Booking platform obligations

Booking platforms are businesses that provide online accommodation booking services for short-term rental accommodation.

These booking platforms have an important role in helping its customers comply with the Code of Conduct for the Short-term Rental Accommodation Industry.

Information about the Code of Conduct

The booking platform must inform customers about the Code of Conduct and a copy must be readily available on the platform’s website.

Notice of complaints and disputes

To help resolve disputes and issues arising with customers, a booking platform must notify the guest or the host of a complaint or dispute that relates to them as soon as possible after the platform is made aware.

The platform must take reasonable steps to ensure everyone is aware of how to lodge a NSW Fair Trading complaint about a guest, host, or premises.

Read more about Short-term Rental Accommodation complaints.

Premises register

From 1 June 2021, booking platforms must not advertise premises on its platform unless it is registered on the premises register with its registration number displayed along with the other details of the premises.

More information about the premises register will be made available at the Department of Planning, Industry and Environment.

Exclusion Register

Booking platforms must not advertise, facilitate or offer accommodation if a host or premises are listed on the Exclusion Register.

The platform must ensure a guest who is listed on the Exclusion Register can't use its services to book accommodation.

If the platform is made aware a guest, host, or premises has been recorded on the Exclusion Register as a result of a booking made on its platform, it must notify, as soon as possible, the relevant guest or host of the listing.

NSW Fair Trading will be taking an educational approach to exclusion register obligations that prohibit entering into or facilitating short-term rental arrangements until 1 June 2021.

However, Fair Trading will be enforcing obligations on hosts and guests to not enter into these arrangements if they have been recorded on the Exclusion Register.

Read more about Fair Trading’s approach to enforcing Exclusion Register obligations with our Statement of Regulatory Intent.

Record-keeping

Booking platforms must keep records of each transaction that is entered into using its online services for 3 years.

General obligations

The Code of Conduct imposes some general obligations that apply to all industry participants, including booking platforms.

Act honestly and in good faith

All participants must act honestly and in good faith as part of any short-term rental accommodation arrangement.

Participants must act honestly and in good faith in relation to any dealing, complaint or dispute that arises about a short-term rental accommodation arrangement.

Cooperation with NSW Fair Trading

All participants must cooperate with NSW Fair Trading in its enforcement and administration of the Code of Conduct.

This includes complying with directions issued by Fair Trading and with requests for information relating to their activities as an industry participant or under the Code.

The information collected by Fair Trading will be used to enforce the Code and to monitor, evaluate and inform further development of the regulatory framework.

Identity of participants excluded from the industry

Industry participants must not knowingly misrepresent the identity of any person or premises to avoid a provision of the Code because the person or premises is recorded on the Exclusion Register.

Read more about the Exclusion Register.

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