Terms and Conditions for Recipients 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. Our services
1.1 Our website is to be used solely to match owners of holiday accommodation (Owner) with people who are terminally ill and their families.
1.2 You will provide us with information about the Recipient’s preferences for holiday accommodation and other information listed in clause 3.1 and each Owner will provide us with information about the holiday home they wish to make available for use by Recipients (Property).
1.3 If the information you have provided sufficiently matches the information provided by the Owner so that we determine the Property may be appropriate for the Recipient’s use, we will provide:
a. you with the Owner’s contact details and certain information about the Property; and
b. the Owner with your contact details and the information listed under clauses 3.1a to 3.1c.
1.4 After we have provided the information under clause 1.3, you and the Owner may contact each other to discuss any questions you or the Owner may have.
1.5 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).
1.6 We are not a party to any agreement between you and the Owner. You and the Owner will contract directly with each other. 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.
2.1 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 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 Owner is cancelled in accordance with clause 2.1 above, you must not communicate with the Owner to reschedule the booking. All communications regarding rescheduling of bookings must be between you and TimeOut.
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 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 with the Recipient and their relationship to the Recipient;
d. any specific requirements relating to the suitability of access to the Property, for example whether wheelchair access is required;
e. preferred location of the Property; and
f. preferred dates for the Recipient’s stay at the Property.
3.2 You must also provide us with a letter from a registered medical practitioner confirming that the Recipient is terminally ill.
3.3 We will only provide the information listed at clauses 3.1a to 3.1c to the Owner when we consider there is a match under clause 1.3.
3.4 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.
4. Your acknowledgement
4.1 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 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 use, 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. The Recipient must not use the 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 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 than the number of family members notified to us under clause 3.1c;
g. you will ensure that the Recipient complies with any requirements or restrictions notified by the Owner, including by safely dealing with and disposing of any medication or medical equipment used at the Property; and
h. we may send you newsletters and other correspondence by email.
5.1 Your use of our website and any services provided by us is at your sole risk.
5.2 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 after Confirmation, or from the use of the Property.
5.3 If we are liable to you, the Recipient, 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 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.
7.1 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.
7.2 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.
7.3 We may disclose your personal information and the Recipient’s personal information to others, including the Owner 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 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
If the Recipient does not consent to our use and disclosure of their personal information, you must cease using this website.
7.5 You and the Recipient have the right to access and correct personal information held by us.
7.6 If you have any queries about your personal information held by us or wish to exercise your right to access and/or correct your personal 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 the Owners, you, or the Recipient you may be seeking holiday accommodation for, you agree that we will not be a party to any dispute that may arise between an Owner, you, and the Recipient you may be seeking holiday accommodation for.
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.