Wayfairer aims to connect travellers and guests with accommodation and experiences providers to deepen and broaden our connection with place and each other.
We provide a platform (Platform) where:
The Platform is available at www.wayfairer.au and via other channels or addresses.
In these terms, User means Hosts or Customers and You means (as applicable) (1) the person or entity registered with us as a User; or (2) the individual accessing or using the Platform.
If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s employees, contractors and other personnel to these Terms.
You accept these Terms by checking the box, clicking “I accept” or using the Platform or the Wayfairer Services. You must be 18 years old to use the Platform.
We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the “Termination” clause.
Wayfairer is a marketplace where Hosts and Customers can find each other and advertise, buy and sell Tourism Services (including accommodation and experiences) online. We provide the Platform to Users (including hosting and maintaining the Platform), assist Users to form contracts for the supply of services and process payments between Users (together the Wayfairer Services). You understand and agree that we only make available the Platform and the Wayfairer Services. We are not party to any agreement entered into between any Hosts and Customers and we have no control over the conduct of Users or any other users of the Platform.
Hosts and Customers may enter into written agreements in relation to Tourism Services. To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.
A Host wanting to provide Tourism Services creates an account on the Platform and posts an accurate and complete description of the Tourism Services they can provide which may include an accommodation listing and experience listing. If you are a Host, we will review your request for a Listing before approving the listing. The Listing must comply with these Terms and any other guidelines set out on the Site.
Accommodation Listing: A Host wanting to provide accommodation posts an accurate and complete description of the accommodation services (including a description of the accommodation, location, availability, fees, any restrictions that apply such as a minimum age requirement or any other information we request you to provide).
Experience Listing: A Host wanting to provide a tourism experience posts an accurate and complete description of the tourism experience they would like to provide (including a description of the activity, any minimum age, proficiency or fitness requirements and any other information we request you to provide).
A Customer wanting to buy Tourism Services creates an account on the Platform to view and browse Listings.
A Customer may request Tourism Services described in a Listing by sending a request through the Platform. The request is an offer from the Customer to the Host to book the services described in the Listing (Booking Request).
If the Host accepts the Booking Request through the Platform, it becomes a Booking and a legally binding agreement is formed between the Host and Customer for which fees will be required to be paid immediately. If you have booked accommodation services, you understand and agree that the Booking is a limited licence granted to you by the Host to enter, occupy and use the accommodation outlined in the Listing, for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the accommodation, in accordance with your agreement with the Host.
By accepting a Booking Request, the Host confirms that it is legally entitled to and capable of supplying the Tourism Services described in the Booking Request. Once a Booking Request is accepted, the Host agrees not to increase the fees.
Hosts must include all additional terms and conditions relating to Tourism Services in the relevant Listing, and must clearly state that there are additional terms and conditions. By sending a Booking Request, a Customer is accepting the additional terms and conditions of the relevant Host, including any checkout times, cancellation policy listed in the Listing and any Host rules. In the event of a material breach of Host rules, we retain the right to share a Customer's credit card details with the Host for the purposes of claims for property damage or remedial action.
If you make a Booking for accommodation services and you stay past the agreed checkout time without the Host’s consent (Overstay), you no longer have a license to stay in the accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each 24 hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to 2 times the average nightly Booking Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable taxes, and any legal expenses incurred by the Host to make you leave (collectively, Overstay Fees). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay.
We may contact you via off-Platform communication channels, such as text message, phone call or email.
Users can communicate privately using our private messaging service. Users must not communicate outside of the Platform until a Booking has been made. Users must not use the contact details to organise the provision of the services off the Platform or to contact the Host after the Booking has been completed.
You must register on the Platform and create an account (Account) to access the Platform’s features.
You may only have 1 Account on the Platform which you can use as a Host and Customer.
You must provide basic information when registering for an Account including, your legal entity name, business name, ABN and GST status (if applicable), contact name and email address and you must choose a password.
Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.
Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.
You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
We may make access to and use of certain parts of the Platform subject to conditions or requirements, the quality of your Listing, cancellation history, quality of the services and threshold of reviews.
It is free to register an Account on the Platform, for Hosts to create Listings, and for other users to review content on the Platform, including Listings.
In consideration for providing the Platform, we will charge the service fees (including any third party payment processing fees) as set out on the Platform (Service Fees). Our Service Fees include payment processing fees that are paid by Hosts, and booking processing fees that are paid by Guests, and are paid out of the Booking Fee (as defined below). To the extent permitted by law, our Service Fees are non-refundable.
As a Customer, if any Overstay Fees become due and payable, you authorise us to charge you to collect the Overstay Fees within 72 hours after checkout. We may charge Service Fees that are paid out of these Overstay Fees.
As a Customer, you agree to pay the relevant fees set out in the Listing (Booking Fee) when a Booking Request is accepted. If your Booking Request is not accepted, you will not be charged. If your Booking Request is accepted, payment will be processed within 24 hours of the Host accepting the Booking Request. If your payment cannot be processed for any reason, including insufficient funds in your bank account or an expired card, we will contact you by email and give you the opportunity to make payment. If, after contacting you, your payment can still not be processed, your Booking will be deemed to be cancelled by you, and your cancellation will be treated in accordance with our “Refund and Cancellation” clause below.
