Privacy Policy - HolidayKeepers

ADA & FHA Compliance

Anti-discrimination Policy

Holidaykeepers, is an accessible marketplace that prohibits discrimination based on race, religion, sex, disability or age. We ask that all users uphold our anti-discrimination policy when renting their property or booking through Holidaykeepers and are aware of the national laws that govern their listing. If you feel that a user is abusing this policy, please don’t hesitate to contact us directly.

Holidaykeepers Refunds Policy

This policy governs refunds for Guests who have booked accommodation through the Holidaykeepers website and outlines the obligations of Hosts in respect to such refunds. The Holidaykeepers Refunds Policy should be read in conjunction with the Holidaykeepers Terms and Conditions which will prevail in case of any inconsistencies.

Refunds to Guests for cancellations are governed by the Cancellation Policy outlined in the Host’s property listing. In case of any inconsistency (and to the full extent permitted by law), this Refunds Policy has priority.
A Guest may cancel a booking after the booking period has commenced for the following reasons:
the Host failed to provide the Guest with reasonable access to the booked accommodation (eg. failure to provide keys or security codes);
the accommodation listing description was inaccurate in regards to: i. the size of the accommodation (eg. number or size of the bedrooms, bathrooms or living spaces) ii. whether other parties (including the Host) were staying there during the booking period with failure to notify the Guest. iii. special amenities and/or features in the listing description were not provided or did not function (eg. swimming pool, hot tub, kitchen appliances, heating or air conditioning systems). iv. the physical location of the accommodation was not accurately listed.
At the start of the reservation booked by the Guest, the accommodation: i. was not clean and/or sanitary ii. contained safety or health hazards that (as judged by Holidaykeepers) could affect the guest’s stay in a negative manner iii. was provided without clean bedding and/or bath towels for the Guest’s use (unless the Guest was notified of this in a reasonable fashion). iv. had pest control issues or pets residing there that were not disclosed on the listing.
Other reasons judged to be fair and reasonable for cancelling a booking which shall be determined by Holidaykeepers in its sole and absolute discretion, together with the Valid Cancellation Reasons.
If a Guest has a Valid Cancellation Reason, they must notify Holidaykeepers of that reason within one day of commencing stay at the accommodation. Guests can notify Holidaykeepers of the Valid Cancellation Reason by either email link or telephone (number). Holidaykeepers encourages Guests to attempt to resolve any problems with Hosts prior to contacting Holidaykeepers.
If a Guest has a Valid Cancellation Reason (to be determined by Holidaykeepers in its sole and absolute discretion), Holidaykeepers may take the following actions: Reimburse the Guest up to the amount paid by them through the Site, with the amount determined by Holidaykeepers and based on Holidaykeepers’ discretion and the nature of the travel problem incurred;

Arrange alternative, comparable accommodation for any unused nights left in the reservation, with the determination of what is comparable at the sole and absolute discretion of Holidaykeepers.

If alternative accommodation cannot be found for the Guest, Holidaykeepers is not liable for any loss, damage, disappointment or distress to the full extent allowed by law, and Holidaykeepers’ extent of liability is limited to the amount paid for the booking.

If a Guest requests Holidaykeepers to determine whether an accommodation has a Valid Cancellation Reason, and in Holidaykeepers opinion it does not, Guests hereby acknowledge and agree that Holidaykeepers may seek to hold them liable for any costs (including without limitation travel and legal costs) incurred in making that determination. Such liabilities will become a debt due and payable within 30 days of the Guest being notified of them.
Hosts are responsible for ensuring that all accommodations they list on the site meet the minimum quality standards (as defined by Holidaykeepers and applicable laws) with regards to access, safety, sanitation and cleanliness. They must ensure that the condition of the property correlates with the description on the listing and that they do not present guests with Valid Cancellation Reasons. To ensure any issues which may arise are addressed in good faith, Hosts must be available (or ensure another party is available in their stead) for the first 24-hour period following Guest check in.
If Holidaykeepers determines (in its sole and absolute discretion) that a Guest has a Valid Cancellation Reason, the Host acknowledges and agrees that Holidaykeepers may:

Hold them liable for any costs (including without limitation travel and legal costs) incurred in making that determination. Such liabilities will become a debt due and payable within 30 days of the Host being notified of them.
Not pay the Host any amounts received by Holidaykeepers if a Guest has been relocated.
In order to reimburse Holidaykeepers for amounts paid out to Guests for Valid Cancellation Reasons, reduce or off-set by the same amount any payment owed by Holidaykeepers to the Host.
If the Guest agrees, reduce the amount payable by the Guest in respect to the accommodation and pay this reduced amount to the Host. In this case, the Holidaykeepers Commission (as defined in the Terms and Conditions) shall stay at the original amount.
Choose not to consult with the Host about the Valid Cancellation Reason, although Holidaykeepers will attempt to do so on a best endeavours basis.

