1. Agreement between You and Qinstay
Welcome to www.qinstay.com (the "Site"). The Qinstay Site is owned and operated by Qinstay Group Pty Limited (ABN 66 604 805 629) ('Qinstay'). This Site is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate bookings (whether through the Site or the associated call centre) or otherwise transacting business with travel suppliers, and for no other purpose (together the “Services”). The terms "we", "us", "our", and "Qinstay" refer to Qinstay Group Pty Ltd, and Qinstay’s affiliated companies. The term "you" refers to any person visiting the Site and using or seeking to use any of the Services.
This Site and the associated Services are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use" or "Agreement"). Please read these Terms of Use carefully. By accessing or using this Site, booking any reservations for travel products or services on this Site, or contacting our call centre, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use, or book any reservations through, this Site or our call centre. We reserve the right at any time, at our sole discretion, to replace, change or otherwise modify the Agreement without prior notice by posting the revised version of this Agreement on the Site, and your continued access or use of this Site and the Services on and from the date it is posted to the Site signifies your acceptance of the replacement, updated or modified Agreement.
The information contained on this Site constitutes an invitation to treat and is not capable of acceptance by you. Any booking made or order placed by you shall be deemed to be an offer made by you to purchase the relevant travel arrangements subject to this Agreement and any booking or carriage conditions of the relevant supplier.
2. Use of Site
As a condition of your use of this Site and any of the associated Services, you warrant that: (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Site or any of the Services only in accordance with these Terms of Use; (iv) you will not use this Site for any purpose that is unlawful or prohibited by this Agreement; (v) you will only use the Site and the associate Services to make legitimate bookings for you or for another person for whom you are legally authorised to act; (vi) you will inform such other persons about the Terms of Use that apply to the bookings you make on their behalf, including all rules and restrictions applicable thereto; (vii) all information supplied by you on this Site or to a call centre representative is true, accurate, current and complete, and, in the case of information you provide about other individuals, you are authorised to provide such information; (vii) if you have a Site account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. If considered necessary to protect the integrity and/or security of the Site and/or the Services, we retain the right, at our sole discretion, to deny anyone access to this Site and/or the Services we offer, at any time and for any reason including, but not limited to, for violation of these Terms of Use.
3. Supplier goods and services
3.1 Qinstay operates the Site as a referral forum for short term holiday lets of less than 60 days. Qinstay also provides information on the Site for a number of holiday-related suppliers and provides you with the opportunity to purchase goods or services provided by those suppliers.
3.2 Qinstay operates the site as a venue which allows property owners to advertise one or more holiday rental properties for rent in a variety of pricing formats to potential guests. We may also offer online booking or other tools or services to allow Suppliers and guest to communicate with each other and to enter into rental agreements or other transactions. We are not an agent for property owners or managers that advertise properties on Qinstay, nor are we an agent for any third party suppliers of other goods or services that are advertised on Qinstay (each of which is referred to in these conditions as a 'Supplier').
3.3 The Site provides a venue for users to interact, and Qinstay is not, and does not become, party to any contractual relationship between a guest and a Supplier, and does not mediate between guests and the Suppliers in the event of any dispute arising between them. This is true even if a booking is made using the Qinstay Online Payment System, or if you use any of other tools, services or products provided, as Qinstay is not a party to any rental or other agreement between guests and Suppliers.
3.4 Information provided on the Site about goods and services offered by a Supplier is provided by that Supplier. If we become aware that the information provided by Supplier is incorrect in any way, we reserve the right to correct any information (including, but not limited to, pricing information) and amend your booking (in consultation with you) to ensure that it reflects the correct price or otherwise complies with the correct information. Additional charges may be payable by you if you wish to proceed with the affected booking. Such charges will be advised to you at the time of consultation.
3.5 We do not make any representation as to the safety, quality, condition or description of any goods or services provided by Suppliers that are advertised on the Site. Any issues regarding safety, quality, condition or description should be dealt with directly with the Supplier with whom you have made the booking. Qinstay is unable to provide refunds in these instances.
3.6 Suppliers may impose their own terms and conditions in relation to their goods and services. You acquire goods and services from Suppliers subject to those terms and conditions, so you should check that you agree to the terms and conditions before you confirm your booking.
