Terms & Conditions
1. The Agreement
a. These Terms are between you and Casa Co Australia Pty Ltd (ACN 655 471 917) (referred to in these Terms as "we", "us" "our" or “Casa Co”).
b. We may review and change these Terms at any time by posting these changes on our website or notifying you by email.
a. You accept these Terms by either clicking the relevant ‘acceptance’ box on our website or the Platform or by using the Platform.
b. If you do not accept these Terms, or any third party terms and conditions relevant to the Platform, you must immediately cease using the Platform.
c. In addition, by accepting these Terms you agree that we may send you communications and updates about any product, service or information that we provide to our Guests and Hosts as well occasional company news and special promotional offers. If at any time you would like to stop receiving future messages from us, please email email@example.com.
2. The Platform
2.1 Our role
a. We provide the Platform to enable
(i) Hosts to list and offer accommodation services;
(ii) Equipment Providers to list and offer lifestyle equipment and activities; and
(iii) Guests to view and purchase accommodation services and lifestyle equipment.
b. Our role is to facilitate these transactions by assisting you to enter contracts with other users in your capacity as either a Host, Equipment Provider or Guest. We are an intermediary only and accordingly you acknowledge and agree:
(i) you are contracting directly with the relevant Host, Equipment Provider or Guest each time you enter a transaction with the relevant party; and
(ii) we are not a party to any contract arising out of any such transaction.
c. In addition to assisting users enter transactions, we also process payments, develop and maintain the Platform, undertake related activities and access to member only benefits as set out on our website and these Terms (Casa Co Services).
d. You acknowledge and agree we use third-party service providers, including Stripe, to manage our secure payment process as notified to you from time to time (Payment Processor) and accordingly you agree to the Payment Processor’s terms and conditions, to the extent such terms and conditions are not inconsistent with this Agreement.
2.2 Creating an Account
a. All users must complete an application form to register for an account to use the Platform (Account). We reserve the right to accept or reject any Account application or registration in our sole discretion. Unless otherwise agreed in writing, you may only register one Account.
b. When you create your account, you may do so using an email address and password.
c. To create an Account, you must:
(i) be at least 18 years of age and have the capacity to enter into legally binding agreements;
(ii) pay the relevant fees;
(iii) complete our identity verification process carried out by any third-party identity verification provider we may use from time to time (Identity Verification Provider) and a state applicable police check. You acknowledge and agree to any relevant
Identity Verification Provider terms and conditions, to the extent they are not inconsistent with the terms of this Agreement; and
(iv) comply with any other reasonable requirements we may have from time to time.
d. Your Account must not be shared with or transferred to any person - it is for your personal use only. You must keep your Account details secure and you are solely responsible for all activities carried out on or through your Account.
e. You warrant that:
(i) all information and details provided by you to us (or any relevant third party) in connection with creating your Account are true, accurate and up to date in all respects;
(ii) if you are registering an Account on behalf of a company or other entity, you have the authority to bind that company or entity to this Agreement.
f. We may impose reasonable conditions on your use of and access to your Account and the Platform, including any content, communication or listing conditions.
g. Casa Co provides its Account holders with a range of services and benefits as part of the membership. The provision of such services and benefits is at all times at the absolute discretion of Casa Co and is subject to change, variation or cancellation at any time.
h. Casa Co makes no representations or promise that the services offered at the time of joining or renewal of membership will continue to be provided to members.
2.3 Our fees
a. Casa Co charges a 7.5% service fee to Guests for each home rental booking made. This is non-refundable.
b. Guests are required to make a payment of 50% of the total booking fee plus the 7.5% service fee to confirm the booking reservation.
c. Balance payment of remaining 50% booking fee plus any additional costs such as cleaning fee are payable by Guests 5 days prior to check-in date.
d. Hosts are charged a 7.5% service fee for every confirmed booking. This is automatically deducted from their payments made to them by Casa Co.
f. Casa Co uses Stripe https://stripe.com/en-au/legal as their preferred payment authorisation authority. Any charges associated with using Stripe will be the responsibility of the user and will be in addition to any fees or charges associated with using the Casa Co Platform.
g. We do not charge fees for you to create listings and content.
h. To the extent permitted by law, our fees are non-refundable, including the payment processing fee.
