TimeOut Charitable Trust (TimeOut, we, us) is a charitable trust established to facilitate the provision of holiday accommodation to the terminally ill and their families (Recipient).
You are an owner of a holiday home and acknowledge that by accessing this website and the services provided by us, you agree to these terms and conditions (Terms).
1. Our services
1.1 Our website is to be used solely to match owners of holiday accommodation with Recipients.
1.2 You will provide us with information about the holiday home you wish to make available for use by Recipients (Property) as listed in clause 3.1 and Recipients will provide us with information about their preferences for holiday accommodation.
1.3 If the information you have provided sufficiently matches the information provided by the Recipient so that we determine the Property may be appropriate for use by the Recipient, we will provide:
a. you with the Recipient’s contact details and certain other information about the Recipient; and
b. the Recipient with your contact details and a link to the website listing for the Property.
1.4 After we have provided the information under clause 1.3, you and the Recipient may contact each other to discuss any questions you or the Recipient may have.
1.5 An agreement to provide the Property for use by the Recipient under these Terms will only be formed between you and the Recipient once both of you have confirmed to us that you wish to proceed and we have then notified you and the Recipient that the booking is confirmed (Confirmation).
1.6 We are not a party to any agreement between you and the Recipient. You and the Recipient will contract directly with each other. We provide a template agreement on our website that you may wish to have the Recipient sign. However, we do not guarantee it will be suitable in all circumstances and you agree that if you use it, it will be at your own risk. We recommend you consider seeking legal advice about any agreement between you and the Recipient. Any agreement between you and the Recipient will not limit or exclude your obligations under these Terms.
2.1 The agreement between you and the Recipient may only be cancelled after Confirmation in the following circumstances:
a. by mutual agreement between you and the Recipient; or
b. if the Recipient’s condition deteriorates between Confirmation and the commencement of the Recipient’s stay at the Property so that it is no longer possible for the Recipient to go ahead with their stay; or
c. if the Property has suffered damage so that it is no longer able to be occupied by the Recipient, for example where damage is caused by fire or natural disaster.
2.2 Where the agreement between you and the Recipient is cancelled in accordance with clause 2.1 above, the Recipient must not communicate with you to reschedule the booking. All communications regarding rescheduling of bookings must be between the Recipient and TimeOut.
3. Your account
3.1 When you set up an account on our website you will be required to provide the following information about the Property:
a. the location of the Property;
b. when the Property is available for Recipients to use it;
c. the number of bedrooms and the bed configuration at the Property;
d. the number of people that may stay at the Property;
e. any general information about the property, including any amenities in close proximity to the Property
f. a description of the suitability of access to the Property, for example whether wheelchair access is available;
g. any restrictions on the use of the Property;
h. whether linen and towels are provided with the Property for Recipients to use;
i. a list of any items you recommend Recipients bring with them to the Property for their stay; and
j. up-to-date photographs of the Property.
3.2 We may use that information to create a listing for the Property on our website. That listing will state the general location of the Property, but it will not specify the exact address of the Property.
3.3 We may cancel your account at any time if you have breached your obligations under these Terms or we otherwise have reasonable grounds to cancel your account, as determined by us in our sole discretion.
4. Your acknowledgement
4.1 In creating an account on our website, you acknowledge that:
a. you own the Property. If you are a co-owner of the Property, you must ensure that all the other co-owners agree to you listing the Property on our website. For the purposes of these Terms you will be considered an ‘owner’ of the Property, if the Property is:
i. owned by you personally, whether solely or together with others;
ii. held by a trust and you are a trustee of that trust;
iii. owned by a company and you are a director of that company; or
iv. held in any other ownership structure and you have rights to control or influence the decision-making powers of that entity;
b. you have provided complete and accurate information about you and the Property to us;
c. you will not receive any payment from us or the Recipient while the Recipient is staying at the Property. You will not receive any rental payment or be reimbursed for any charges incurred while the Recipient is staying at the Property, such as electricity or cleaning charges;
d. the Property is adequately insured for use by the Recipient;
e. an adequate number of smoke alarms with working batteries are installed at the Property;
f. you understand that the Recipient is terminally ill and will likely have acute medical needs. The Recipient has agreed to exercise caution in relation to the timing of their use of the Property, but given the terminal nature of their illness, you understand there is a risk the Recipient may suffer a medical incident or pass away while they are using the Property;
g. you will immediately contact us if any medication or medical equipment is left at the Property by the Recipient. There are specific rules and procedures that must be followed for the safe disposal of medication or medical equipment; and
h. we may send you newsletters and other correspondence by email.
i. where you are creating an account and/or signing these Terms in your capacity as agent of the owner of a holiday home, either as property manager or otherwise, you confirm and warrant to us that you are acting within the scope of your authority and with the express consent of the relevant home owner. We may request that you provide us with written evidence of such authority and you agree to comply with our request.
5.1 Your use of our website and any services provided by us is at your sole risk.
5.2 We require each Recipient who registers on our website to provide us with a letter from a registered medical practitioner confirming that the Recipient is terminally ill. However, we accept no responsibility if that letter or any other information provided by the Recipient is incorrect or misleading.
5.3 We will not be liable to you or any other person under any circumstances for any direct or indirect loss or damage (including, but not limited to, damage to property, or consequential or special loss or damage) arising from the use of our website, any services provided by us, or from the use of the Property.
5.4 If we are liable to you or any other person for any reason, our liability will be limited to $500.00.
6.1 You indemnify us from and against any and all claims, liabilities, damages, losses and expenses which we incur or are subject to in connection with:
a. your breach of these Terms or any laws;
b. your improper use of our website or our services;
c. your interaction with any Recipient.
7.1 We collect personal information about you through your use of this website, including your account details and information relating to your use of this website.
7.2 We may use your personal information to provide our services, conduct internal research, enforce these Terms, protect our rights or the rights of others, and for any other use you agree to.
7.3 We may disclose your personal information to others, including the Recipient in accordance with clause 1.3, where required to undertake any of the purposes referred to in clause 7.2 or otherwise where disclosure is required by law.
7.4 You have the right to access and correct personal information held by us.
7.5 If you have any queries about your personal information held by us or wish to exercise your right to access and/or correct your information, you can contact us using the details in the “Contact Us” tab.
8. General provisions
8.1 Entire agreement: These Terms are the entire agreement between us and replace any previous verbal or written agreement.
8.2 Variation to these Terms: We may vary these Terms from time to time. We will provide notice of the change by uploading the updated Terms on this website. After providing that notice you will be deemed to have accepted the updated Terms if you continue to use this website.
8.3 Resolution of disputes: We are providing a platform to facilitate the provision of holiday accommodation to Recipients. As we are not the agent for either you or the Recipients, you agree that we will not be a party to any dispute that may arise between you and the Recipients.
8.4 New Zealand law: The law of New Zealand applies to these Terms. The New Zealand courts have non-exclusive jurisdiction in respect of these Terms.