3.7 All bookings are subject to Supplier availability.
3.8 You agree that you will only use the reservation/enquiry forms on the Site for genuine booking enquiries or reservations.
4. Exclusion of liability for Suppliers
To the extent permitted by law, neither Qinstay nor any other person or entity whose site or listings have been integrated into the Site, will be responsible, and we exclude all liability, for any loss or damage whatsoever (including personal injury and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) goods or services by Suppliers.
5. Validation
You may be required to provide a credit card at check-in/arrival to cover incidental charges and you may also be required to provide photo ID (e.g. passport). Suppliers may refuse accommodation where they are not reasonably satisfied as to the credentials of any guest, if the booking information is different from at the time of check-in/arrival.
6. Use of Qinstay Online Payment System
6.1 The Qinstay Online Payment System is provided on the Site to assist consumers to make legitimate reservations or otherwise transact business with Suppliers, and to make payments for those transactions through Qinstay, and for no other purposes.
6.2 You confirm that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Qinstay Online Payment System in accordance with these terms and conditions. You also agree that all information supplied by you in using the Site and the Qinstay Online Payment System will be true and accurate.
6.3 Any speculative, false or fraudulent booking is prohibited. You agree that the Qinstay Online Payment System will only be used to make legitimate reservations or purchases for you or another person for whom you are legally authorised to act. You acknowledge that overuse or abuse of the Qinstay Online Payment System may result in you being denied access to the system.
6.4 You will be issued with a username and password in order to use the Qinstay Online Payment System. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via the Qinstay Online Payment System by anyone using your username and password and any payments due for goods or services acquired through the system by anyone using your username and password. You should notify any breach of security of your username and password to us immediately.
7. Reservations and payments
7.1 If you are using the Qinstay Online Payment System, the total transaction value for a booking is split into two portions: (a) the non-refundable deposit and (b) the remaining balance (together, the 'Booking Value'). You may pay both portions (the full amount) of the Booking Value up-front or pay the deposit initially and subsequently pay the remaining balance. Where the stay commences in less than 4 weeks from the time of booking, the full Booking Value must be paid up-front.
7.2 If you are using the Qinstay Online Payment System, the Supplier may also ask you to pay a refundable damage deposit (RDD), which may be payable either at the point of booking, or at a later date up to a maximum of 48 hours before check in.
7.3 The RDD will be automatically refunded to you on the refund date to the card used to make the original booking. If following an inspection of the property the Supplier needs to withhold all or a portion of the RDD in accordance with the agreed RDD Terms, the Supplier will provide you with details of the amount being retained prior to the refund date (the "Retained Amount") and the reasons why.
7.4 You agree and acknowledge that Qinstay is not a party to the contractual relationship between the you and the Supplier, and that the collection of the RDD and any withholding of the Retained Amount is subject to the RDD Terms agreed between you and the Supplier at the point of booking. The processing and refunding of the RDD is undertaken by Qinstay in its capacity as a payment processor solely in accordance with Supplier's instructions, subject to our terms and conditions. All disputes with respect to the RDD must be handled between you and the Supplier directly, and Qinstay will not mediate between in the event of any such dispute.
7.5 At the time of booking through the Qinstay Online Payment System, you must pay the deposit or full amount of the booking (and, if applicable, the RDD) by credit card in Australian dollars/ Chinese yuan. You will then receive a booking confirmation and reference number for your booking. You will need to use that reference should you wish to refer to your booking at a later date.
7.6 By using the Qinstay Online Payment System, you agree to the automatic debit of the remaining balance from your credit card on the due date for final payment. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
7.7 If you do not pay the remaining balance by the due date and it remains overdue for more than 3 days, the Supplier may deem the booking to have been cancelled by you and retain the non-refundable deposit. Any RDD paid will be refunded in full.
7.8 On receipt of funds from you, Qinstay will hold those funds on behalf of the Supplier until such time as they are remitted to the Supplier, refunded to you (if you are entitled to a refund) or transferred to Qinstay in payment of our fees and charges. No interest will be payable by Qinstay to you or the Supplier on amounts held by Qinstay.
