This website is located at www.gametraveller.com and includes all subdomains (the Website). The Website is owned and operated by Pattinson Pty Ltd (we, us and our).
By using our Website or any information, documents or other content located on our Website, you agree to be bound by these terms and conditions (the Terms).
If you do not agree with these Terms, do not use our Website.
The Website
The Website allows users to offer accommodation to third parties.
A user who offers accommodation (a Host) does so by publishing details of their offering on the Website (the Listing). The Website facilitates the Listing and the direct communication between the Host and persons looking to book accommodation (the Guests). A user may use this Website as both a Host and a Guest.
Registered Users
You are required to become a registered user to access certain parts of the Website (a Registered User). You may become a Registered User by registering an account using either your email address or your login credentials from certain third-party platforms such as Facebook or Google (as determined by us from time to time).
You may become a Registered User by supplying to us all of the information requested during the registration process.
You must be at least 18 years old to become a Registered User. By becoming a Registered User, you represent and warrant that you are at least 18 years old and have the legal capacity and authority to enter into contracts.
We reserve the right to cancel your registration if we consider that any of the information you have provided to us during the registration process is false.
We reserve the right to make access to all or part of the Website subject to certain conditions and criteria.
As a Registered User:
- you must ensure that your log-in credentials are not provided to any other person or organization (except where you login via a third-party platform);
- you must keep your account details up to date at all times;
- you must promptly notify us if you discover or suspect a security breach of your account;
- you are solely responsible for all conduct, transactions and communications that occur while logged into our Website under your login credentials;
- you are only entitled to one Registered User account; and
- you must comply with these Terms and our policies.
Registered User Identification
We cannot and do not confirm each Registered User’s identity. We do not assume any responsibility for the confirmation of any Registered Users identity.
Each Registered User is solely responsible for determining the identity and suitability of others with whom they interact on the Website.
We may, at our absolute discretion, take steps to ask Registered Users to provide identification or screen Registered Users against third party databases.
Interactions
We provide a platform to allow Guests to match with Hosts and arrange for the provision of accommodation. We do not provide the accommodation. We do not own, create, control, manage, offer or deliver any of the Listings. Only Hosts offer the Listings.
Where a Guest makes a booking via the Website, the Guest is contracting directly with the Host. We are not party to the contract. We are not a real estate agent or manager. We do not act as an agent for any Registered User (except in relation to Payment Terms).
Host’s Obligations
In addition to the requirements of a Registered User, there are other obligations that are specific to Hosts.
If you are a Host, you must:
- ensure your Listings are accurate and are not misleading or deceptive in any way;
- keep Listings up to date at all times;
- disclose any rules that you seek to impose in relation to your Guests or Listings, such as house rules;
- set the price you seek for your Listing (which must include any taxes you are required to collect);
- register for and report all taxes that may be applicable in your jurisdiction. We provide no guidance or advice on this matter;
- comply with any specific listing restrictions that we may impose, including requirements to have photographs of the accommodation on offer.
If you are a Host, you must not:
- impose any terms or limitations that are inconsistent with these Terms or any of our policies;
- seek to vary the terms of a contract with a Guest after you have approved their booking (including fees and rules).
If you make a Listing, you warrant and represent that:
- the Listing and any subsequent booking will not breach any agreements that you have with third parties, including landlords, strata corporations, councils and homeowners associations;
- you will comply with all laws, rules and regulations that apply in your jurisdiction.
We make no guarantees about the placement or ranking of your Listing on the Website either on the homepage or through a search or browse function. Your Listing will be placed in accordance with our algorithms or manual overrides, as we determine in our absolute discretion.
Guest’s Obligations
In addition to the requirements of a Registered User, there are other obligations that are specific to Guests.
If you are a Guest, you must:
- pay all fees applicable in respect of any booking that is requested and approved on the Website;
- comply with all rules imposed by the Host (provided these are disclosed prior to the booking confirmation or are otherwise reasonable);
- inform the Host of the number of guests to stay in the accommodation prior to making a booking;
- ensure that any additional guests who accompany you on a booking meet all requirements set by the Host and comply with these Terms and our policies;
- when staying at accommodation under a booking, leave the accommodation by the check-out time.
If you make a booking, you warrant and represent that:
- a confirmed booking for accommodation grants a limited license to you to enter, occupy and use the accommodation during the period of the booking and in accordance with the terms of the booking;
- you understand that if you stay in the accommodation beyond the check-out time, the Host may take any action legally available to it in the jurisdiction in which the accommodation is located.
Modifying and Cancelling Bookings
It is our policy to allow cancellations as follows. A full refund, minus Service Fees, will be permitted if cancellation is made up until a week before the arrival date. A 50% refund, minus Service Fees, will be permitted if cancellation occurs with one week of the arrival date remaining.
Damage to accommodation
The Guest is responsible for leaving the accommodation (including all personal property, fittings and fixtures upon the accommodation) in the same condition as it was in at the time of check-in. The Guest is responsible for their own acts and omissions and the acts and omissions of any persons whom they invite to the accommodation or otherwise allow to access the accommodation (except the Host and those persons invited by the Host).
