Terms and Conditions – DemiAir

DEMIAIR TERMS AND CONDITIONS

TERMS OF SERVICE

Demi Air Pty Ltd [ABN 93 663 987 693] (“we”/”us”) is a booking service for carers and travellers. You can register as a Demiair so that you can earn money whilst travelling! It is a pre-condition of using our service that you must not under any circumstances contact any Traveller directly or provide a Traveller’s information to a third party but must only contact them and book their services through our Platform.

REGISTERING AS A DEMIAIR

You need to register as a Demiair through our Platform to respond to Requests for Assistance. You must be 18 or older to register with no criminal record. You could be an experienced babysitter, a long-time carer, a schoolteacher or tutor, a friendly translator, or a disabilities advocate. If you are planning to book your flights with us, you can register. It is your responsibility to ensure you have a valid passport with sufficient time on it, and appropriate visas. We also strongly recommend that you obtain travel insurance for your journey. If you wish to register as a Premium Demiair you must have particular qualifications and experience, such as childcare qualifications, first aid certificates, disability care qualifications or aged care qualifications.

BOOKINGS

Once you’ve registered as a Demiair, you can then respond to Requests for Assistance through our Platform. You can also note your availability on our Platform. You must be travelling to the same place at the same time to accept a booking request. When accepting a booking, you represent and warrant that you are the Demiair registered. You further represent and warrant that the information provided to any Request for Assistance is true and correct.

The Traveller can book you for any length of time (e.g. for short flights as well), however, there is a Minimum Fee that is payable to you. The Traveller will notify you of all important details in relation to the Flight. We recommend you charge the Recommended Rates as advertised on our Platform from time to time. Once a booking is made, you must forward the Traveller a copy of your valid passport.

NO GUARANTEES FOR BOOKINGS

We are a booking service and listing Platform only, and we cannot guarantee any Flight Job or any Flight Jobs at all. We cannot guarantee that you will get any Bookings or any number of Bookings, and we are not responsible if you don’t get any Bookings.

Our Service is a booking service and message provider only, and we are not involved in the interaction between you, and the Traveller, but only facilitate the booking and communication. We have no obligation to monitor the content of the conversations between you and the Traveller, and we are not liable for any unauthorised or unlawful content.

SICKNESS AND COVID-19

You must notify the Traveller if you are sick, even at late notice. You acknowledge and agree that COVID-19 and other infectious diseases can be extremely contagious and is believed to spread from person to person contact and the Flight will involve close personal contact. You further acknowledge and agree that you be exposed to or infected by COVID-19 or any other infectious disease during the Flight and that such exposure or infection may result in personal injury, illness, permanent disability, and death.

You confirm that your acceptance of any Flight Job is voluntary and that you knowingly assume all risks of COVID-19 and other infectious diseases above.

THE FLIGHT

Please note that the Fee does not include the airfare required for your flight. You must work with the Traveller to find a suitable flight.

Please ensure you take all details required with you on the flight, including, but not limited to your passport, visas, Working with Children Checks and other evidence of qualifications. Then, prior to the Flight, please ensure that you have all the details you need from the Traveller. You should have all information in relation to:

any medical illness and any food allergies;
all medications and medical equipment that may be required and instructions in relation to any administration of medication in writing;
what to prepare in the way of meals (e.g. for children) where nappies, pull-ups and/or spare underwear are kept, their sleeping habits, and any other behavioural or relevant information;
details of any phobias e.g. flight phobia, or concerns and some background, and how you can best assist;
any specific language requirements;
the extent of any disability, mobility issue, neurodiversity, and how they can best assist you during the Flight.

You must at all times keep the confidentiality of this information. You must keep it secure, and not disclose it to anyone except on an as needed basis. Some of this information is personal information and health information. You must comply with our Privacy Policy.

FLIGHT DAY

You must meet with the Traveller AFTER clearing customers and at the departure gate, boarding area depending on what you have agreed. The Flight Job will finish when you disembark or leave customs at your destination. The hourly rates will be calculated follows:

number of hours x offered dollars + 10% booking fee

number of hours + layover (2 hours) x offered dollars + 10% booking fee.

NO SHOWS

If you do not show up for a Flight, you may be removed from our Platform at our sole discretion. If the Traveller does not show for the Flight, they may be removed from our Platform at our sole discretion, and the Fees forfeited.

DELAYS

Where a flight is delayed, the Traveller may add hours to the agreement with you via our Platform. They must request it via the platform. You can then agree to such additional hours.

STOPOVERS

A two hour stop over is included for all flights with a stopover. After that, the time is your own, unless the Traveller specifically requests additional hours, and you agree.