8. Changes, cancellations and refunds
8.1 Terms and conditions for booking changes, cancellations and refunds and refundable damage deposits are specific to each Supplier and/or each property that they list. These terms are set out on the payment page if you are using the Qinstay Online Payment System (and must be read and agreed to before making your booking).
8.2 If you used the Qinstay Online Payment System for your booking, to make changes to your booking or make a cancellation please login using your personal username and password. Qinstay is unable to request any booking changes or cancellations on your behalf, unless you submit request to Qinstay Customer Centre through email cs@qinstay.com, or phone call.
8.3 If you are using the Qinstay Online Payment System and you cancel a booking, the deposit portion of the total transaction value is non-refundable. If you have already paid the remaining balance, your right to a refund of that portion will be determined by the cancellation policy of the Supplier. Any RDD paid to the Supplier will be refunded in full. Please refer to “Cancellation and Refund Policy” for details.
8.4 If you used the Qinstay Online Payment System for your booking and you are entitled to a refund under the Supplier's terms and conditions, the refund will be made through the system to the same credit card that you used to pay for the booking.
8.5 If the Supplier is unable to fulfil a confirmed accommodation booking (in full or part), you should contact Qinstay Customer Support for further assistance. Qinstay will use best endeavours to find you alternative accommodation of a similar standard.
9. Security of payment
We have taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details. However, Qinstay does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.
10. Reviews, Comments, Photos and Other Submissions
We appreciate hearing from you. Please be aware that by submitting content to us by electronic mail, postings on this Site or otherwise, including any accommodation reviews, photos, videos, questions, suggestions, comments, ideas or the like contained in any submissions (collectively, "Submissions") you grant to the Qinstay and the affiliated, co-branded and/or linked Site partners through whom we provide service (collectively, the "Qinstay Affiliates"), a universal, non-exclusive, royalty free, perpetual, transferable, sub-licensable and irrevocable right to: (a) use, reproduce, modify, adapt, publish, translate, distribute, display, create derivative works from and otherwise communicate to the public such Submissions throughout the world in any form, media or technology; and (b) use the name that you submit in connection with such Submission, if they choose. However, you acknowledge that the Qinstay may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on an accommodation review that you submit) at our discretion. You further grant the Qinstay the right to pursue at law any person or entity that violates your or the Qinstay’s rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the Qinstay Affiliates or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published. If you do not accept these Terms of Use, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to the Site). You are prohibited from posting or transmitting to or from the Site: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Site. You acknowledge that the Qinstay Companies have the right to control (e.g. use, publish, remove) any content you submit without notice to you. If you submit more than one review for the same accommodation, only your most recent submission is eligible for use.
From time to time we may offer customers incentives to leave reviews (e.g. discount coupon/entry into prize draws, etc.) As it is important to us that reviews are impartial and honest, these incentives will be available to customers regardless of whether the review is positive or negative.
All photos submitted are subject to our Photo Submission Guidelines below.
Qinstay claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through the Site.
11. Photo Submission Guidelines
Any photos you submit must be:
• On topic – All photos must be relevant to accommodation, location, or general travel experiences.
• Community/family friendly.
• Do not submit any photos or materials that are illegal, obscene, pornographic, profane, vulgar, offensive or insulting.
• Do not submit photos or materials that invade the privacy or violate any personal right of any person or entity.
• Do not submit photos or information about children or any third parties without their consent (or their parent’s consent in the case of a child under 13 years of age).
• Children under 13 may not submit photos or other materials.
• Original – You may only submit your own photos. Do not submit photos from any other source (personal or commercial). Do not submit photos that infringe the copyright, trademark, or other property right of any third party.
• Non-commercial – Do not submit photos that include logos, branding, promotional material, or any other content intended for commercial purposes.
• No harmful files – Do not submit photos that contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of Qinstay and/or those using it.
We will try and settle any complaints quickly and fairly and all correspondence should be sent to cs@qinstay.com and attention to Customer Service.
12. Limitation of Liability:
To the maximum extent permitted by law, in no event shall Qinstay, and/or its respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of the Site or with [any] delay or inability to access, display or use the Site (including, but not limited to, your reliance upon opinions appearing on the Site; any computer viruses, information, software, linked sites, products, and services obtained through the Site; or otherwise arising out of the access to, display of or use of the Site) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Qinstay, its Affiliates and/or their respective suppliers have been advised of the possibility of such damages.
