Please review the following Terms of Service ("Terms") carefully. By using, accessing, or applying to register with Elite Stay, whether or not you create an account with us, you, the property owner ("Owner"), agree to be bound by these Terms.
These Terms apply to you from the date you engage with Elite Stay until terminated by one of us per these Terms. These Terms become binding on us from the date we accept your account application.
These Terms incorporate the Privacy Policy available on our website elittestay.io ("Website"), along with all policies we implement, and any other documents or terms we notify you of from time to time, all of which collectively form the entire Agreement between us ("Agreement"). Accordingly, these Terms will prevail over any other document unless we notify you otherwise in case of any inconsistency.
1) About Elite Stay
Welcome to Elite Stay, a short-term property management and guest support service. Elite Stay is owned and operated by Elite Stay AU Pty Ltd (ABN 22 139 144 915), a Melbourne-based company, and its subsidiaries (collectively, the "Company," "Elite Stay," "we," "us," and/or "our").
Elite Stay offers various management services for those renting out properties on a short-term basis (each, a "Property," and collectively, the "Properties") to guests (the "Guests"), acting as an intermediary between the Owner and Guests.
Elite Stay's role is limited to introducing Owners and Guests ("Elite Stay Services"). Elite Stay is not a party to any engagement formed between Owners and Guests and does not have any responsibilities apart from those expressly outlined in these Terms. No agency, partnership, joint venture, employment, or other similar relationship is created by these Terms or by the nature of any services.
2) Elite Stay Accounts
Account creation begins with a process Elite Stay refers to as "Onboarding," which involves completing an online form. This form prompts the Owner for details about their Property, contact information, and specific Property information, such as available amenities and Property access procedures.
Each Owner is required to have a user account ("Account") on the Elite Stay App ("App"), with which they can manage multiple Properties. Each Owner is limited to one Account. You must apply to register an Account with us and provide all requested personal information before we create an Owner Account. Registration is limited to individuals over 18 years old who meet any additional eligibility requirements set by Elite Stay, which may include, but are not limited to, providing current identity documents, police checks, title searches, or other documents evidencing your ownership of the Property. To clarify, Elite Stay has no obligation to conduct these checks.
Elite Stay is under no obligation to accept an Owner's Account and may accept or decline an Account application at its absolute discretion. No relationship exists between us until we notify you that we have accepted your Account application.
When you provide us with personal information, you warrant that it is accurate, complete, up-to-date, and not misleading.
Owners may not register more than one Account or transfer their Account to another party. Owners are responsible for maintaining the confidentiality and security of their account credentials and may not disclose their credentials to any person, whether intentionally or recklessly. Owners are liable for activities conducted through their Account and must immediately notify Elite Stay if they suspect that any account credentials have been lost, stolen, or compromised.
Owners can choose to create an Account for their housekeeping team, which can be done at the Owner's discretion. Each Owner is limited to one Account for their housekeeping team.
3) Elite Stay Services
A summary of the services provided by Elite Stay includes the following:
Listing Optimisation
Once the Owner has completed Onboarding and been accepted by Elite Stay, Elite Stay will either create or migrate an existing booking platform listing, such as from Airbnb, to the App. This includes adding photos to the listing, preparing content, adding parameters, and any other fields essential to the success of the listing as determined at Elite Stay's discretion.
Booking Management
Elite Stay will handle all bookings from start to finish, including providing check-in information, facilitating payment, collecting booking payouts, and following up with dispute claims.
Marketing and Advertising
Elite Stay will handle all marketing and booking acquisition for the Property, including but not limited to advertising, listing optimization, and search engine optimization. Elite Stay will also handle all booking requests from Guests.
Elite Stay App
Subject to Section 6 of the Agreement, 24/7 access to the App is provided to the Owner. The App does not support outdated browsers, Internet Explorer, or legacy device software.
Guest Support
Elite Stay will handle all communication with potential, current, past, and future Guests. In the event of damages or other issues, Elite Stay will handle all communication with the Guest.
Guest Screening
Elite Stay will perform due diligence by screening all booking requests. This involves checking government IDs and running checks on the profile of the potential Guest. However, Elite Stay accepts no liability for unsuitable Guests who pass these checks, engage in fraudulent behavior, or are otherwise unsuitable for reasons of which Elite Stay was not aware.