In addition to any other steps, Guests and Hosts acknowledge and agree that if they cancel a booking, Holidaykeepers may take any reasonable actions available, including, but not limited to:

negative ranking on a host listing;
automated cancellation reviews;
the cancellation of future bookings;
the suspension or removal of the accommodation listing or account;
penalties and fees associated with the administration of any cancellation.

Guests and Hosts acknowledge and agree that all determinations made by Holidaykeepers with regards to this Refunds Policy are final and binding.
Hosts acknowledge and agree that this Refunds Policy supersedes the Host’s Cancellation Policy. In particular, any intervention by Holidaykeepers in respect to cancellation shall not be grounds for any claim by the Host against Holidaykeepers. If a Host wishes to dispute a cancellation, they must notify Holidaykeepers in writing or by telephone and provide Holidaykeepers with information and evidence which supports their dispute. Disputes can only be considered if the Host has made a good faith effort to remedy the travel problem prior to any determination being made by Holidaykeepers.
This policy in no way constitutes an offer to insure or replace insurance contracts acquired by Guests, and neither does it include a premium to be paid by Guests. The benefits offered by this Refunds Policy are not assignable or transferable by Guests or Hosts.
Holidaykeepers reserves the right to modify or terminate this Refunds Policy at its sole discretion and without prior notice. Should this occur, Holidaykeepers will post any modifications to the Refunds Policy on the site and any claims made prior to the effective date of the modification or termination will be processed in accordance with the policy in place at the time the claim was made.
The laws of New South Wales and Australia govern this Refunds Policy. Guests and Hosts acknowledge and agree that they will resolve any dispute through the Dispute Resolution Mechanism.
In the event that any provision of this Refunds Policy are held to be invalid, illegal or unenforceable, that provision will be excised and the remaining provisions will not be impaired or affected.
This Refunds Policy contains the entire understanding between the parties concerning its subject matter and supersedes all previous agreements and understanding
Any failure by Holidaykeepers to enforce any provision of this Refunds Policy, or any forbearance, delay or indulgence granted by Holidaykeepers, will not be construed as a waiver of its rights under this policy.

Holidaykeepers Privacy Policy

Holidaykeepers is a platform where people can connect directly with one another, listing and booking unique accommodations across the globe. Our privacy policy explains how we, Holidaykeepers (the “Site”), collects data from “Users” on this website and how we treat information that comes into our possession. The policy also outlines the scope and extent of User discretion regarding the collection, correction, transmission and retention of such information.

This Privacy Policy hereby incorporates by reference all terms and conditions, policies and guidelines published on this Site, including the Holidaykeepers Terms and Conditions.

1. Information We Gather

“Personal Information” is information about you that is personally identifiable, such as your name and contact details.

“Anonymous Information” is information that is connected to your personal information and will not identify you as a User.

By submitting Personal Information to the Site, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information in accordance with this policy. Your Personal Information may be processed in the country where it was collected, as well as other countries where privacy laws are not consistent with Australian law.

2. General Data Collection Information

While we collect information submitted to us by Users, those who visit the site purely for browsing purposes will not have their Personal Information collected. Anonymous Information may be collected, however, as our server logs details of computers used to access the site, including the Internet Protocol (IP) address, browser type and the operating system. The date, time of access and details of the data downloaded will also be recorded.

Examples of User data collected can include:

Data provided when a User registers their account or updates it.
Data collected when a User accesses the Holidaykeepers platform to search for accommodations, make bookings, accept reservations, pay for accommodation, make public posts and communicate with other Users.
Data provided when a member links their account on a third party site (e.g. Facebook) to their Holidaykeepers account, in which case Holidaykeepers will obtain the personal information the member has made available to the third party site to the extent allowed by the User’s settings and authorised by the User within the third party site.
Data provided when Users communicate with Holidaykeepers.

With regard to all Personal Information submitted by Users, Holidaykeepers assures that such information will be received in the strictest confidence and will not be disclosed or sold to a third party or any other unauthorised persons. However, we may disclose Personal Information in compliance with a lawful court order or any government regulatory requirements. Information may also be disclosed to prevent a vice, such as if a person’s life is in mortal harm. We could also disclose personally identifiable information of a User to our lawyers in connection to legal proceedings instituted against us by that particular User.

Holidaykeepers maintains an arrangement with payment third parties, including [relevant third party sites for payment processing to be inserted here – e.g.: MerchantWarrior, PayPal etc…] and as such we do not receive or retain a member’s banking details.

3. Control of User Data

Information provided or entered into our website by a User belongs to them and, as such, the User has control over who has access to that information. Only Users with a recognised username and password will be allowed to access a User account. The User has an obligation to keep his/her username and password safe, ensuring that access to private information is restricted only to authorised persons. Users also have the right under the Privacy Act 1988 to request access to Personal Information held by us. Such requests may be sent using the following email [support@Holidaykeepers.com].

