Park Partner Terms Of Service
ParkBooker – Park Partner Terms of Service
Last updated: 20/09/2024
1. Parties
1.1. In these Owner Terms of Service (Terms), the expressions:
1.1.1. “Park Booker”, "we", "us" and "our" are a reference to Park Booker Pty Ltd ACN 667 581 446; and
1.1.2. “Owners” and “you” are a reference to any party which uses the Website to offer or list any accommodation inventory, including holiday and caravan park owners, lessees and property managers.
2. Introduction
2.1. Park Booker provides an on-line platform which enable Owners to list accommodation inventories and travellers to book such accommodation inventory (Services). The Services are provided via a URL, https://parkbooker.com/ (Website).
2.2. These Terms constitute a legally binding agreement between Park Booker and the Owner (Agreement) and continue in full force and effect until terminated in accordance with the Terms. By using or accessing the Website or Park Booker’s platforms or systems in the capacity of an Owner, you:
2.2.1. acknowledge that you agree to and are subject to the Terms;
2.2.2. agree to be bound by and comply with the Privacy Policy;
2.2.3. represent that if the Owner is a company, partnership or other entity, any person who uses the Website agrees to the Terms and has the authority to bind the Owner to these Terms; and
2.2.4. warrant that you are able to enter into legally binding contracts.
2.3. Please note that these Terms and the Privacy Policy apply to all Owners. If you do not accept and agree to the Terms, Privacy Policy or any modification, you are not authorised to access or otherwise use the Services.
3. Relationship between the parties
3.1. The Website allows Park Booker to list one or more of the Owner’s accommodation inventories available for booking (each an Accommodation Inventory and together Accommodation Inventories) with different pricing formats for potential travellers (and all persons named on the booking) to book (each, a Traveller and, collectively with an Owner the Users).
3.2. The Website acts only as a platform for Users to interact with each other. As the provider of the Services, Park Booker does not own, control, offer or manage any information made accessible to Park Booker for the purposes of a Listing including, but not limited to, any and all representations about any Accommodation Inventory, its amenities, location, price, and its availability for a specific date or range of dates. Park Booker is not, and does not become, a party to any contractual relationship between a Traveller and an Owner in respect of any booking.
4. Accommodation Inventory Listings
4.1. Owners may in accordance with these Terms request that Park Booker place a listing for specific Accommodation Inventory through a pay per booking listing (Listing) on the Website.
4.2. Park Booker reserves the right to decline to place any Listing which, in Park Booker’s reasonable discretion, is capable of infringing, or being associated with the infringement of, any provision of these Terms.
5. Payment Terms
Payment service
5.1. Park Booker provides Payment Services to Owners publishing, offering and booking Accommodation Inventory, and other current and future services provided via the Website. These Payment Services are provided for the benefit of Owners and may include (if available) the following:
5.1.1. collecting payments from Travellers (Payin);
5.1.2. effecting payments to Owners (Payout); and
5.1.3. other payment related services in connection with the Services,
(collectively, Payment Services).
5.2. Park Booker provides the Payment Services to Owners as the Owner’s limited payment collection agent by accepting and processing funds from Travellers booking Accommodation Inventories on the Owner’s behalf.
Collection of Fees from Traveller
5.3. Park Booker collects the Fees from the Traveller at the time the Traveller’s booking request is confirmed by both Park Booker and the Owner’s booking management systems.
Commission payable to Park Booker
5.4. Subject to clause 6, the Owner will be charged and must pay to Park Booker a commission equal to 15% of the total booking amount set by the Owner on every booking sourced through the Website (Commission).
Timing of Payout to Owner
5.5. Park Booker will forward to the Owner the Fees less Commission, less any applicable GST or other taxes and less any other applicable amounts that may be deducted pursuant to these Terms or as required by law.
5.6. Subject to and conditional upon successful receipt of the associated payments from Travellers, Park Booker will generally initiate Payouts to your selected Payout Method within seven (7) days of the booking becoming Unconditional.
Valid Payout Method
5.7. In order to receive a Payout you must have provided a valid Payout Method to Park Booker to facilitate the Payment Services. The information Park Booker requires for a valid Payout Method may change, and Park Booker may request additional information at any time.
5.8. Park Booker is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
Suspension or cancellation of Payout
5.9. Park Booker may temporarily place a hold, suspend, or cancel any Payout for the purposes of preventing unlawful activity or if we are unable to verify your identity.
Payment Service Providers
5.10. The Payment Services may involve the use of one or more third-party payment service providers, such as Stripe. Your access to or use of certain Payment Services may be subject your prior agreement to be bound by these third-party payment service providers’ privacy policy and terms of service. By using the Services you consent to Park Booker sharing information and payment instructions to these third party service providers to the extent required to provide you with the Services.
Agency appointment to collect Fees
5.11. Each Owner appoints Park Booker as the Owner’s payment collection agent solely for the limited purpose of accepting and processing funds from Travellers booking Accommodation Inventories on the Owner’s behalf via the Website.
