Terms and conditions 

Canellis Property Management Services (trading as Canellis Property Management)

Website & Services – Terms of Use

Business details

Canellis Property Management Services (trading as Canellis Property Management)

ABN: 67 315 632 955

Address: Suite 30, 117 Old Pittwater Road, Brookvale NSW 2100

Email: matt@canellis.com.au 

Website: canellis.com.au 

Effective Date: November 2025

1. Introduction

1.1 These Terms of Use (“Terms”) apply to your use of our website and to your dealings with us in connection with our short-term rental management and co-hosting services.

1.2 By using our website, submitting an enquiry or engaging our services, you agree to be bound by these Terms. If you do not agree, you must not use our website or services.

2. Definitions

2.1 In these Terms:

  1. (a) “Canellis”, “we”, “us” or “our” means Canellis Property Management Services (trading as Canellis Property Management).
  2. (b) “Services” means our short-term rental management, co-hosting and related services, including marketing, guest communications, booking management, cleaning and maintenance coordination, advisory services and any other services we agree to provide.
  3. (c) “Owner” means a property owner or landlord who engages us to provide Services in respect of a property.
  4. (d) “Guest” means a person who books or stays at a property that we manage or co-host.
  5. (e) “Property” means a residential property or dwelling in respect of which we provide Services.
  6. (f) “OTA” or “Platform” means an online travel agency or booking platform, such as (for example) Airbnb, Booking.com, Stayz/VRBO, Expedia or similar services.
  7. (g) “Website” means canellis.com.au and any related pages or online channels we operate.

3. Scope of Services

3.1 We offer property management and co-hosting Services for short-term rentals, which may include:

  1. (a) Advising on property set-up, pricing and listing strategy
  2. (b) Creating and managing listings across OTAs and other platforms
  3. (c) Managing calendars, rates and availability (including dynamic pricing via third-party tools)
  4. (d) Handling guest enquiries and communications before, during and after a stay
  5. (e) Coordinating cleaners, tradespeople and maintenance as agreed
  6. (f) Monitoring reviews and recommending improvements
  7. (g) Providing performance updates and income summaries to Owners.

3.2 The specific Services provided, and the applicable fees, will be set out in our management agreement, proposal or package agreed with each Owner.

3.3 If there is any inconsistency between these Terms and a signed management agreement with you, the management agreement will usually prevail to the extent of that inconsistency.

4. Relationship with OTAs

4.1 In most cases:

  1. (a) The accommodation contract is between the Owner and the Guest, governed by the OTA’s terms and conditions; and
  2. (b) We act as the Owner’s manager or co-host, using OTAs and other platforms to facilitate bookings and manage the Property.

4.2 We do not operate or control OTAs and are not responsible for:

  1. (a) Changes to OTA policies, fees or commission structures
  2. (b) Platform outages, technical issues or errors
  3. (c) Guest reviews, content or actions on those platforms.

4.3 Guests and Owners must comply with the terms and conditions of each OTA used.

5. Bookings, payments and trust account

5.1 Bookings are generally processed through OTAs or our approved booking channels and are subject to the relevant platform’s booking terms and cancellation policies.

5.2 Rental payments and other amounts collected from Guests may be received through the trust account operated by Jacquelynn Smith Pty Ltd, or through other compliant trust or payment arrangements as advised from time to time, in accordance with applicable real estate and trust accounting regulations.

5.3 Unless otherwise agreed in writing:

  1. (a) Our management fees and agreed charges (for example, cleaning, linen, consumables and agreed maintenance) may be deducted from booking proceeds before payouts to the Owner
  2. (b) Net amounts are then paid to the Owner’s nominated bank account within a reasonable period after funds are cleared from OTAs or payment providers
  3. (c) We may set off any amounts you owe us (for example, unpaid fees or approved expenses) against future payouts.

5.4 Details of fee percentages, charges and payment timing will be set out in your management agreement, proposal or package.

6. Owner responsibilities and compliance

6.1 As an Owner, you are legally responsible for ensuring that your Property can lawfully be used for short-term rental accommodation, including complying with:

  1. (a) NSW short-term rental accommodation laws and the STRA Code of Conduct
  2. (b) Local council planning rules, zoning and approvals; and
  3. (c) Any strata, building or community scheme by-laws.

6.2 You must ensure the Property is safe and compliant, including (as applicable):

  1. (a) Working smoke alarms and fire safety equipment
  2. (b) Pool and spa barriers and safety compliance
  3. (c) Safe electrical and gas installations
  4. (d) Reasonable security measures such as locks.

6.3 You must maintain appropriate insurance, including:

  1. (a) Landlord and/or short-term rental insurance; and
  2. (b) Public liability insurance sufficient for short-term guests.

6.4 You must provide accurate and truthful information about the Property, including features, condition, restrictions and any material risks or limitations, and promptly inform us of changes.

6.5 We may assist with guidance and coordination, but final legal responsibility for compliance rests with the Owner unless otherwise required by law.

