Cancellation and Refund Policy
1. Cancellation policy
1.1 If the Guest cancels a Booking:
- (a) prior to 7 days before the Hire Period is scheduled to commence, the Hire Fee will be refunded to the Guest, minus the Service Fee; or
- (b) between 7 days and 48 hours before the Hire Period is scheduled to commence, the Guest will pay, by way of liquidation damages, a cancellation fee to HireSpy Spaces equal to 50% of the Hire Fee to the Host (only after the Service Fee has been deducted from the Hire Fee);
- (c) within 48 hours before the Hire Period is scheduled to commence, the Guest will pay, by way of liquidation damages, a cancellation fee to HireSpy Spaces equal to 100% of the Hire Fee to the Host and the Service Fee to HireSpy Spaces,
which are genuine and reasonable pre-estimates of HireSpy Spaces administration costs associated with the cancellation of the Booking and the Hosts losses arising out of the cancellation of the Booking.
1.2 The Processing Fee is non-refundable if the Guest or Host cancels the Booking.
1.3 To cancel a Booking the Guest (as the case may be) must use the ‘cancel Booking’ function in the HireSpy Spaces Platform.
1.4 You (as a Host) will notify HireSpy Spaces by email to cancel@hirespyspaces.com.au at a minimum of 7 days prior to the scheduled Hire Period if you are unable to provide or hire the Space to the Guest during the Hire Period. If you (as the Host) cancel more than 7 days from the scheduled booking date, you will be subject to pay HireSpy Spaces a penalty fee equal to the Service Fee of the total Hire Fee. If you (as the Host) cancel between 7 days and 48 hours before the scheduled booking date, you will be subject to pay HireSpy Spaces a late cancellation fee (Host Late Cancellation Fee), equal to 50% of the amount of the cancelled booking, or if you (as the Host) cancel within 48 hours from the booking date, you will be subject to pay HireSpy Spaces a late cancellation fee (Host Late Cancellation Fee), equal to 100% of the amount of the cancelled booking, including all associated transaction fees which must be paid to HireSpy Spaces within a 5 day payment period from the date of cancellation, unless the following exemptions apply;
- (i) unexpected death or serious illness,
- (ii) severe natural disaster or severe weather conditions,
- (iii) a public health emergency,
- (iv) significant unforeseen damage has occurred to the Space making it unsafe to be used by the Guest (Cancellation Exemption).
If both Host and Guest agree to reschedule due to the above exemptions, they may do so by emailing cancel@hirespyspaces.com.au with an alternate date and time-period and no cancellation fee will apply in accordance and with approval from HireSpy Spaces (Exemption Reschedule).
1.5 If notice of cancellation occurs in accordance with the 7-day pre-warning period, You (as a Host) will, at your own cost, provide the Guest with a full refund of the Hire Fee paid by the Guest within a reasonable period of time (but no later than 14 days) if the Space:
- (a) is no longer available to be hired or cannot be accessed or used by the Guest during the scheduled Hire Period for whatever reason (except where the Guest cancels the Booking or the Guest breaches this agreement or the Space Rules);
- (b) is defective, not of merchantable quality or unsafe to use; or
- (c) does not meet the description, specifications and quality standards as described in the Host Listing.
1.6 If the Guest fails to pay the Hire Fee in accordance with clause 11.2(a), the Booking will automatically be cancelled by HireSpy Spaces.
1.7 If a Booking is cancelled by either the Guest or Host (as the case may be) for any reason, HireSpy Spaces is not liable to you or anyone else arising out of, or in connection with, such a cancellation of the Booking.
2. Hire Fees and Service Fees
2.1 We do not charge you a fee to access the HireSpy Spaces Platform or to create an Account, and we do not charge a Host a fee to publish, submit or display a Host Listing on the HireSpy Spaces Platform.
2.2 When a Guest hires a Space made available by a Host on, or via, the HireSpy Spaces Platform, we will charge the Guest the full price to hire the Space for the Hire Period as displayed on HireSpy Spaces Platform (Hire Fee).
2.3 If a Booking is made more than 80 days before the scheduled Hire Period, HireSpy will not automatically collect payment of the Hire Fee at the time of Booking. HireSpy will only collect payment of the Hire Fee from the Guest between 80 days and 77 days before the scheduled Hire Period (Payment Period). HireSpy will send you reminders (via email and/or text message) each day during the Payment Period to make payment of the Hire Fee. If no payment is made during the Payment Period, then the Guest’s Booking will be cancelled.
2.4 Where a Booking is made within 80 days before the scheduled Hire Period, HireSpy Spaces will automatically collect payment of the Hire Fee from the Guest at the time of Booking.
2.5 The Host must pay us (as the Host’s payment collection agent) a service fee equal to 10% of the total value of the Hire Fee (Service Fee) each time a Guest hires a Space from the Host on, or via, the HireSpy Spaces Platform.
2.6 HireSpy Spaces will only remit the Hire Fee (less Service Fee) to the Host approximately 8 days after the Hire Period has ended, provided no complaint has been raised from the Guest in writing in accordance with clause 11.9(c).
2.7 The Hire Fee and Service Fee displayed on the HireSpy Spaces Platform are current at the time of issue. The Hire Fee and availability of Spaces and any other ancillary products or services made available to Guests on, or via, the HireSpy Spaces Platform, are subject to change effective immediately upon posting to the HireSpy Spaces Platform. You agree to pay the price current at the time of payment.
2.8 Any fees and charges displayed on third party websites which are linked to the HireSpy Spaces Platform may not be correct and HireSpy Spaces are not bound by them.
2.9 HireSpy Spaces is under no obligation to pay the Host the Hire Fee (less the Service Fee) if:
- (a) the Guest does not pay us for the Space supplied by the Host for whatever reason;
- (b) the Host fails to provide the Space to the Guest for the entire Hire Period (except where the Guest breaches this agreement and/or the Space Rules); or
- (c) we receive an emailed or flagged complaint from the Guest during the Hire Period or within 7 days prior to the end of the Hire Period, that:
- (i) the Space provided by the Host was not provided or supplied to a reasonable satisfaction; or
- (ii) the Space did not fit the description as displayed on the Host Listing; or
- (iii) the Space was not made available to the Guest during the scheduled Hire Period. A Guest cannot complain, reject or return a Space because the Guest has changed their mind. We may, at our absolute discretion, with or without notice, remove Hosting Listings and/or Profile from the HireSpy Spaces Platform.
2.10 You must lodge a complaint either during the Hire Period or within 7 days after the Hire Period ends (Complaint Period). All complaints lodged outside of the Complaint Period will not be considered by us. In the event of a dispute between a Guest and Host, you acknowledge and accept that Hire Spaces may hold the Hire Fee for the earlier of:
- (a) a maximum period of 90 days from the date the Booking was made; or
- (b) the date the dispute or complaint is resolved between the Host and Guest.
2.11 We reserve the right to vary the Service Fee by providing you with no less than 7 days written notice of these changes. If you do not agree to these changes, you may terminate this agreement no later than 7 days after you have received written notice of the new fees. If HireSpy Spaces does not receive your written termination notice within 7 days, you will have deemed to have accepted the new fees.