2.4 Availability and restrictions
a. We will use all reasonable endeavours to ensure that the Platform is fully operational and functional. However, we do not guarantee that the Platform or any Casa Co Services, will always be available or be uninterrupted.
b. We may suspend, withdraw, discontinue or change all or any part of the Platform without notice if such urgent action is reasonably necessary. We will provide you reasonable notice where this is possible and reasonable in the circumstances. To the maximum extent permitted by law, we are not liable for any loss or damage you may suffer as a result of the
Platform being unavailable from time to time.
c. You are responsible for making all arrangements necessary for you to have access to the Platform (including internet and computer access requirements as may be necessary).
3. Guest Terms
a. As a Guest, you may interact with accommodation and equipment listings posted by Hosts and Equipment Providers, including by:
(i) viewing listings on the Platform;
(ii) requesting to book accommodation and hire equipment you have selected;
(iii) being notified by a Host or Equipment Provider whether your booking request or direct booking has been accepted or rejected.
b. When a booking request or direct booking is accepted by a Host or Equipment Provider, you agree:
(i) to pay all fees and charges applicable to your booking, including our fees notified to you, at the appropriate times dependent on your booking and any applicable taxes;
(ii) to comply with all additional terms and conditions that may be notified to you by the Host or Equipment Provider at the time of your request which may include the payment of an agreed bond (to the extent such additional terms and conditions do not conflict with these Terms);
(iii) to comply with all relevant policies and rules that relate to your booking, including any relevant cancellation and refund policy.
c. If you need to modify your booking you must contact the relevant Host or Equipment Provider directly and:
(i) any such modification must be agreed between both you and the Host or Equipment Provider before being effective; and
(ii) you agree to pay all additional fees, expenses and taxes incurred by you in connection with the booking modification through our website or relevant Payment Processor.
3.2 Our fees
a. Casa Co charges a 7.5% service fee to Hosts for each home rental booking.
a. Your accommodation booking gives you the right to enter and stay at the relevant Host property in accordance with the terms of your agreement with your Host. This right is a limited licence that is subject to the Host being entitled to enter the accommodation:
(i) where reasonably necessary (such as an emergency issue with the accommodation);
(ii) otherwise in accordance with law.
b. You must only occupy the accommodation in accordance with the terms agreed with your Host, including:
(i) for the period permitted from check-in to check-out time (and agree that additional fees and charges may apply if you check-in or check-out on incorrect dates and/or times);
(ii) in accordance with any other conditions (such as any requirements not to enter parts of the Host’s property, and any noise, guest or activity limitations).
c. If you have any issues or concerns about the accommodation, you must contact the Host directly to attempt to resolve the issue in good faith. This contact must include an email or communication through the Platform and followed up with a telephone call (if required).
d. If the issue cannot be resolved, the parties agree to resolve the dispute using any other means agreed between them. We are not responsible for assisting with the resolution of any disputes except to the extent:
(i) we agree to facilitate any refunds or fee adjustments in accordance with these Terms following the resolution of any dispute between users; and
(ii) we determine that the nature of the dispute requires our involvement, considering the issues in dispute.
3.3 Hire Equipment
a. When you book hire equipment with an Equipment Provider, you agree to use the item subject to any minimum requirements, restrictions, or conditions applicable to that particular hire equipment.
b. Any minimum requirements, restrictions or conditions will be notified to you at the time of your booking through the Platform, and may include:
(i) minimum age restrictions, including any imposed by law;
(ii) fitness or experience requirements, such as for physical activities or equipment; and
(iii) any other requirements or conditions, such as boat licence, car towing capacity, equipment and clothing requirements.
c. You are responsible for notifying the Equipment Provider of any health or medical conditions that may affect your ability to participate in the relevant experience and warrant that all information you provide each Equipment Provider is true and correct, and not misleading.