EMERGENCIES

In case of any medical emergency, you may be required to administer any medical emergency treatment. This must be provided under the supervision and advice of any emergency medical personnel or physician on the Flight.

DEMIAIR CODE OF CONDUCT

We’d love if you could attend to the Flight Jobs in a professional way, and in a way that enhances our reputation. When you do the following, the Traveller is more likely to rate you highly on our system, and so please:

provide your own resources for the Jobs, e.g. colouring in books for children. These are at your expense.
maintain and show the Traveller your ABN, Working with Children Check, First Aid and CPR;
maintain the confidentiality of the Traveller’s information;
stick to routines and any parent preferences e.g. no screens.

FEES

The Traveller will pay the Rates as agreed. At the end of a Flight the Fee will be released to you. The Fee will be as agreed between you and the Traveller but must always be based on an hourly rate. You acknowledge and agree that sometimes there will be delays and so any estimate of hours required is an estimate only, and you may be required to work additional hours.

You are solely responsible for the cost of your flight, and all travel costs, and all your own meals and subsistence during the flight.

CANCELLATIONS BY YOU

In the event that the Traveller or the Traveller’s child or children have a contagious disease or condition which at your or our sole discretion may cause a degree of risk, then you may cancel the Booking immediately with verbal notice to the Traveller. If the Traveller otherwise breaches the “Code of Conduct” then you may also cancel the Booking immediately with verbal notice to you. You may subtract hours from the Flight Job, and this will be sent to the Traveller for acknowledgement.

CANCELLATIONS BY THE TRAVELLER

Where the Traveller cancels with more than 7 days prior notice to the Flight, no Fees will be paid to you Where a Traveller cancels with less than 7 days prior notice prior to the Flight, they will pay you the Minimum Fee. If you have a contagious disease or condition which you consider may cause a degree of risk, the Traveller may cancel the Booking immediately with verbal notice to you. If you otherwise breach our “Code of Conduct” then you may also cancel the Booking immediately with verbal notice to the Traveller. Where the Traveller cancels, they will subtract hours from the Flight Job, and this will be sent to you for your acknowledgement.

POSTING INFORMATION AND REVIEWS

We ask you to leave a review for the Traveller after the experience, as we rely on reviews for our Service. You must be respectful and honest in your reviews. After your review is posted payment to you will be released. We have a 5-star system of reviews.

When you post information on our Platform, including any reviews, or photos or any other content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license to all Intellectual Property Rights in those posts. This includes the right to display, reproduce and make derivative works, and the right to publish on other platforms. Further, you waive all Moral Rights you have in your posts.

POSTING RULES

You must conduct yourself appropriately when using our messaging service, and when posting any reviews or any information including being respectful and courteous to all Travellers when interacting on our Platform.

If you provide or post any of the following content we may, at our sole discretion deregister you from our Service immediately:

any inappropriate or offensive content including but not limited to, any insults or profanity, conduct that is religiously, racially, or sexually offensive, or threatening or abusive, or that impersonates, stalks or harasses another user;
any illegal content including, but not limited to, anything defamatory, and any post that breaches third party Intellectual Property Rights;
any immoral content including but not limited to, anything pornographic or obscene;
any false or misleading content.

If you consider that someone is breaching the content posting rules, please notify us promptly so that we can address the issue immediately.

PHOTOS

You may take photos of the Traveller and their children where they explicitly consent. However, you must delete all photos immediately after sending directly to the Traveller, and no photos are posted on any social media sites, without the Traveller’s prior express permission.

COMPLAINTS AND DISPUTES

In the event that you have any complaints please raise them directly with the relevant Traveller. We do not make any warranties as to any Traveller’s character.

If a dispute arises between you and us, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media Platforms. Any public discussion or comments considered defamatory, negative or otherwise damaging will be the subject of compensation in any mediation or litigation claim.

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

LIABILITY

To the extent permitted by law, our liability is limited, at our option to: –

the replacement of the Services or the supply of equivalent Services; or
the payment of the cost of replacing the Services or of acquiring equivalent Services.

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from the booking or the Services. This includes, but is not limited to any loss, personal injury, death, negligence, loss of salary, property damage, loss of enjoyment, or reliance on our Services.

In any case, our liability to you will not exceed the amount actually paid to you by the Traveller for the most recent Flight Job.

You acknowledge, agree and undertake that you shall be the legally responsible party for any conduct by you in respect of any legal proceedings and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in using our Services, any third party claims.