5.12. Each Owner understands that Park Booker’s obligation to pay the Owner is subject to and conditional upon successful receipt of the associated payments from Travellers. Park Booker guarantees payments to the Owner only for such amounts that have been successfully received by Park Booker from Travellers.
Maintenance
5.13. Park Booker may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services.
Deduction right following Payout
5.14. If Park Booker is entitled to deduct an amount from a Payout pursuant to these Terms and that Payout has already been paid, the Owner agrees to immediately pay the amount of the deduction within seven (7) days of notice from Park Booker with the details of the deduction entitlement.
Set off
5.15. Park Booker may, but need not, set off any amounts payable to Park Booker by the Owner pursuant to these Terms against any amounts owing to the Owner, including any Payout.
6. Incentive
6.1. Park Booker may offer Owners fixed or temporary products, programs, features or incentives (Incentives) from time to time such as a reduced Commission percentage.
6.2. For the avoidance of doubt:
6.2.1. determinations of eligibility will be made in Park Booker’s sole discretion;
6.2.2. Park Booker shall not be obligated to make Incentives available to all Owners; and
6.2.3. Park Booker may determine the terms of the Incentive and you may be required to agree to subsequent terms in the future applicable to the Incentive.
6.3. The Incentive (including its nature and existence, features and functionality) and any other information disclosed and/or materials provided by Park Booker to you in connection with the Incentive are “Confidential Information” of Park Booker and must not be disclosed without the prior written consent of Park Booker.
6.4. Park Booker reserves the right to any remedy, including disqualifying you from participation in an Incentive, if it determines that you have committed fraud, tampering, or violated these Terms.
7. Rights and obligations of the Owner
7.1. The Owner shall submit accurate, complete and truthful information about their personal identity, payment data and other communications using the Services.
7.2. The Owner warrants and represents on an ongoing basis for so long as any Accommodation Inventory is listed on the Website or any stay in respect of a booking for an Accommodation Inventory is pending:
7.2.1. it owns and/or has all necessary rights and authority to offer for booking and to proceed to take bookings for the Accommodation Inventory listed on the Website;
7.2.2. that all of the information made accessible to Park Booker is accurate and up-to-date, including, but not limited to any and all representations about any Accommodation Inventory, its amenities, location, price, and its availability for a specific date or range of dates;
7.2.3. it will provide any and all refunds when due in accordance with the applicable cancellation policy or underlying booking agreement; and
7.2.4. it will comply with any standards and policies provided from Park Booker from time to time.
Prohibitions
7.3. The Owner shall not directly or indirectly refer to Park Booker or any of their respective affiliates in any way that might lead someone to believe that the Owner, any Accommodation Inventory, Listing or website is sponsored by, affiliated with, or endorsed by Park Booker or any of their respective affiliates.
7.4. In the event of any breach of these Terms by an Owner, Park Booker reserves the right to suspend, amend or terminate the relevant Listing or all Listings associated with the Owner in accordance with these Terms.
8. Cancellations and booking modifications
Traveller cancellations
8.1. If a Traveller cancels a booking, the parties will work together to give effect to the Owner’s cancellation policy that applies to that booking.
8.2. The parties will use their best efforts to collaboratively determine the outcome associated with a Traveller cancellation that is not subject to the terms of the Owner’s cancellation policy.
8.3. If a booking is cancelled by a Traveller, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Traveller.
8.4. If we reasonably expect to provide a refund to a Traveller, we may delay release of any Payout for that booking until a refund decision is made.
Owner cancellations
8.5. If an Owner cancels a booking on a Traveller, we will retain the Commission that would have been payable if such booking had not been cancelled.
8.6. An Owner will be responsible for a cancellation when it occurs because of conditions in the Listing are grossly and materially different from how the Listing was described at the time of booking.
Booking modifications and queries
8.7. Park Booker may directly assist a Traveller with any booking modifications or queries in accordance with the Owner’s booking policy.
8.8. The Owner may assist a Traveller with any booking modifications or queries in accordance with the Owner’s booking policy if contacted directly from a Traveller.
8.9. Any Traveller booking modifications and queries which are not included in the terms of the Owner’s booking policy must be agreed in writing between Park Booker and the Owner prior to confirmation with a Traveller.
9. Intellectual Property
9.1. Where an Owner transmits or otherwise makes available to Park Booker any content of any type, including text or images, the Owner undertakes that it has the right to do so, and has been granted all the necessary consents or permissions of any owners of featured items.
9.2. Owners authorise Park Booker to use such content described in clause 9.1 on the Website and the Owner grants Park Booker, a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform any such content throughout the world in any media, to maintain and improve Park Booker.
10. Use of Traveller personal information
10.1. You agree that, with respect to a Traveller’s personal information that you obtain directly or indirectly from or through the Website or Park Booker, you may only use such information necessary to facilitate a transaction arising from the Website as authorised by these Terms.