3.4 Key obligations You acknowledge and agree that:
a. you are responsible for your acts and omissions when accessing any accommodation or equipment hire including in respect to any invited guest;
b. you will comply with all applicable laws when accessing the accommodation or using in the equipment hire;
c. you will be respectful to each Host and Equipment Provider and to their property, including not intentionally damaging their property;
d. to the extent permitted by law, any fees paid to Casa Co in connection with a booking for accommodation or hire equipment are non-refundable; and
e. the use of accommodation and hire equipment may involve risk, and that to the maximum extent permitted by law, you are responsible for and assume all risk associated with these services.
4. Host and Equipment Provider Terms
a. As a Host or Equipment Provider, you may create and upload listings on the Platform for viewing by other users, including Guests.
b. Each listing you upload must contain accurate information that is not misleading in any way,
(i) all accommodation and hire equipment descriptions must be clear, informative and correct;
(ii) all photography of accommodation must be of a professional standard or taken by a photographer and approved by Casa Co;
(iii) all photography of the hire equipment must be clear and accurate and approved by Casa Co;
(iv) all fees must be fully disclosed and displayed on the listing, including accommodation fees, cleaning fees, security deposits;
(v) the relevant cancellation and refund policy is clearly displayed in the listing;
(vi) all other rules, requirements or conditions be clearly set out and displayed in the listing, including check-in and check-out times, minimum and maximum guest numbers, and any pet restrictions.
(c) All listings must have photographs of the relevant property (for accommodation services) and hire equipment (for equipment) and up to date availability information for booking purposes.
(d) You must only create one listing of each individual property or hire equipment listed on the Platform.
(e) Casa Co will review each listing for approval prior to it being published on the Platform. We may require you to amend your listing if it does
(a) Guests may initiate a request through the Platform to book your accommodation services or hire equipment following their review of your listing.
(b) If you accept a booking request or direct booking from a Guest, you are entering into a contract with that person on the terms of the booking. You will receive a booking confirmation from us via email. We are not a party to that contract and our relationship with you is independent except to the extent described in these Terms.
(c) You agree:
(i) to perform your obligations under that contract, including providing the accommodation or hire equipment to the standard and at the times and for the fees agreed with the Guest;
(ii) pay all applicable fees for the booking, including our service fee and relevant taxes for each booking in connection with the Casa Co Services.
(d) You appoint Casa Co as your limited payment collection agent solely for the purpose of accepting the booking fee from the relevant Guest through our third-party collection authority. You agree that we will not be required to pay you any amounts until they become due and payable in connection with your chosen cancellation policy as elected by you within the Platform.
(e) We may deduct our fees and charges for any booking from any payments received from the Guest through the Platform, or through any other method agreed between us in writing. You agree we may act as your payment collection agent for fees in connection with any booking.
(f) You agree that any additional terms and conditions you may enter with the Guest must not conflict with these Terms. To the extent of any inconsistency, these Terms will prevail.
4.3 Hosting Services and Agents
You may choose to provide accommodation or hire equipment through an agency or group. If you do so, these Terms bind each individual in the relevant agency or group, and you warrant that you are authorised by those persons:
(a) to enter these Terms and each contract with any Guest on their behalf; and
(b) to give us any directions or requests, including payment directions to third parties, that we
may accept in our sole discretion.
4.4 Key obligations
You acknowledge and agree that:
(a) you are responsible for:
(i) your acts and omissions when providing any accommodation or hire equipment to a Guest;
(ii) setting the price for your accommodation or hire equipment offered to Guests;
(b) you will obtain all relevant local government and council permits required to provide the accommodation services and hire equipment (as applicable), at your cost, including any planning permits or other consents and authorisations that may be required to establish your accommodation and enable them to be provided to Guests;
(c) you will comply with all applicable laws when providing the accommodation or relevant hire equipment;
(d) to the extent permitted by law, any fees paid to Casa Co in connection with a booking for accommodation or hire equipment are non-refundable;
(e) if you are unsure of your legal obligations as a Host or Equipment Provider, you will obtain independent legal advice before entering any contract with a Guest; and
(f) providing accommodation services and lifestyle equipment may involve risk, and that to the maximum extent permitted by law, you are responsible for and assume all risk associated with providing these services and lifestyle equipment.
