MediStay®

This Policy explains how Customers and Hosts raise and respond to disputes relating to Bookings made through MediStay®.

A dispute may concern:

• a cancellation decision;
• a refund calculation;
• a no-show decision;
• an Accommodation Charge;
• a Host Platform Fee calculation;
• a Host Payout calculation;
• a security deposit deduction;
• a Host cancellation;
• an Accommodation issue;
• misleading listing information;
• failure to provide the Accommodation;
• property damage;
• an unauthorised charge; or
• another Booking-related matter.

The Customer must:

1. log into their MediStay® account;
2. open the relevant Booking;
3. click the Raise a Dispute button;
4. explain what has happened;
5. state the outcome requested; and
6. upload any supporting evidence.

The Customer should provide:

• relevant dates and times;
• copies of messages;
• photographs or videos;
• receipts or invoices;
• payment evidence;
• cancellation evidence;
• check-in information; and
• any other relevant documents.

A dispute should not normally be raised by general email where the Raise a Dispute button is available.

The Host will be notified when a dispute is raised and will be given a reasonable opportunity to respond.

The Host may be asked to provide:

• its written response;
• the Host Terms;
• the Host Cancellation Policy;
• Booking records;
• payment information;
• check-in records;
• messages;
• photographs;
• invoices;
• damage evidence; and
• any other relevant documents.

MediStay Ltd will investigate the dispute. MediStay may:

• review the Customer's evidence;
• review the Host's evidence;
• examine the listing;
• examine the Booking Confirmation;
• examine payment records;
• review messages sent through the platform;
• request further information;
• contact either party for clarification; and
• consider applicable consumer law.

MediStay will consider:

• the terms accepted when the Booking was made;
• the Host Cancellation Policy;
• the MediStay Customer Booking and Platform Terms;
• the Accommodation description;
• the evidence provided;
• the services supplied or not supplied;
• the parties' conduct; and
• any attempt already made to resolve the matter.

MediStay acts as the platform mediator and will aim to provide a fair and reasonable outcome based on the evidence available.

MediStay is not acting as:

• a court;
• a tribunal;
• a solicitor;
• an ombudsman; or
• a formal arbitrator.

Following its investigation, MediStay may provide an outcome including:

• no further action;
• a full refund;
• a partial refund;
• correction of a refund calculation;
• release or return of a security deposit;
• rejection of the claim;
• correction of an incorrect charge;
• recalculation of a Host Platform Fee or Host Payout;
• account credit;
• a request for additional evidence;
• amendment or removal of a listing;
• a warning;
• suspension of an account;
• removal of a Host from the platform; or
• another fair and reasonable platform-level resolution.

Where MediStay holds or controls the relevant funds, MediStay may implement the outcome by:

• issuing a refund;
• adjusting a payment;
• recalculating the Host Platform Fee and Host Payout;
• releasing funds;
• withholding a Host payment; or
• correcting a payment error.

Where the relevant funds are held directly by the Host, MediStay will communicate the outcome to the Host and Customer. The Host remains responsible for complying with its contractual and legal obligations.

Where an outcome requires all or part of the Booking Subtotal to be refunded, the Host Platform Fee will be reversed in full or reduced pro rata so that it remains 10% of the part of the Booking Subtotal the Host is finally entitled to retain. The Host Payout will be adjusted accordingly.

Customers and Hosts must:

• provide accurate information;
• preserve relevant evidence;
• respond within stated timeframes;
• communicate respectfully; and
• avoid altering or fabricating evidence.

MediStay may determine or close a dispute based on the available evidence where either party:

• does not respond;
• refuses to provide reasonably requested information;
• provides false or misleading information;
• submits altered evidence;
• communicates abusively or threateningly; or
• repeatedly raises the same issue without material new evidence.

A dispute should be raised as soon as reasonably possible. Unless exceptional circumstances apply, it should normally be raised within 30 calendar days of:

• the disputed cancellation;
• the disputed charge;
• the scheduled check-out date;
• the security deposit decision; or
• the event giving rise to the dispute.

MediStay will aim to acknowledge the dispute within five working days and provide an outcome within 20 working days. Complex investigations may take longer. Where this happens, the parties will be updated.

MediStay's platform-level outcome does not prevent either party from:

• obtaining independent legal advice;
• contacting a consumer protection organisation;
• contacting a payment provider;
• using an applicable alternative dispute resolution service;
• contacting a regulator;
• reporting suspected criminal conduct; or
• starting legal proceedings.

Customers should use the Raise a Dispute process before initiating a chargeback where reasonably possible. This does not remove a Customer's lawful right to contact their bank or payment provider.

MediStay may withhold the affected Host Payout while a chargeback is investigated. If a chargeback is upheld in full or in part, the Host Platform Fee will be recalculated at 10% of the part of the Booking Subtotal the Host finally remains entitled to retain.

Any recovery of a payment-provider chargeback fee from the Host must be authorised and clearly described in the Host Terms. It will not be added to the Customer's price as a MediStay booking, service or platform fee.

Information submitted as part of a dispute may be shared between the Customer and Host where necessary to investigate the matter fairly. MediStay may redact information where disclosure would be unnecessary, unsafe or unlawful.