Upon receipt of the Booking Fee from the Customer, we will hold the Booking Fee on behalf of the Host until such time as they are paid to the Host, refunded to the Customer (if the Customer is entitled to a refund in accordance with these Terms) or paid to us as our Service Fees. Within 24 hours of a completed Booking, we will pay the Booking Fee on behalf of the Customer to the Host after deduction of our Service Fees.
If you are a Host, you appoint us as your limited payment collection agent solely for the purpose of accepting the Booking Fee from the relevant Customer. You agree that we will not be required to pay you any amount until we have received the Booking Fee from the relevant Customer, that we will deduct our Service Fees from any Booking Fee we receive and that we may grant refunds to a Customer in accordance with these Terms.
We provide a number of payment methods on the Platform, including our third party payment processor, currently Stripe. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.
In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.
If any payment has not been made in accordance with this clause or any cancellation fees are not paid when due, we may (at our absolute discretion) (1) immediately cease providing the Platform, and recover, as a debt due and immediately payable from you, our additional costs of doing so; and/or (2) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with this clause.
A Host must select their refund and cancellation policy from the available options set out on the Platform when creating a Listing. As a Host, you agree to deal with the cancellation, variation or refund of any Tourism Services ordered on this Platform in accordance with the cancellation policy you have chosen in the Listing.
If a Customer cancels a Booking (including if the Booking is deemed to be cancelled by the Customer due to non-payment of the Booking Fees by the due date), any refund will be calculated based on the Listing’s cancellation policy. If a Customer is eligible for a refund, we will transfer the refund amount (which is always minus our Service Fees) to the payment method originally used to pay for the Booking.
If a Host cancels a Booking, we will refund the Customer the full Booking Fees paid by the Customer and charge the Host the cancellation fee, as set out on the Platform. As a Host, you acknowledge that the cancellation fee is a genuine pre-estimate of the loss we have incurred as a result of your cancellation.
For disputes between Users, we encourage the parties to attempt to resolve disputes (including claims for returns or refunds) with the other party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the parties may choose to resolve the dispute in any manner agreed between the parties or otherwise in accordance with applicable laws.
Hosts may review their experience with the Customer on the Platform and Customers may review their experience with the Host on the Platform, including the services (each a Review).
Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.
You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You can write a Review about a Host if you have had an experience with that Host, which means that (1) you have engaged the Host through the Platform; or (2) you can otherwise document your interaction with the Host in relation to the Platform, including via correspondence (collectively referred to as a Customer Experience).
You can write a Review about a Customer if you have had an experience with that Customer, which means that (1) you have been engaged by the Customer through the Platform; or (2) you can otherwise document your interaction with the Customer in relation to the Platform, including via correspondence (collectively referred to as a Host Experience).
You may not write a review about a Host which is a business that you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Host’s business, or work for the Host. Similarly, you may not write a Review about a direct competitor to the Host you own, are employed by or work for.
Your Customer Experience or Host Experience must have occurred in the 12 months prior to you writing a Review.
You may only write about your own Customer Experience or Host Experience. You are not permitted to write a Review about somebody else’s Customer Experience or Host Experience, such as that of a family member or friend.
As a User, we may allow you to (1) post, upload, publish, send or receive relevant content and information, including images, itineraries and discovered locations and Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (Wayfairer Content and together with User Content, Content).
Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.
Subject to your compliance with these Terms, we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform and access and view any Content solely for your personal use, in accordance with these Terms. All other uses are prohibited without our prior written consent.
You grant us a non-exclusive, perpetual, revocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit the User Content for internal usage and to provide the Platform and promote the Platform in media or promotional material limited to the Wayfairer website. We will seek your approval before using User Content in Wayfairer social media accounts, Wayfairer digital advertisements, public relations material, electronic digital marketing and material published through digital media outlets and editorials.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless from and against all Liabilities, howsoever arising, suffered or incurred by us and arising from or in connection with any claim that any Liability we incur as a result of the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
You represent, warrant and agree that:
As a Host, you represent, warranty and agree that:
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).
If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
As a Customer, the Tourism Services provided by a Host may also confer on you certain rights under the ACL.
This clause will survive the termination or expiry of these Terms.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
This clause will survive the termination or expiry of these Terms.
Despite anything to the contrary, to the maximum extent permitted by law:
This clause will survive the termination or expiry of these Terms.
Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings.
We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).
We may suspend your Account or terminate these Terms immediately upon written notice to you, if:
These Terms will terminate immediately upon written notice by you, if we:
Upon expiry or termination of these Terms:
Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
This clause will survive the termination or expiry of these Terms.
As a Host you agree that you and your personnel are not entitled to the benefit of any policies of insurance that we may hold.
As a Host we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the services you choose to provide to Customers or us. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.
Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a User and us, a party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other party to seek (in good faith) to resolve the Dispute. If the parties cannot agree how to resolve the Dispute at that initial meeting, either party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, either party may ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the parties. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
Governing law: These Terms governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties. Inconsistency: Each transaction is subject to, and will be governed by these Terms and any other conditions agreed to by the Users in writing, including a Listing. To the extent there is any ambiguity, discrepancy or inconsistency in or between the terms and conditions contained in these Terms and any transaction, these Terms will prevail.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Intellectual Property Breach means any breach by you (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions or notices, please contact us at:
Wayfairer Co-operative Limited
ABN: 31 837 302 926
Last update: 17 February 2022