11. Termination
Owner termination rights
11.1. You may terminate this Agreement at your convenience by providing five (5) days’ written notice to Park Booker.
Park Booker termination rights
11.2. Without limiting our rights specified below, Park Booker may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
11.3. Park Booker may also terminate this Agreement immediately without notice if:
11.3.1. you have materially breached your obligations under these Terms;
11.3.2. you have provided inaccurate, fraudulent, outdated, or incomplete information;
11.3.3. you have violated applicable laws, regulations, or third-party rights; or
11.3.4. Park Booker believes in good faith that such action is reasonably necessary to protect other Owners, Park Booker, Travellers or third parties.
11.4. In case of non-material breaches or where otherwise reasonable, you will be given reasonable notice of any actions that Park Booker proposes to take and an opportunity to remedy the non-material breach (if it is capable of remedy), unless such notification would:
11.4.1. prevent or impede the detection or prevention of fraud or other illegal activities;
11.4.2. harm the legitimate interests of other Owners, Travellers or third parties; or
11.4.3. contravene applicable laws.
Effect of Termination
11.5. If either party terminates this Agreement, any existing bookings will be deemed an Owner cancellation and dealt with accordingly pursuant to these Terms.
12. Australian Consumer Law
12.1. By listing Accommodation Inventories on the Website, you:
12.1.1. acknowledge and agree that you are a supplier (as defined within the Australian Consumer Law (ACL)) and Travellers are consumers (as defined within the ACL);
12.1.2. acknowledge that you are obliged to meet the consumer guarantees afforded to Travellers under the ACL; and
12.1.3. warrant that, in the listing of the Accommodation Inventories on our Website and in the provision of the Accommodation Inventory to a Traveller under a booking, that you will at all times meet the consumer guarantees afforded to Travellers under the ACL.
13. Indemnity
13.1. The Owner will at all times indemnify and keep indemnified Park Booker and its officers, employees and agents from and against any Loss or Claim incurred by Park Booker where such Loss or Claim arose as a result of the Owner’s breach of clause 12.
14. Taxes
14.1. As an Owner you are solely responsible for determining your obligations to report, collect, remit or include in your Listing any applicable GST or any other equivalent Taxes.
15. General
15.1. Park Booker may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Website and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement immediately as provided in these Terms. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Website will constitute acceptance of the revised Terms.
15.2. These terms are governed by the laws of Victoria, Australia.
15.3. This Agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement and supersedes any prior understanding, arrangement, representation, or agreement between the parties as to the subject matter of this Agreement.
15.4. Clause 15.3 does not exclude a party’s liability for prior false, misleading or deceptive statements or misrepresentations, where oral or written.
16. Defined terms and interpretation
Definitions
In these Terms:
Accommodation Inventory has the meaning given to it in clause 3.1.
Agreement means these Terms and the Privacy Policy as amended pursuant to its terms.
Australian Consumer Law means the Australian Consumer Law pursuant to Schedule 2 to the Competition and Consumer Act 2012 (Cth).
Commission has the meaning given to it in clause 5.4.
Corporations Act means the Corporations Act 2001 (Cth).
Fees means the Listing price, Commission and any applicable taxes.
Government Agency means any government in any jurisdiction, whether deferral, state, territorial, local or foreign including an administrative or judicial body, department, commission, authority, instrumentality, tribunal, regulator, agency or entity of any such government.
GST has the meaning given to it in the GST Act.
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Listing has the meaning given to it in clause 4.1.
Loss or Claim means, in relation to any person:
(a) a damage, loss, cost, expense or liability incurred by the person; or
(b) a claim, action, proceeding or demand made against the person,
however, arising and whether present or future, fixed or unascertained, actual or contingent.
Payin has the meaning given to it in clause 5.1.1.
Payment Services has the meaning given to it in clause 5.1.
Payout has the meaning given to it in clause 5.1.2.
Payout Method means a financial instrument associated with an Owner’s Park Booker account, such as a PayPal account, bank account, a prepaid card, or a debit card.
Services has the meaning given to it in clause 2.1.
Taxes means any:
(a) tax, levy, impost, fee, charge, excise, customs, rate, compulsory loan, deduction, withholding or surcharge that is assessed, levied, imposed or collected by any Government Agency;
(b) unless the context requires otherwise, duty and GST; and
interest, penalty, charge, fine or fee or other amount of any kind assessed, charged or imposed on or in respect of any of the above.
Terms (c) has the meaning given to it in clause 1.1 as amended pursuant to its terms.
Traveller has the meaning given to it in clause 3.1.
Unconditional means once a booking of a Listing can no longer be cancelled by a Traveller in accordance with the cancellation policy applicable to that booking.
User has the meaning given to it in clause 3.1.
Website has the meaning given to it in clause 2.1.
Interpretation
16.1. In these Terms, except where the context requires otherwise:
16.1.1. a reference to a party includes the party’s executors, administrators, successors, substitutes and permitted assigns; and
16.1.2. a reference to a document or agreement, including these Terms, is a reference to that document or agreement as amended, supplemented, varied, or replaced.