Our Content
The copyright to all content on our Website, except for information attributed to others, uploaded by Registered Users and material posted via embedded third-party websites and links to other websites, belongs to us or we hold rights to use such contents (Our Content).
Your access to our Website does not grant you a licence to use any of Our Content in any commercial manner without our prior consent.
Except for the version of Our Content that is stored in your computer or device’s cache or a single permanent copy of Our Content for your personal use, you must not:
- modify, copy, transmit, distribute, display, reproduce, publish or license any of Our Content;
- use or attempt to use any of Our Content to create any website or publication;
- mirror any page within our Website; or
- use any automated process of any sort to query, access or copy any of Our Content or generate or compile any document or database based on Our Content.
User Content
We may allow Registered Users to upload, post, send or receive content on the Website (User Content).
If you upload, post, send or receive User Content on the Website, you:
- are responsible for such content;
- represent that you hold all necessary rights, consents, licences and releases to be able to deal with the User Content in the way outlined in these Terms;
- represent that have not breached or infringed any third party’s rights in the way you have dealt with the User Content;
- grant to us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable licence to all such User Content.
You acknowledge that we are not responsible for enforcing your intellectual property rights in your User Content.
You must not upload, post or send any User Content that is illegal, inappropriate, profane, obscene, defamatory, knowingly false or infringes copyright, or is otherwise harmful or objectionable (to be determined at our absolute discretion).
Except for the version of User Content that is stored in your computer or device’s cache or a single permanent copy of User Content for your personal use, you must not modify, copy, transmit, distribute, display, reproduce, publish or license any other User Content (except if you are the legal owner of such User Content).
Service Fees
There are no membership fees or charges to list accommodation on the site. As a Host there is a 5% Service Fee if someone books with you, this is to cover administration and processing of transactions. For Guests, there is a 12% service fee which is added on to the overall booking amount.
Disputes between Hosts and Guests
Gametraveller is under no obligation to mediate in disputes between Hosts and Guests but will aim to investigate and achieve an agreeable resolution with both parties, where possible. We ask that both Host and Guest lay out their grievances, in writing, within 48 hours of the check-out time with relevant evidence and submit to us.
Restricted Use
You acknowledge and agree that unauthorised use of the Website may be a criminal offence and/or give rise to a claim for damages.
You agree not to:
- use the Website for unauthorised or unlawful purposes;
- conduct surveys, contests, pyramid schemes or chain letters on the Website;
- introduce any form of malicious software into the Website; or
- collect information about others on the Website without their consent.
Links to third party websites, advertising and e-commerce offers
The Website may contain hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under our control and we are not responsible for the contents of any linked website or any hyperlink contained in a linked website. Your follow any link to any such website is entirely at your own risk.
The Website may also contain third party advertisements (including banner ads and full-page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third-party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third-party advertisers and are not recommendations or endorsements by us. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisement may contain representations or offers by the third-party advertiser which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by us, and the third-party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third-party website.
Privacy
All information collected by us through our Website is subject to our Privacy Policy, which forms part of these Terms and which can be viewed on the website.
Limitations
You agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of our Website and Content, User Content, your publishing or booking of any Listing via the Website, your stay at any accommodation or any other interaction you have with other Registered Users, whether in person or online (the Activities), remains with you. We are not liable for any claims, demands, actions, damages, losses, costs and expenses arising out of or in connection with these Terms or the Activities.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations in these Terms may not apply to you.
Notwithstanding anything to the contrary in these Terms, nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud.
Indemnity
By engaging in any of the Activities, you agree to indemnify and hold us harmless from all claims, demands, actions, damages, losses, costs and expenses including legal fees arising from or in connection with those Activities.
General
We reserve the right to amend these Terms at any time. We will notify you via email of any amendments at least 30 days before the effective date of such amendments. Your use of our Website following the effective day of any amendment will represent your agreement to be bound by these Terms as amended.
If any of these Terms is determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term will be severed and the remaining Terms will survive and remain in full force and effect and continue to be binding and enforceable.
Our rights and remedies under these Terms cannot be waived except in writing signed by us. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of our other rights.
These Terms are governed by and construed in accordance with the laws of the State of South Australia and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.
We may terminate your right to access and use our Website at any time without notice if we consider that you are in breach of these Terms.
In these Terms:
- words in the singular include the plural and vice versa;
- headings are for convenience only and will not affect the interpretation of the Terms;
- if a word or phrase is defined its other grammatical forms have corresponding meanings;
- ‘includes’ or ‘including’ mean includes without limitation; and
- an obligation includes a warranty or representation and a reference to a failure to comply with an obligation includes a breach of warranty or representation.
Any dispute that you raise on the basis of these Terms must first be referred to us for resolution, by providing us with a notice to info@gametraveller.com containing a summary of the issues and your proposed resolutions. We will do our best to resolve this dispute by discussion with you within 5 business days of being notified. If we are not able to resolve the dispute in that time frame, then it may be referred to a court of competent jurisdiction.