In relation to any liability which cannot be exclude by law or despite the limitation above, QINSTAY, the Qinstay Companies or their respective suppliers are found liable for any loss or damage which arises out of or in any way is connected with any of the occurrences described above, then to the maximum extent permitted by law Qinstay, and/or its respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Qinstay in connection with such transaction(s) transaction fees on the Site, or (b) One-Hundred Dollars (AU$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Qinstay and/or its respective suppliers.
If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law our liability for breach of such warranties is limited to, at our option:
• in the case of products:
(a) the replacement of the products or the supply of equivalent products;
(b) the payment of the cost of replacing the products or acquiring equivalent products;
• in the case of services:
(a) the supply of the services again;
(b) the payment of the cost of having the services supplied again.
13. Indemnification
You agree to defend and indemnify Qinstay, and/or its respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your breach of any law or the rights of a third party; or
(c) your use of the Site.
14. Links to Third-Party Sites
The Site may contain hyperlinks to websites operated by parties other than Qinstay, Inc. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
15. Software Available on Website
Any software that we make available to download from the Site ("Software"),or through your mobile application store, including the Qinstay mobile application (the "Mobile Application"), is the copyrighted work of the Qinstay Companies and/or our respective suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install, copy, or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a License Agreement, we hereby grant to you, the user, a personal, non-exclusive, revocable and non-transferable license to download, install and use the Software and/or Mobile Application for viewing and otherwise using the Site and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose. By installing, copying or otherwise using the Software you agree to be bound by the terms and conditions of this license.
Please note that all Software, including without limitation all HTML code, Active X controls and other script contained on the Site, is owned by the Qinstay Companies and/or the Affiliates and/or their respective suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are not subject to U.S.A. export restrictions. Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information. Payments and Feesyour payment is taken at the time of booking, the company taking that payment and charging your credit card will be Travel Partner Exchange or another member of the Qinstay Companies doing business as Qinstay, who takes such payment on behalf of the company providing the travel service or the travel service provider directly.
16. Copyright and Trademark Notices
If you are aware of an infringement of any of our trademarks, please let us know by e-mailing us at cs@Qinstay.com. We only address messages concerning brand infringement at this email address.
17. Account Termination
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, QINSTAY has adopted a policy of terminating, in appropriate circumstances and at QINSTAY’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. QINSTAY may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
18. Disclaimer
To the maximum extent permitted by law Qinstay and their respective suppliers make no representations about the suitability of the information, software, products, and services contained on the Site for any purpose, and the inclusion or offering of any products or services on the Site does not constitute any endorsement or recommendation of such products or services by Qinstay. All such information, software, products, and services are provided "as is" without warranty of any kind.
To the maximum extent permitted by law, Qinstay and its respective suppliers disclaim all warranties and conditions that the Site, its servers or any email sent by Qinstay and/or its respective suppliers are free of viruses or other harmful components.
To the maximum extent permitted by law, Qinstay and Suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. The information, software, products, and services published on the Site may include inaccuracies or errors, including pricing errors. In particular and to the maximum extent permitted by law, Qinstay does not guarantee the accuracy of, and disclaims liability for any errors or other inaccuracies relating to, the information and description of the hotel, air, cruise, car and other travel products displayed on the Site (including, without limitation, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers.
Accommodation ratings displayed on the Site are intended only as general guidelines, and Qinstay does not guarantee the accuracy of the ratings. To the maximum extent permitted by law, Qinstay and Suppliers make no guarantees about the availability of specific products and services. Qinstay and/or Suppliers may make improvements and/or changes in the Site at any time.
The carriers, hotels and other suppliers providing travel or other services through the Site are independent parties and not agents or employees of Qinstay. Qinstay, to the extent permitted by law, is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Qinstay, to the extent permitted by law, has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
Important: Nothing in these Terms & Conditions is intended to limit, exclude or modify or purport to limit, exclude or modify the statutory implied guarantees/warranties that cannot be lawfully limited, excluded or modified as provided under the Competition and Consumer Act 2010 including the statutory consumer guarantees under the Australian Consumer Law or similar laws in the State and Territories of Australia.