(a) If a Guest cancels their booking with you, the terms of the relevant cancellation policy that is chosen by you and displayed on your listing will apply.
(b) The amount or manner of calculating any refund paid to the Guest, fees paid to you, and fees retained by us on a cancellation occurring will be set out in the cancellation policy.
(c) You must not cancel a Guest booking unless:
(i) permitted under the relevant cancellation policy; or
(ii) an issue has arisen that is unforeseen and not within your reasonable control, as generally described in the relevant cancellation policy.
(iii) a fair and reasonable solution can be obtained between you and the Guest
(d) Any amounts paid to you following a Guest cancellation will be reduced by amounts we may retain to cover our reasonable costs and amounts payable to the relevant Guest in accordance with the applicable cancellation policy.
(e) You agree we may:
(i) offset amounts owing to you against amounts you owe us in the event of a cancellation; and
(ii) withhold amounts owing to you from Guest bookings where we reasonably believe the relevant Guest will cancel their booking.
4.6 Booking Modifications
All booking modifications:
(a) must be made between you and the Guest directly; and
(b) to the extent applicable, each party agrees to pay all additional fees, expenses and taxes
incurred in connection with the booking modification.
We recommend you obtain appropriate insurance to cover your arrangements and activities as a Host or Equipment Provider.
4.8 COVID-19 Related Cancellation
In the event a Guest cannot attend a booking due to one of the following:
(a) the government has issued public health orders that prevent the Guest from attending their booking;
(b) the Guest contracts COVID-19 immediately prior to their booking; or
(c) is deemed a close contact of a person who contracts COVID-19 and is forced to isolate immediately prior or for the duration of their booking, you will use your best endeavours to find an alternative date that is reasonably acceptable to the Guest to provide the booking. In the event that there is no alternative arrangement that can be reasonably agreed by you and the Guest, you will provide a refund of any fees paid to the Guest in relation to their booking.
(a) You must not bypass or attempt to bypass the Platform when communicating with users to
make a booking.
(b) We may communicate with you through the Platform, email and phone, or any other means
agreed between us.
(a) You may review other users of the Platform that you have provided or received accommodation services and lifestyle equipment. Each review must:
(i) be truthful, accurate and fair;
(ii) only relate to an ‘arm’s length’ experience you have had with that user, and must not relate to any business you own or have a commercial or family interest in;
(iii) only reflect your personal experience, not the experience of any third party.
(b) We may delete any review we consider unfair, inaccurate, offensive or inappropriate and ban the user who posted that review in our discretion. We are not responsible for review content.
(a) You acknowledge and agree that pictures, words, images, videos, audio and other documents or information (Content) you submit for inclusion on the Platform will be accessible by other persons and, to the maximum extent permitted by law, you hereby waive any rights you may have to confidentiality or privacy for any Content which you make available on the Platform.
(b) You acknowledge and agree:
(i) that any Content that you upload onto the Platform is wholly your responsibility and
you warrant that you have all necessary rights for all uploaded Content and that such Content will not infringe upon the rights of any third parties (including intellectual property rights);
(ii) to indemnify us for any loss or damage we may suffer as a direct result of you breaching your obligations under this clause.
(c) All Content must be accurate, true and non-misleading. We reserve the right to remove any
images or Content we consider of lower than acceptable quality or unfit for the purpose of
the listing or Platform or otherwise do not comply with these Terms.
