Traveller Terms and Conditions

Last updated: 05 July 2021
1. Introduction
1.1 HomeAway (as defined below) is a subsidiary of Expedia, Inc. (“Expedia”), a Washington corporation. The HomeAway Group (as defined below) provides an on-line platform and various tools, services, and functions which enable property owners to list property and travellers to book such property (together the “Services”). Services are provided via URL’s and also via mobile applications (for mobile phone, tablet and other devices or interfaces) on which these terms and conditions are posted, by link or otherwise (collectively, the "Site"). The Site is operated by HomeAway Emerging Markets Pte Ltd, incorporated and registered in Singapore with registration number 201114875K and having its registered office at 38 Beach Road, South Beach Tower #09-13, Singapore 189767 (“HomeAway” “we” “our” “us”). Booking payments conducted through the Site (the “Payment Services”) are handled by third party payment providers, and/or HomeAway Emerging Markets Pte Ltd (in relation to the Payment Services only, “HomeAway Financial Logistics”). Payment Services are subject to the terms and conditions of those Owners, third party payment providers or, in the case of HomeAway Financial Logistics, subject to the Accommodation Fee Collection Agreement. For the purposes of convenience of definition (but not otherwise) where we use the term “HomeAway Group” in these terms and conditions we are referring to Expedia and each of its affiliates and subsidiaries, including, without limitation, HomeAway.
1.2 These terms and conditions (the “Traveller Ts&Cs”) together with the Privacy Policy govern the relationship between HomeAway and any individual using or accessing the Site and any of the content or services available through it as a traveller or potential traveller, and who is not using it in their capacity as a property owner or property manager (each, a “Traveller” or “you”). Travellers include people who use the Site to access information about and to book properties, whether for business or leisure purposes, from property owners or property managers.
1.3 The Traveller Ts&Cs constitute a legally binding agreement between HomeAway and the Traveller. By using or accessing the Site or HomeAway’s platforms or systems, you acknowledge that you agree to and are subject to the Traveller Ts&Cs, any applicable terms and conditions for the Payment Services, including but not limited to the Accommodation Collection Fee Agreement as well as our Privacy Policy, on behalf of yourself and all persons named or otherwise travelling on your booking. A Traveller’s booking through or use of a HomeAway site (including the Site) is governed by the terms and conditions on the HomeAway site through which the booking is finalised (and not necessarily the HomeAway site on which the Property was originally listed). To the extent of any conflict between the terms and conditions of the HomeAway site on which you found the Property and the terms and conditions of the HomeAway site you finalise a booking through, the terms and conditions of the HomeAway site where the booking is finalised will govern and prevail. If you do not accept and agree to the Traveller Ts&Cs without modification, you are not authorised to access or otherwise use the Site.
1.4 HomeAway does not authorise anyone to register with, or to otherwise use, this Site unless they have the capacity to enter into legally binding contracts in Singapore.
1.5 HomeAway may revise these Traveller Ts&Cs at any time by posting an updated version to this web page. You should visit this page periodically to view the most current Traveller Ts&Cs because they are binding on you. Any changes made after you have made a booking will not affect that booking unless we are required to make the change by law.
2. The Basics
2.1 This Site is a place where Travellers can view listings of, and obtain information about, properties offered for rent (each a "Property" and together the “Properties”) by others, including property owners, lessees and managers (each, an “Owner” and collectively with a Traveller, the “users”). We may also offer other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions with each other.
2.2 The Site acts only as a platform for users to interact with each other. HomeAway is not, and does not become, a party to any contractual relationship between the Traveller and the Owner in respect of any booking, Property or payment, and does not mediate between the Traveller and the Owner in the event of any dispute arising between them. You acknowledge and agree that the Traveller and the Owner will be responsible for performing the obligations of any such agreements, that HomeAway is not a party to such agreements, and that, with the exception of HomeAway Financial Logistics’ obligations under the Accommodation Fee Collection Agreement, HomeAway (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements. This is true even if the Site facilitates a booking for a Property or the use of other Services, as HomeAway is not a party to any rental or other agreement between Travellers and Owners.