7. Guest responsibilities (high-level)

7.1 Guests must:

  1. (a) Comply with all house rules and OTA/platform rules
  2. (b) Respect neighbours, common areas and local communities
  3. (c) Not use the Property for parties, unlawful purposes or activities that breach the STRA Code of Conduct or by-laws
  4. (d) Leave the Property in a reasonably clean and undamaged condition, subject to fair wear and tear.

7.2 Breach of these requirements may result in cancellation, eviction from the Property and/or reporting to OTAs or relevant authorities, in accordance with platform rules and applicable laws.

8. Cancellations and changes

8.1 Guest cancellations and associated refunds are primarily governed by the OTA’s cancellation policy chosen for the listing (for example, flexible, moderate or strict). We do not control OTA refund rules and may be required to follow the platform’s decision.

8.2 If an Owner requests cancellation of confirmed bookings or withdraws a Property from short-term rental:

  1. (a) Additional costs or penalties may apply under OTA rules; and
  2. (b) The Owner may be responsible for such costs, including any goodwill discounts, relocation costs or penalties charged by OTAs.

8.3 Specific details may be set out in your management agreement or package.

9. Website use and acceptable conduct

9.1 You agree to use our Website only for lawful purposes and not to:

  1. (a) Interfere with or disrupt the Website, servers or networks
  2. (b) Attempt to gain unauthorised access to any part of the Website or related systems
  3. (c) Use automated tools (such as bots or scraping software) to access or collect data from the Website without our consent
  4. (d) Infringe our intellectual property rights or those of any third party
  5. (e) Upload or transmit any harmful code, viruses or malicious content.

9.2 We may suspend or restrict access to the Website if we reasonably believe you have breached these Terms.

10. Intellectual property

10.1 Unless otherwise stated:

  1. (a) The content on our Website (including text, graphics, logos, photos, icons and layouts) is owned by or licensed to Canellis Property management Services
  2. (b) You may view and download content for personal or internal business use only
  3. (c) You must not reproduce, distribute, adapt, publish, display or create derivative works from our content without our prior written consent.

10.2 Property photos and content may be subject to separate ownership or licensing arrangements, which will be outlined in our management agreement or other documentation.

11. Limitation of liability

11.1 To the maximum extent permitted by law:

  1. (a) Our Services are provided on the basis that we will use reasonable care and skill, but we do not guarantee a particular occupancy rate, income level or financial return
  2. (b) We do not guarantee that OTAs or other platforms will function without interruption or error.

11.2 We are not liable for:

  1. (a) Indirect, special or consequential loss
  2. (b) Loss of profit, revenue, goodwill or business opportunity
  3. (c) Loss caused by platform outages, third-party system failures or changes to OTA policies
  4. (d) Loss arising from unsafe property conditions, non-compliance with laws or your failure to maintain appropriate insurance.

11.3 Where liability cannot be excluded, and to the extent permitted by law, our liability in connection with the Services is limited to the lesser of:

  1. (a) The fees paid to us for the relevant Services in the 12 months prior to the event giving rise to the claim; or
  2. (b) The amount permitted under the Australian Consumer Law or other applicable legislation.

11.4 Nothing in these Terms excludes, restricts or modifies any consumer guarantees under the Australian Consumer Law that cannot be excluded.

12. Indemnity

12.1 You (as Owner) agree to indemnify us and hold us harmless from and against any loss, damage, claim, cost or expense (including reasonable legal costs) arising from:

  1. (a) Your breach of these Terms or your management agreement with us
  2. (b) Your breach of applicable laws, regulations or by-laws (including STRA rules)
  3. (c) Unsafe or non-compliant conditions at the Property
  4. (d) Misleading or inaccurate information you provide about the Property
  5. (e) Your failure to maintain appropriate insurance.

12.2 This indemnity is reduced to the extent that the loss is caused by our own negligence or breach of law.

13. Privacy

13.1 Our handling of personal information is governed by our Privacy Policy, available on our Website.

13.2 By using our Website or Services, you consent to our collection, use and disclosure of personal information in accordance with that Policy.

14. Changes to these Terms

14.1 We may update these Terms from time to time. The latest version will be posted on our Website with the effective date.

14.2 Your continued use of the Website or our Services after changes take effect constitutes your acceptance of the updated Terms.

14.3 If you are an Owner, we will take reasonable steps to notify you of any material changes that affect your management arrangement.

15. Dispute resolution

15.1 If a dispute arises between you and us, both parties agree to:

  1. (a) First try to resolve the matter in good faith through discussion; and
  2. (b) If not resolved within a reasonable time, consider mediation before starting court proceedings (except where urgent relief is required).

16. Governing law and jurisdiction

16.1 These Terms are governed by the laws of New South Wales, Australia.

16.2 You submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts.

17. Contact us

17.1 If you have any questions about these Terms or our Services, please contact:

Canellis Property Management

Suite 30, 117 Old Pittwater Road, Brookvale NSW 2100

Email: matt@canellis.com.au 

Website: canellis.com.au