(d) You retain all intellectual property rights in and to your own Content, however, by uploading your Content on to the Platform you hereby grant us a non-exclusive, royalty-free, irrevocable, sublicensable, transferable, perpetual license to use such Content for the purposes contemplated under these Terms (including the right to modify, compile, combine with other content, copy, record, synchronise, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Content as reasonably necessary to operate and promote the Platform).
8.1 General user warranties
As a user of the Platform, you represent, warrant and agree that:
(a) you will not use our Platform in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering these Terms;
(c) all information and documentation that you provide to us in connection with these Terms is
true, correct and complete; and
(d) you have not relied on any representations or warranties made by us in relation to the
Platform unless expressly stipulated in these Terms.
8.2 Host and Equipment Provider warranties
As a Host or Equipment Provider, you represent, warrant and agree that, respectively:
(a) you are responsible for complying with all laws, rules and regulations which apply to
providing the services in your listings;
(b) you are appropriately qualified and have the required skills, knowledge or training, to
provide the accommodation services or hire equipment;
(c) you are solely responsible for determining which booking requests to accept, the type,
timing, manner and means, methods or processes of providing your services, the equipment
you use and the price you charge for the services;
(d) you have all relevant insurances, permits, consents and authorisations required for the
accommodation services or hire equipment;
(e) you are responsible for ensuring Guests sign any recreational services waivers relating to the hire equipment which would be desirable to limit your liability when providing hire equipment;
(f) any listing you post does not breach any agreements you have entered into with third
parties, such as an owner’s incorporation;
(g) any listing you post informs and educates Guests about the inherent risk of any hire
equipment experience, any requirements for participation such as an age limit, fitness level, dress code, licences or anything else a Guest may need to know in order to safely participate in the hire equipment;
(h) the placement and ranking of listings in search results on the Platform may vary depending on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of images, customer service and cancellation history, reviews, type of service, and/or ease of booking;
(i) all availabilities in listings on the Platform are up to date; and
(j) you are not entitled to the benefit of any policies of insurance that we may hold and you agree to effect and maintain your own insurance policies of the same or similar services would customarily be covered for.
8.3 Guest warranties
As a Guest you represent, warrant and agree that:
(a) where booking services are made on behalf of additional guests, you must nominate the additional guests in the Booking Request and that the additional guests meet the requirements in the Listing; and
(b) you will comply with the Host’s reasonable instructions.
(a) If the Australian Consumer Law (ACL) applies to you as a consumer, nothing in these Terms excludes these statutory rights as a consumer under the ACL. You agree that our liability for the Platform provided to you as a consumer under the ACL (to the extent applicable) is governed solely by the ACL and these Terms.
(b) Subject to these statutory rights, we exclude all express and implied warranties, and all material and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute or at law.
(c) Subject to the ACL and to the maximum extent permitted by law, we are not liable for and you waive and release us from any loss, liability or claim arising from or connected with:
(i) your acts or omissions, including as a Host or Equipment Provider;
(ii) any property loss or damage, or personal injury or loss, arising from or in connection with your performance of any contract with any Guest; and
(iii) any third parties or any goods and services provided by third parties;
(iv) all aspects of your interactions with a Host, Equipment Provider or Guest (as the case may be), including any contractual arrangements between you and these parties.
(d) To the maximum extent permitted by law:
(i) we will not be liable for any indirect or consequential loss (including loss of profits or opportunity);
(ii) our liability under these Terms is reduced proportionately to the extent you caused or
contributed to such loss or liability; and
(iii) our total liability for any liability from or in connection with these Terms will be limited to us resupplying any services we provided you or, in our sole discretion, to us repaying you the amount for the relevant service fees paid by you to us in respect of the supply our services.
(a) You may terminate your Account and these Terms:
(i) at any time through the relevant Platform channels;
(ii) if we breach these Terms and such breach has not been remedied within seven (7) days from you giving us notice to do so (or immediately if the breach is incapable of being remedied).
(b) Casa Co may terminate your Account at any time, without cause, at its absolute discretion.