We may use contact information provided to us by the User to contact them about any aspect of his/her account, inform them of a product that in our estimation might be of interest to them or about an imminent downtime/upgrade, or invite the User to take part in a service-related survey. Should a User wish to stop receiving such notifications, he/she may notify us directly or edit his/her preferences accordingly.

4. Cookies

When you use the Site, Holidaykeepers may place small files called Cookies on your computer. Holidaykeepers uses Cookies to enable registered Users to tailor unique preferences and to track both registered and unregistered User activity on the Site, acknowledging trends and patterns. Holidaykeepers sends a session Cookie to your computer when you log into your account. This type of Cookie will assist Users who want to visit multiple pages on the Site, as they will not have to enter a password to view individual pages. This type of Cookie expires once the User closes the browser.

Holidaykeepers also uses longer-lasting Cookies to contain and display information relevant to a User’s account. The Cookies are encoded to ensure that only Holidaykeepers can interpret the information. Registered Users and other visitors always have the option to disable Cookies through their browser preferences, however this may make certain functions of the Site less effective.

5. Monitoring and Systems Usage

We may also use User information for internal purposes, such as monitoring our servers and system performance. We may display advertisements to Users using targeted aggregate and anonymous information collected using the Site [RP1]. But in doing so, we are still bound by our commitment not to disclose personally identifiable information to third parties.

6. Links to Other Sites

Holidaykeepers is not responsible for the privacy practices or the content of any other websites to which the Site links or those that link to our Site. By clicking on a hyperlink or logo to an external webpage, you will no longer be on the Holidaykeepers Site and we encourage Users to note the URL at the top or bottom of their browser to ensure they are aware of the internet location.

7. Governing law

This Privacy Policy will be governed by the laws currently enforced in New South Wales, as well as the Commonwealth of Australia. The Holidaykeepers Privacy Policy and information gathering activities abide by all provisions expressed in the Privacy Act 1988 (Cth), Privacy Amendment (Enhancing Privacy Protection) Act 2012, and the Privacy and Personal Information Protection Act 1998 (NSW). Holidaykeepers has taken special care to provide Users with a policy that embodies the necessary protections as provided for in the recent amendment to the Commonwealth Act.

8. Public Information

As part of registration, you may set up a profile and upload a profile photograph to allow guests or hosts to find out more about you. The information on this profile will be available to other registered Users [RP2]. Holidaykeepers does not have any obligation under the Privacy Policy with respect to information displayed in your Profile that you voluntarily provide to other Users.

9. Intellectual property

We retain the copyright of this Privacy Policy content and it may not be copied by any person without our express consent. (Please see Copyright Policy for more information.)

10. Notification of Changes

Holidaykeepers may update this Privacy Policy occasionally as the Site changes and expands. If we make substantial changes to the policy, we will release a notification and post the updated version 30 days prior to its activation. Once the amendments become effective, we will take your continued use of the Site as consent to the new terms.

11. Privacy Complaints and Enquiries

Holidaykeepers welcomes feedback about our Privacy Policy and related issues. If you have complaints or enquiries regarding privacy, please contact us at info@Holidaykeepers.com and we will respond promptly.

Responsible Disclosure

Holidaykeepers is dedicated to protecting our community of hosts and travellers. So if you are a security expert or researcher and have uncovered an issue that may affect the security of our Users, we would appreciate your assistance in disclosing it to us privately. This will allow us to correct any vulnerabilities before the issue is publicly disclosed, and in doing so protect the privacy and data of our Users.

Holidaykeepers Content Guidelines

We reserve the right to remove any content contributed to the Holidaykeepers website by members, travellers or any other user that does not meet the following guidelines.

Listings

When creating and/or managing your listing, you must ensure that content is:

honest and transparent
an accurate portrayal of the property
an accurate indication of its availability
not in breach of any law

Prohibited content includes:

any fraudulent, false or misleading information
inaccurate calendars and availability dates
property descriptions that do not relate to the property and/or contain property rates and/or traveller reviews
information that promotes another property
advertising of company names or website addresses
personal contact information
anything that violates another person’s or entity’s rights

Photo Content

We recommend that you include high-quality photos of all areas of your property to accurately showcase it to potential guests.

Photos will be removed if they:

are posted without the express consent of the owner
display a web address, logo or are watermarked
contain contact information
contain inappropriate content
are not related to your property or area

Review Guidelines

Reviews and responses:

must be in English
must be specific to the guest’s stay at the relevant accommodation
must not contain swear words or inappropriate language
cannot be discriminatory, derogatory or overly personal in nature
cannot refer to unlawful or explicit activities
must not be aiming to direct traffic to another business/property
should not be used in the resolution of conflicts or disputes regarding payment or stays at the property

Traveller and host reviews and responses are the subjective opinions of those who post the content and are not the opinions of Holidaykeepers or endorsed by us. We do not have any obligation to investigate the truthfulness or accuracy of reviews or responses and reserve the right not to publish or to remove a review which is the subject of a legal action or dispute.

If you see a review or response that does not conform to the above guidelines, please contact us directly.