Terms and Conditions for Recipient of Holiday Accommodation
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 either terminally ill yourself or you are seeking holiday accommodation for a terminally ill family member or friend.
You acknowledge that by accessing this website and the services provided by us, you agree to these terms and conditions on behalf of yourself and, where applicable, the Recipient for whom you are seeking holiday accommodation (Terms).
1. Matching Process
1.1 TimeOut stays are available to individuals who have been diagnosed with:
a. an incurable illness, being a condition that is progressive, cannot be cured, and is expected to limit life expectancy to five years or less (Incurable Illness); or
b. stage 4 cancer, which includes metastatic and / or advanced stage and / or multiple locations and / or poor outlook (Stage 4 Cancer).
1.2 Our website is to be used solely to match owners of holiday accommodation (Owner) with people who are terminally ill and their families.
1.3 You will provide us with information about the Recipient's preferences for holiday accommodation and other information listed in clause 5.1 and each Owner will provide information about the holiday home they wish to make available for use by Recipients (Property) or we will have access to information about each holiday home available through Airbnb.org, Inc (Airbnb) under clause 3 (Airbnb Property).
1.4 If the information you have provided sufficiently matches the information provided by the Owner or Airbnb so that we determine the Property or Airbnb Property may be appropriate for the Recipient's use, we will:
a. provide you with the Owner's contact details and certain information about the Property and provide the Owner with your contact details and the information listed under clauses 5.1a to 5.1d; or
b. follow the process outlined in clause 3 if we have matched the Recipient with an Airbnb Property. 1.5 In the interests of fairness and equitable access, priority will be given to applicants who have not previously received a holiday stay through TimeOut. Final decisions regarding prioritisation and allocation of holiday stays rest solely with TimeOut.
2. Property Match
2.1 After we have provided the information under clause 1.4a, you and the Owner may contact each other to discuss any questions you or the Owner may have.
2.2 An agreement to provide the Property for the Recipient's use under these Terms will only be formed between you and the Owner once both of you have confirmed to us that you wish to proceed and we have then notified you and the Owner that the booking is confirmed (Confirmation).
2.3 We are not a party to any agreement between you and the Owner. Any additional terms will be communicated to the Recipient by the Owner of the Property. We provide a template agreement on our website that the Owner may wish to have you sign. However, we do not guarantee it will be suitable in all circumstances, and you agree that if you sign it, it will be at your own risk. We recommend you consider seeking legal advice about any agreement between you and the Owner. Any agreement between you and the Owner will not limit or exclude your obligations under these Terms.
3. Airbnb Property Match
3.1 Timeout has an agreement with Airbnb under which Airbnb has agreed to donate stays at certain Airbnb Properties.
3.2 If we match the Recipient with an Airbnb Property, we will notify you. If you notify us that you wish to accept the booking at the Airbnb Property, you or the Recipient must have an existing Airbnb guest account or you must create a new Airbnb guest account. We will then make the booking via the Airbnb platform.
3.3 Once a stay at an Airbnb Property has been confirmed through Airbnb, all communication between you or the Recipient and the Owner must take place through the Airbnb platform. We will have no further involvement in relation to that booking or the stay at the Airbnb Property.
3.4 The provisions in clauses 2, 4, 6.1h will not apply to stays at Airbnb Properties. The Recipient’s use of the Airbnb Property will be governed by Airbnb’s terms and conditions.
3.5 If you do not wish to accept the stay at the Airbnb Property or create an Airbnb guestaccount you must notify us and we will continue to endeavour to match the Recipient with another Property.
4. Cancellation
4.1 The agreement between you and the Owner may only be cancelled after Confirmation in the following circumstances:
a. by mutual agreement between you and the Owner; or
b. if the Recipient's condition deteriorates or the Recipient passes away 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.
4.2 Where the agreement between you and the Owner is cancelled in accordance with clause 4.1 above, you must not communicate with the Owner to reschedule the booking. All communications regarding rescheduling of bookings must be between you and TimeOut.