Dynamic Pricing
Elite Stay will utilize internal pricing tools to constantly balance and adjust the Property's nightly rate to capture the optimal revenue where possible.
Housekeeping Coordination (Complete)
Elite Stay will arrange and oversee housekeeping for the Property, ensuring it is guest-ready after each stay. This covers essential cleaning but does not include deep cleans or owner-specific requests.
Elite Stay will also handle linen and towel services as agreed upon during Onboarding. While we select reliable providers, we are not liable for issues arising from their work. If a provider becomes unavailable, we will work to find a replacement, but the Property might be temporarily unbookable. We will cover any resulting cancellation fees, but not lost revenue.
Consumables and Provisions (Complete)
Elite Stay will provide all necessary consumables, basic toiletries, tea and coffee, spreads and preserves, salt and pepper, UHT milk, and sugar.
Maintenance and Repair Facilitation (Complete)
For urgent maintenance or repairs under AUD $300 that are essential to the delivery of the Services, we may proceed without Owner approval, while still notifying the Owner promptly. In rare emergencies (e.g., locksmiths, plumbers), we might need to exceed this limit without advance notice.
For less urgent issues or those exceeding $300, Elite Stay will seek Owner approval before proceeding. Elite Stay facilitates the maintenance and repairs, but all associated costs remain the responsibility of the Owner. Elite Stay will work to notify and facilitate maintenance and repairs where appropriate but is not responsible for the quality or delivery of work on the Property.
Market Research Data
The App has the functionality to provide market research data. This data is automatically generated from external third parties by aggregating publicly available data. Elite Stay makes no guarantees as to the accuracy of this data, and it should be used exclusively as a general guide for informational purposes. This functionality is subject to ongoing development by Elite Stay, and Elite Stay makes no guarantees as to the ongoing availability of any particular feature.
All services are provided at Elite Stay's discretion with the overarching purpose of mutual benefit for the Owner and Elite Stay. Elite Stay agrees that the Services will be provided in a professional manner and in accordance with generally accepted industry practices and standards.
4) Management Plans
A summary of the management plans provided by Elite Stay includes the following:
Collaborate
Collaborate is a collaborative plan offered by Elite Stay. Under this plan, the Owner retains responsibility for specific tasks, including:
- Scheduling and coordinating all housekeeping and maintenance services for the Property
- Directly paying all housekeeping and maintenance service providers
- Providing Elite Stay with the exact Housekeeping Fee associated with their housekeeping service
- Notifying Elite Stay if the Property becomes unavailable
Elite Stay will handle the following services under the Collaborate plan:
- Listing Optimization
- Booking Management
- Marketing and Advertising
- Elite Stay App
- Guest Support
- Guest Screening
- Dynamic Pricing
- Market Research Data
Complete
Complete is a full-service plan offered by Elite Stay. Elite Stay will handle the following services under the Complete plan:
- Listing Optimization
- Booking Management
- Marketing and Advertising
- Elite Stay App
- Guest Support
- Guest Screening
- Dynamic Pricing
- Housekeeping Coordination
- Consumables and Provisions
- Maintenance and Repair Facilitation
- Market Research Data
Both the Collaborate and Complete plans are made available subject to ongoing development by Elite Stay. Elite Stay makes no guarantees as to the ongoing availability of any particular feature. Services may be added, removed, or amended without any notice to you.
5) Fees
Elite Stay charges a one-time fee ("Onboarding Fee") as part of the Onboarding process for the Complete plan. This fee is outlined during Onboarding and must be paid before the commencement of services. This fee is non-refundable. In lieu of an upfront payment, Elite Stay may agree to deduct the Onboarding Fee from the Owner's disbursements over a period agreed upon by Elite Stay, with no out-of-pocket expense for the Owner. This fee is not applicable to the Collaborate plan.
The Onboarding Fee may be waived if Elite Stay determines the Property is already optimized for short-term rental and has an existing listing on a third-party platform.
If the Onboarding application is declined by Elite Stay, the Onboarding Fee will be refunded in full to the Owner.
Elite Stay also charges a fixed management fee ("Management Fee") for the ongoing management and services provided to the Owner for their Properties. The Management Fee is deducted from the total booking amount ("Booking Revenue") collected by Elite Stay on a monthly basis. Unless otherwise agreed or advised, the Management Fee is as follows:
- 10% of Booking Revenue, plus goods and services tax, for Collaborate.