2.3 Travellers are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any Services and any transaction they enter into either on the Site or in connection with their use of the Site. Travellers should please note that Owners are responsible for and agree to abide by all laws, rules and regulations applicable to the listing and rental of their Property and the conduct of their rental property business. Please be aware that even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to any Property Listed on the Site, there may be circumstances where we are nevertheless obligated or required (as we may determine in our sole discretion) to provide information relating to any listing in order to comply with governmental or regulatory body investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
2.4 HomeAway charges a service fee payable by Travellers who book a Property on the Site via the Site checkout. The service fee covers the use of the Site, including such features as 24/7 support, and is calculated as a percentage of the total rental amount (which may include additional fees and damage deposits charged by the Owner). Depending on the laws of the jurisdiction where the Traveller and/or Owner resides, the service fee may be subject to (or may include) GST, Stay Taxes (as detailed in section 2.6), or any other equivalent indirect taxes that are applicable. Owners agree not to encourage or advise a Traveller to avoid or circumvent the service fee charged by HomeAway, and Traveller agrees not to avoid or circumvent the service fee.
2.5 HomeAway may be required to collect and remit taxes (inclusive of GST, sales taxes, or other equivalent taxes) on the Service Fee. Where required, HomeAway will provide the Traveller with commercial receipt stating the amount of taxes charged on such Service Fee. If the Traveller is entitled to an exemption from indirect taxes or their equivalent on the Service Fee, it must provide HomeAway with required documentation and support for such exemption
2.6 Collection and remittance of the Stay Tax: Travellers are liable for the payment of any tourist tax, lodging tax, tourism tax, or other similar taxes as requested by local jurisdiction (“Stay Tax”), which tax must be generally collected by the Owners. In certain jurisdictions, HomeAway may be required, or decide in its sole discretion to directly collect and remit the Stay Tax on behalf of the Owners. In such case, the Owners will have no action to take regarding the collection from the Travellers and the remittance to the city of this tax, to the extent it is collected and remitted by HomeAway. In any jurisdictions in which such process will be implemented, Owner instructs and authorizes HomeAway to collect the Stay Tax from the Travellers on their behalf and to proceed to the relevant tax filing requirements before the City, including its remittance.
2.7 The Site contains Listings (defined below) provided by Owners and content from other third parties. Such content is the responsibility of the Owner or third party creator of the content. We have no responsibility for such content as we merely provide access to the content as a service to you and provide you with the facility to communicate directly with the Owner to enquire about a Property and make bookings with the Owner for the rental of such Property. All bookings you make are made directly with the Owner and your contract will be with the Owner. Any such contract will govern your right to occupy and use the Property and may contain obligations to pay additional fees and taxes. HomeAway has no liability to you for the Owner’s provision of the Property. We do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information in the Listings or any opinions/content posted by third parties.
2.8 HomeAway allows Travellers to display prices on the Site in the currency of their choice and may also allow Travellers to pay in the currency of their choice. Different currency choices are generally based on publicly available currency rates and are not guaranteed to be the best rate available. If your currency of choice is not supported for a booking, you'll be charged in the Owner's selected currency. In any event, the currency and exact amount you will pay will be displayed clearly at check out. Our overall compensation may be affected by the currency you choose to pay in. Note that if you pay in a currency different than the currency of your card, your bank or card provider may charge you foreign exchange, transaction, or other fees.
3. Property Listings and Interaction with Owners
3.1 Please note that Owners are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer (“Listings”), for updating them and ensuring (where relevant) that they are correctly translated. Thus, where a Listing is linked to an automated translation facility, such as Google Translate, it is the Owner’s responsibility to ensure that the resulting translation is accurate, and to correct any deficiencies.
3.2 If a Traveller finds a Property in which they are interested, they can send an information request to the Owner (an “Enquiry” or “Enquiries”) stating their surname, email address and telephone number, along with any requested information, without having to log in to the Site for the purpose. Travellers that use the Site to send enquiries, book a property or who register with us will receive our newsletter. The HomeAway Group may offer different newsletters from time to time intended to enhance the services offered by a member of the HomeAway Group. Travellers may opt-in to receiving newsletters when sending enquiries or opt-out of receiving newsletters when booking on the Site, or cancel their subscription to these email newsletters at any time through the Communications Preference Centre, although it may take a short while for the changes in your preferences to become effective.
3.3 The Traveller will receive a confirmation email from HomeAway once an Enquiry has been sent to the Owner.
3.4 The Owner may then communicate with the Traveller directly in connection with the Enquiry and Travellers and Owners may also communicate with each other via the Site (and via other tools on the HomeAway platform).