5. Your account
5.1 When you set up an account on our website you will be required to provide the following information about the Recipient and their preferences for holiday accommodation:
a. the name, age, address and ethnicity of the Recipient;
b. the nature of the Recipient's illness;
c. the number of family members who wish to stay at the Property or Airbnb
Property with the Recipient and their relationship to the Recipient;
d. any specific requirements relating to the suitability of access to the Property
or Airbnb Property, for example whether wheelchair access is required;
e. preferred location of the Property or Airbnb Property; and
f. preferred dates for the Recipient's stay at the Property or Airbnb Property.
5.2 You must also provide us with written confirmation (in accordance with any template form which may be provided by TimeOut) from an eligible medical professional dated within the past six months confirming that the Recipient has either an Incurable Illness or Stage 4 Cancer (as TimeOut has defined these terms at clause 1.1). For the purposes of this requirement, an eligible medical professional includes a registered medical practitioner, registered nurse practitioner, registered clinical nurse specialist or, at the discretion of TimeOut, a referring partner such as the Louise Perkins Foundation (trading as Sweet Louise) and hospice providers.
5.3 We will only provide the information listed at clauses 5.1a to 5.1d to the Owner or Airbnb when we consider there is a match under clause 1.4.
5.4 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.
6. Your acknowledgement
6.1 In creating an account on our website, you acknowledge that:
a. you have provided complete and accurate information about you and the
Recipient to us;
b. we cannot guarantee that an appropriate Property or Airbnb Property will be found for the Recipient and we have no obligation to you or the Recipient if we are unable to do so;
c. if multiple Properties are available that may be appropriate for the Recipient's Nurse, we will provide you with details for one of those Properties which we consider, in our sole discretion, is most appropriate for the Recipient's use;
d. you will ensure that the Recipient exercises caution in relation to the timing of their use of the Property or Airbnb Property. The Recipient must not use the Property or Airbnb Property if their condition deteriorates and it would be risky for the Recipient not to have medical care readily available;
e. you are responsible for checking whether the Property or Airbnb Property is appropriate for the Recipient's needs, for example in relation to accessibility and proximity to medical care;
f. you will ensure that the Recipient does not allow any more people to occupy the Property or Airbnb Property than the number of family members notified to us under clause 5.1c;
g. you will ensure that the Recipient complies with any requirements or restrictions notified by the Owner or Airbnb, including by safely dealing with and disposing of any medication or medical equipment used at the Property or Airbnb Property;
h. you will ensure that you inform TimeOut of any changes to the Recipient’s circumstances in accordance with clause 4.1b; and
i. we may send you newsletters and other correspondence by email.
7. Liability
7.1 Your use of our website and any services provided by us is at your sole risk.
7.2 We will not be liable to you, the Recipient, 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, cancellation by the Owner afterConfirmation, cancellation by Airbnb, or from the use of the Property or Airbnb Property.
7.3 If we are liable to you, the Recipient, or any other person for any reason, our liability will be limited to $500.00.
8. Indemnity
8.1 You indemnify us from and against any and all claims, labilities, damages, losses and expenses which we incur or are subject to in connection with:
a. your or the Recipient's breach of these Terms or any laws;
b. your or the Recipient's improper use of our website or our services;
c. your or the Recipient's interaction with any Owner of the Property or Airbnb; or
d. your or the Recipient’s interaction with Airbnb.
9. Privacy
9.1 The Recipient may be required to provide a valid photo ID (such as a driver’s licence or passport) or birth certificate (if a photo ID is not available) for identity verification purposes. These documents will be used solely for the purpose of verifying the Recipient’s identity to confirm the Recipient’s details and confirmation of diagnosis.
9.2 We collect personal information about you and the Recipient through your use of this website, including your account details and information relating to your use of this website.
9.3 We may use your personal information and the Recipient's 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.
9.4 We may disclose your personal information and the Recipient's personal information to others, including the Owner in accordance with clause 1.4a and Airbnb in order to make a booking under clause 3.2, where required to undertake any of the purposes referred to in this clause 9 or otherwise where disclosure is required by law.
9.5 Where you are seeking holiday accommodation on behalf of a Recipient, you warrant that you have obtained the Recipient's consent to:
a. the disclosure of the Recipient's personal information to us; and
b. our use and disclosure of the Recipient's personal information in accordance with this clause 9. If the Recipient does not consent to our use and disclosure of their personal information, you must cease using this website.