- 20% of Booking Revenue, plus goods and services tax, for Complete.
Elite Stay collects all fees paid by Guests and disburses them in the following order of priority:
1. Payment
of the Management Fee (and other relevant charges and taxes) to Elite Stay
2. Payment of any housekeeping fees to the relevant housekeeping service provider, as agreed by the Owner during Onboarding
3. Remaining Booking Revenue to the Owner
All payment disbursements are made on the 10th business day of each month, covering the previous calendar month's booking activity.
If the Property incurs expenses, such as maintenance or repair costs, or incurs penalties due to Owner or Guest actions, the Owner is liable for these costs. Elite Stay may deduct these amounts from the Booking Revenue before disbursing the remaining funds to the Owner.
Elite Stay is not responsible for delays in payments to the Owner caused by delays in the receipt of funds from third-party platforms, such as Airbnb.
If an Owner defaults on their obligations, Elite Stay may terminate the Agreement or seek reimbursement for outstanding amounts, including by offsetting them against future disbursements.
6) Elite Stay App Access
Subject to these Terms and ongoing development by Elite Stay, Elite Stay may provide the Owner with 24/7 access to the App to allow them to manage their Property(s) or update their account details.
If any of the features of the App are withdrawn, amended, or changed, the Owner will not be entitled to a refund or compensation.
Elite Stay does not guarantee continuous or error-free access to the App. Elite Stay reserves the right to suspend access to the App at any time and for any reason without notice.
7) Cancellations and Refunds
If a booking is canceled by a Guest, Elite Stay will handle all communication with the Guest and ensure the appropriate cancellation policy is applied. Any cancellation fees or penalties will be paid to the Owner according to the booking platform's policies, minus the Management Fee.
Owners may not cancel a booking once confirmed by Elite Stay. If an Owner cancels a booking, they are liable for any costs, fees, or penalties incurred due to the cancellation. Elite Stay may deduct these amounts from the Owner's future disbursements.
8) Limitation of Liability
Elite Stay accepts no liability for any indirect, consequential, special, or punitive damages, including but not limited to loss of revenue, loss of business, or loss of profits, resulting from the provision or lack thereof of the Elite Stay Services.
To the maximum extent permitted by law, Elite Stay's total liability to the Owner for any claim under these Terms, including for any implied warranties, is limited to the lesser of:
1. The amount paid by the Owner to Elite Stay in the 12 months preceding the event giving rise to the claim.
2. AUD 5,000.
9) Indemnity
The Owner agrees to indemnify and hold harmless Elite Stay from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in connection with:
- Any breach of these Terms by the Owner.
- Any misrepresentation made by the Owner.
- Any act or omission by the Owner or Guests relating to the Property or the use of the Elite Stay Services.
- Any claim brought against Elite Stay by a Guest, housekeeping service provider, or other third party related to the Property, the Owner, or the use of the Elite Stay Services.
10) Termination and Account Closure
Either party may terminate the Agreement by providing 30 days' written notice to the other party. Elite Stay may also terminate the Agreement or suspend the provision of Elite Stay Services immediately if:
- The Owner breaches these Terms.
- The Owner engages in conduct detrimental to Elite Stay's reputation.
- The Owner fails to pay any amounts owed to Elite Stay or third-party service providers.
Upon termination, the Owner's Account will be closed, and any future bookings will be canceled. The Owner will remain liable for any outstanding amounts owed to Elite Stay or third-party service providers. Elite Stay will arrange for the disbursement of any remaining Booking Revenue after deducting any outstanding amounts.
11) Amendments to Terms
Elite Stay reserves the right to amend these Terms at any time. Any amendments will take effect immediately upon being posted on our Website. The Owner's continued use of the Elite Stay Services after the posting of any amendments constitutes acceptance of the amended Terms.
12) Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. The parties agree to submit to the exclusive jurisdiction of the courts of Victoria.
13) Entire Agreement
These Terms, along with any other documents or policies referred to herein, constitute the entire Agreement between the parties regarding the subject matter hereof and supersede all prior agreements, representations, and understandings.
Acknowledgement: By proceeding with the use of the Elite Stay Services, you, the Owner, acknowledge that you have read, understood, and agree to be bound by these Terms.