3.5 Traveller can request a booking online, which: (i) for instant confirmation properties, can be confirmed without a delay from requesting the booking; and (ii) for all other properties, shall be approved or declined by the Owner within 24 hours. For online payment, a Traveller whose booking was confirmed can pay with their credit card through the payments gateway offered by our third party payment provider and/or the Owner, and/or HomeAway Financial Logistics. The online payment service is subject to the terms and conditions of the third party payment provider, or the Owner, or, in the case of HomeAway Financial Logistics, the Accommodation Fee Collection Agreement and Traveller agrees and acknowledges that (with exception of HomeAway Financial Logistics’ obligations pursuant to the Accommodation Collection Fee Agreement) HomeAway has no control over or any responsibility for this service.
3.6 Enquiries sent by a Traveller to an Owner on the Site, may include Traveller’s personal information (including email address, phone numbers and other information the Traveller provides) and the Owner may use such personal information in order to respond to the Traveller.
3.7 Any communication between Travellers and Owners using the HomeAway platform must not include email addresses or phone numbers. Please be aware that any communication on the Site (or through the HomeAway platform) may be monitored and will be available to view by HomeAway employees and representatives. Please also be aware, in accordance with our security and account requirements, we may remove or redact information from any such communications (for example, email addresses, phone numbers or other content we deem to be inappropriate or non-compliant with the Traveller Ts&Cs or applicable laws and regulations).
3.8 HomeAway may, from time to time, use third party email servers to send and track receipt of the Enquiry emails, and analyse the pattern of Enquiry usage reported by these third party tracking systems. Our system does not hold messages indefinitely and they may not be accessible after the message has been delivered to you. Please print a copy of any message which is important to you – for example a payment receipt or a booking confirmation.
3.9 HomeAway has no responsibility for or otherwise stated involvement in, the communications between the Owner and Traveller.
4. Registration and establishing an Account
4.1 Should Travellers wish to use Services available on the Site other than simply making an Enquiry, they must register with the Site. HomeAway does not authorise anyone to register with the Site unless they are able to enter into legally binding contracts. As a result of successfully completing the registration process, the Traveller obtains a user account for the Site (an “Account”).
4.2 To obtain an Account, a Traveller must follow all the instructions given by HomeAway during the registration process. A Traveller can sign up for an Account using a personal email address or alternatively can sign up using Facebook login credentials by clicking on the Facebook login button on the registration screen.
4.3 The Traveller’s Account includes information which is made publicly available to other users of the Site and can also be seen by other internet users not registered on the Site, for example, it may show up in Google search engines. An Account includes, amongst other things:
  • A dedicated page, known as “My profile” page, on which the Traveller’s profile name will be listed as a mandatory field. Other personal and travel information are optional, at the discretion of the Traveller;
  • The ability to monitor specific Properties;
  • Save favourite Properties;
  • Add notes and create lists;
  • Save comments on Properties;
  • Place reviews of rented Properties;
  • Link Traveller’s Facebook account. By logging in with Facebook or linking an Account with Facebook, the Traveller agrees to transfer their login credentials from Facebook and to display the list of Facebook friends who also have an account with HomeAway Group. This information will be displayed on Traveller profile page.
  • Share favourite Properties or lists with others, such as friends and family and social networks.
  • A link to Owner Reviews (as defined below).
4.4 Travellers can deactivate their Account at any time and they can also unlink their Account and public page from Facebook at any time. Travellers can unlink their Accounts by going directly to their Traveller profile settings page. You understand and accept that even if you deactivate your Account data could be retained by HomeAway Group under the terms of the Privacy Policy. You understand and consent to the use of your data as outlined in the Privacy Policy. You also understand and accept that data relating to your transactions with HomeAway Group could have been transmitted to and remain on other sites, for example Google if Google search engine technology has copied content from HomeAway Group’s sites or systems.
4.5 HomeAway also uses Google Analytics to gather statistics on Site usage. There are more details in the Privacy Policy and in Google’s own privacy policy. Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube. You understand and accept that the HomeAway Group has no control over Google’s data collection.
5. Rights and obligations of HomeAway
5.1 HomeAway will endeavour to reproduce accurately on the Site any photographs supplied by Owner. However, Traveller acknowledges that deviations from original photos can occur when scanning non-digital images or due to individual screen settings, and that HomeAway shall have no responsibility or liability for any such deviation.
5.2 Further, you acknowledge that each Owner and not HomeAway is responsible for the accuracy with which the photos and descriptions depict the relevant Property.