(c) In the event your account is terminated prior to your Renewal Date, you are not entitled to a refund of any paid annual fee or Annual Membership Fee. Casa Co will consider your individual circumstances and will use its absolute discretion in determining whether you are eligible for a refund of any pre-paid fees on a pro-rata basis.
(d) If these Terms are terminated or otherwise expire, then in addition to any rights or remedies provided by law:
(i) each party is released from its obligations under these Terms;
(ii) each party retains any rights, entitlements or remedies it had against any other party in connection with any breach that has arisen before termination (including any rights under any indemnity); and
(iii) for the avoidance of doubt, you must pay us all fees or other amounts that are or become due and payable prior to termination.
11. Third Parties
(a) Casa Co may offer members additional benefits from time to time in conjunction with a third-party supplier.
(b) Any terms and conditions of the third-party supplier will always apply in addition to any
specific terms of the offer stated by Casa Co.
(c) Casa Co may include hyperlinks on the Platform to other websites, platforms or resources operated by third parties (Third Party Sites). Casa Co is not responsible for the content or accuracy of any Third Party Sites linked to or from the Sites, nor are we responsible for the availability of Third Party Sites, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of any Third Party Sites, including any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
(d) You should make your own reasonable enquires regarding the content of Third Party Sites.Your linking to or from the Third Party Sites is at your own risk. You should carefully review the terms and conditions and privacy policies of all Third Party Sites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Casa Co.
You must not assign or otherwise transfer any of its rights under these Terms without the prior written consent of us.
The non-exercise of, or delay in exercising, any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
(a) If anything in these Terms is unenforceable, illegal or void then it is severed and the rest of these Terms remains in force, unless the severance would change the underlying principal commercial purpose or effect of these Terms.
(b) If two or more provisions of these Terms are inconsistent or contradictory the numerical
position of those provisions must not be a determinative factor in any decision, order or
ruling that results in the severance of any conflicting provision.
12.4 Exclusion of relationships
The parties acknowledge and agree that these Terms and the performance of these Terms does
not represent or imply a partnership, agency, fiduciary relationship, joint venture, distribution or any other category of commercial or personal relationship between the parties recognised at law or in equity as giving rise to forms of specific rights and obligations.
Any notice given under these Terms must be in writing addressed to us at the address displayed on our website. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of seventy-two (72) hours in the case of post, or at the time of transmission in the case of transmission by email.
12.6 Entire agreement
These Terms constitutes the entire agreement between the parties in relation to its subject matter and supersedes all previous agreements, negotiations and understandings between the parties in relation to its subject matter.
(a) Any dispute or controversy arising from these Terms that cannot first be settled by mutual negotiation between the parties must, prior to the issue of any formal legal proceedings in a court, be mediated between the parties by an accredited mediator appointed by the parties. If no mediator can be agreed between the parties, either party can request the Chair of the Resolution Institute to appoint a mediator. The parties must share the costs of appointing and engaging the mediator equally (but are responsible for their own costs in relation to the mediation).
(b) If the parties cannot settle the dispute within twenty-one (21) days of the appointment of the mediator, either party may commence proceedings in a court of competent jurisdiction.
12.8 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.
Clauses 7, 8, and 9 survive the termination or expiry of the agreement.
12.10 Governing law
The laws of Victoria govern this document. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.
VIP Luxury Benefits Terms & Conditions
Sardo - based on booking for dinner of up to 4 people. min. 24 hours notice required. Venue to provide members with 2 weeks notice on the casa co website of promotion expiry date. All pre-confirmed reservations to be honoured. 1 offer redeemed per member.
Du Port - based on booking for tapas of up to 6 people. min. 3 hours notice required. Venue to provide members with 2 weeks notice on the casa co website of promotion expiry date. All pre-confirmed reservations to be honoured. 1 offer redeemed per member
Italico - based on booking for dinner of up to 6 people. min. 6 hours notice required. Venue to provide members with 2 weeks notice on the casa co website of promotion expiry date. All pre-confirmed reservations to be honoured. 1 offer redeemed per member.