or in print-out form.
(4) Beautiful Accommodation’s failure to act with respect to a breach of these Traveller Ts&Cs by the Traveller or others does not waive Beautiful Accommodation ’s right to act with respect to subsequent or similar breaches.
(5) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Traveller Ts&Cs.
(6) The invalidity of one or more provisions of these Traveller Ts&Cs shall not affect the validity of the other provisions.
1. Who we are
(b) HARDIE GRANT MEDIA PTY LTD (ABN 17 080 486 755);
(c) HGX Pty Ltd (ABN 15 612 186 946);
(d) HARDIE GRANT PUBLISHING (ACN 080 486 746)
2. How we collect your personal information
We will collect and hold your personal information in a fair and lawful manner, and not in an intrusive way. Where it is reasonably practical to do so, we will collect your personal information directly from you. We may collect the personal information you directly give us through some of the following means:(a) when you make a purchase from us;
(b) when you subscribe to receive information from us;
(c) when you make an inquiry or order in relation to goods or services through our Websites;
(d) in administering and performing any contracts with service providers;
(e) when you contact us via telephone or facsimile;
(f) from correspondence (whether in writing or electronically);
(g) through any mobile applications provided by our organisation;
(h) while conducting customer satisfaction and market research surveys;
(i) when administering any of our services; and
(j) As otherwise required to manage our business.
However, in certain cases we may collect personal information from publically available sources and third parties, such as suppliers, recruitment agencies, contractors, our clients and business partners.
If we collect personal information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.
3. Types of personal information we collect
The type of personal information we may collect can include (but is not limited to), your name, your region or postal address, email address, phone numbers, together with information about the products or services we have provided you, billing information and, if applicable, employment information.
Where you do not wish to provide us with your personal information, we may not be able to provide you with requested goods or services.
4. Our purposes for handling your personal information
As a general rule, we only process personal information for purposes that would be considered relevant and reasonable in the circumstances.
We collect, hold, use and disclose personal information to:(a) offer and provide you with our goods and services;
(b) manage and administer those goods and services, including account keeping procedures;
(c) communicate with you, including (but not limited to), emailing you tax invoices, dispatch and tracking information, returns and exchange authorisations;
(d) comply with our legal and regulatory obligations; and
(e) Otherwise to manage our business.
We will not use or disclose your personal information for any other purpose unless you have consented to that use or disclosure.
We may disclose personal information between our organisations or to third parties such as our suppliers, organisations that provide us with technical and support services, or our professional advisors, where permitted by the Privacy Act. If we disclose information to a third party, we generally require that the third party protect your information to the same extent that we do.
5. Protection of personal information
We will hold personal information as either secure physical records, electronically on our intranet system, in cloud storage, and in some cases, records on third party servers, which may be located overseas.
We maintain appropriate physical, procedural and technical security for our offices and information storage facilities so as to prevent any loss, misuse, unauthorised access, disclosure, or modification of personal information. This also applies to disposal of personal information.
We further protect personal information by restricting access to personal information to only those who need access to the personal information to do their job. Physical, electronic and managerial procedures have been employed to safeguard the security and integrity of your personal information.
We will destroy or de-identify personal information once it is no longer needed for a valid purpose or required to be kept by law.
6. Direct marketing
Like most businesses, marketing is important to our continued success. We believe we have a unique range of products and services that we provide to customers at a high standard. We therefore like to stay in touch with customers and let them know about new opportunities. We may provide you with information about new products, services and promotions either from us, or from third parties which may be of interest to you.
We will not disclose your personal information to third parties for marketing purposes without your consent.
You may opt out at any time if you no longer wish to receive commercial messages from us. You can make this request by contacting our Privacy Officer.
7. Accessing and correcting your personal information
You may contact our Privacy Officer to request access to the personal information that we hold about you and/or to make corrections to that information, at any time. On the rare occasions when we refuse access, we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to any of the personal information we hold about you.
We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing.
We will respond to all requests for access to or correction of personal information within a reasonable time.
8. Overseas transfers of personal information
By providing your personal information to us, you consent to us disclosing your personal information to overseas recipients for purposes necessary or useful in the course of operating our business, and agree that APP 8.1 will not apply to such disclosures. For the avoidance of doubt, in the event that an overseas recipient breaches the Australian Privacy Principles, that entity will not be bound by, and you will not be able seek redress under, the Privacy Act.
If you do not want us to disclose your information to overseas recipients, please let us know.
9. Using our Websites
We use Google Analytics to gather statistics on the usage of our Websites. Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and YouTube. Beautiful Accommodation has no control over Google’s data collection. More details are available on the Google Analytics website at https://support.google.com/analytics/answer/6004245.
10. Resolving personal information concerns
The Privacy Officer
Telephone: + 6 13 8520 6444
We take all complaints seriously, and will respond to your complaint within a reasonable period.
If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Telephone: 1300 363 992
The last update to this document was 23rd January, 2017.