5.3 HomeAway may occasionally undertake upgrades and maintenance of the Site, its platforms and systems. These works may result in restrictions on usage. HomeAway will, where possible, aim to ensure that such works are undertaken at a time when most Travellers’ usage is least affected.
5.4 User verification on the Internet is difficult and we cannot and do not assume any responsibility for verification of each user's purported identity. We encourage Travellers and Owners to communicate directly with each other through the tools available on the Site (however, even this cannot guarantee the identity of the person with whom you are communicating). We further encourage Travellers to take other reasonable measures to assure yourself of an Owner's identity and of the Property and relevant details of your booking or proposed booking. You agree to: (i) keep your password and online ID for both your Account and your email account secure and strictly confidential, providing it only to authorised users of such accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorised person, (iii) notify us immediately and select a new online ID and password if you believe your password for your Account may have become known to an unauthorised person or has otherwise been compromised, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and/or password. Further, if we suspect any unauthorised access to or use of your Account, upon our request you must promptly change your ID and password and take any other related action(s) as we may reasonably request. We discourage you from giving anyone access to your online ID and password for your Account. However, if you do give someone your Account ID and/or password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your Account and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed. For the avoidance of doubt, HomeAway will have no liability to you in any such event.
5.5 You acknowledge and agree that HomeAway is not responsible for checking the identity, or for the behaviour, of Owners or for establishing the nature, condition or existence of a Property.
5.6 HomeAway 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 or to any other entity belonging to the HomeAway Group, but will not do so in such a way as to reduce any guarantees you are given under these Traveller Ts&Cs.
5.7 The property listings displayed in a given set of search results depend primarily on the particular combination of property parameters and filters entered by the traveller. Search criteria may include such things as property location, dates of stay, number of travellers, type and nature of accommodations, desired property attributes and amenities, and price range, all of which are processed in accordance with our computer algorithms to find listings that most closely match those criteria. The order of appearance of those listings among all of the properties on the platform that meet the traveller’s search criteria (i.e., the sort order) then may be influenced further by traveller-selected sort preferences, such as low-to-high pricing or high-to-low ratings; as well as factors that are compared automatically by sort-algorithms, such as popularity of the property among other travellers, quality of the property and the listing content, competitiveness of rates and availability, and the amount we will earn in service fees, all relative to other properties that meet the traveller’s criteria. Certain listings also may be closer to the top in a set of search results as a result of the partners’ having chosen to apply a “boost” to those listings on one or more of the traveller’s selected dates-of-stay. Click here for more information about the Boost program. Traveller search-results and property sort-order are dynamic, and will vary from search to search, based on demand, availability, changes in partner status or listing popularity, and so on. In addition, as we continue to make improvements in our programs and tools, we may run tests or modify our default sort-order algorithms from time to time to help improve both the traveller and partner platform experience.
6. Intellectual Property
6.1 All content that appears on the Site is protected by copyright and other applicable intellectual property rights. To the maximum extent permitted by law, reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
6.2 Travellers are permitted to download, display or print individual pages of the Site to evidence any agreement with HomeAway and to retain a copy of their bookings. The relevant file or the relevant printout must clearly bear the text “© Copyright 2020 HomeAway - All Rights Reserved”.
6.3 Where a Traveller submits to or transmits through the Site (or HomeAway’s platform or systems) any content of any type, including text or images, the Traveller undertakes that it has the legal rights to do so.
6.4 To the extent that Travellers’ reviews or other content may contain trademarks or other proprietary names or marks, Travellers undertake that they have the right to use such names or marks.
6.5 By submitting any form of content to the Site (including but not limited to all text, descriptions, reviews, photographs, and the like), the Traveller grants Expedia, HomeAway and each of their subsidiary and affiliate companies, a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable (through multiple tiers) 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, now known or hereafter devised for any purpose.
7. Travellers’ Accounts, Communications and Reviews
7.1 Travellers must provide only accurate, complete and truthful information concerning their identity in their Accounts and profile pages, and any other communications on the Site, including reviews of Properties.
7.2 Messages sent via HomeAway’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 HomeAway’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. Emails and Site recommendations transmitted via the “Recommend this Site” function should only be sent with the recipient’s consent. You agree that you will protect other users’ personal information with the same degree of care with which 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.
7.3 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”). Owners will also be given the opportunity to rate the Traveller’s stay (“