RELATIONSHIP

This Agreement does not create any relationship of partner, joint ventures, employee, or agent. We do not have to pay you leave, and you are not entitled to any rights that could accrue if you were an employee. You cannot bind us legally by any act or omission unless it is set out in this Agreement. We are not responsible for withholding or remitting any payment for you such as income tax or superannuation.

THE GOVERNING LAW AND OTHER MATTERS

This agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter. This Agreement may not be modified or amended except in writing signed by both parties. If any Services have been provided by us before the data of signing of this Agreement, the parties agree that this Agreement applies retrospectively. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. This Agreement must not be transferred or assigned without the prior written consent of the other party. This Agreement is governed by the laws from time to time in force in the state of QLD Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of QLD for determining any dispute concerning this Agreement.

DEFINITIONS

“Claims” means any claim under statute, tort, contract or negligence, any demand, awards or costs.
“Demiairs” means the au pairs listed on our register and who are booked by a Traveller.
“Fee” means the fee paid to the Demiairs in respect of the Flight and calculated at the agreed rates.
“Flight” means the flight on the dates and times that you make a booking for.
“Flight Job” means any particular job where you are the Demiair and you agree to provide assistance to a Traveller.
“Intellectual Property Rights” means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
“Minimum Fee” means the minimum fee that is payable to the Demiair, and is the relevant hourly rate x 3 hours.

“Moral Rights” means all moral rights as defined under the Copyright Act 1968.
“Register” means the database/ register that lists all our current registered Demiairs and Premium Demiairs.
“Recommended Rates” are the recommended hourly rates as advertised on our Platform from time to time.
“We, us” means Demi Air Pty Ltd [ABN 93 663 987 693] and includes all our directors, officers, employees’ independent contractors, agents’ consultants and other representatives.

Terms and Conditions – Traveller

TERMS OF SERVICE

Demiair The Air Au Pairs [ABN 93 663 987 693] (“we”/”us”) is a booking service for travellers. You can search for Demiairs listed on our Register. We do not conduct interviews, background checks, or screening processes before allowing any Demiair to join our Register, so they are used at your own risk. It is a pre-condition of using our service that you must not under any circumstances contact any Demiair directly or provide a Demiair’s information to a third party but must only contact them and book their services through our Platform.

REGISTERING AS A TRAVELLER
You need to register as a Traveller through our Platform to make a booking for a Demiars. You must be 18 or older to register with no criminal record. Once you’ve booked your flights and decided on your travel destination, you can register. You could be a parent needing support with children, a nervous first-time traveller, a non-native speaker, or a senior wanting company. You could be a person with a disability, mobile challenged, neuro-diverse or mentally impaired. You can expect all the support you might need with a flight that you might get from a babysitter, carer, disability advocate, or translator, or you can just enjoy the benefits your own private concierge. We have Demiairs and Premium Demiars. Our Premium Demiairs are qualified and experienced nannies and carers. You must choose a Premium Demiar if you need help with schoolwork, toileting and nappies, and/or complex care requirements.

BOOKINGS

Once you’ve registered, you can then book a Demiair through our Platform. You can search our database or list a “Request for Assistance” detailing the support you need and the type of care. Eligible Demi Airs who are travelling to the same place at the same time can respond to your listing and you can connect on our platform to work out the details. The Booking Fee must be paid at the time of booking to secure your booking. When making a booking, you warrant that you are the Traveller registered and/or you have the authority to book the Demiar for the Traveller. You further warrant that the information provided when booking is true and correct, and up to date. You must not be misleading in any way. We may, at our sole discretion accept or decline any booking.

You may book a Demiair for any length of time (e.g. for short flights as well), however, there is a Minimum Fee that is payable. You must notify the Demiair of all important details in relation to the flight and travel, including but not limited to all medical illnesses and food allergies, medications, equipment, meal requirements, nappies, sleep habits, language requirements, and/or the extent of any disability or neurodiversity or phobia at the time of booking. We have Recommended Rates as advertised on our Platform, that we encourage our Demiairs to charge. Once a booking is made, the Demiair will forward you a copy of their valid passport.

NO GUARANTEES

We are a booking service only, and we cannot guarantee the services of a particular Demiair, or a Demiair at all. On occasion a Demiair may become ill, or there may be an emergency situation.

We are not involved in the interaction between you, and the Demiair, but only facilitate the booking and communication. We have no obligation to monitor the content of the conversations between you and the Demiair, and we are not liable for any unauthorised or unlawful content.

SICKNESS AND COVID-19

You must notify us the Demiair if you are sick, even at late notice. You acknowledge and agree that COVID-19 and other infectious diseases can be extremely contagious and are believed to spread from person to person contact and the Flight will involve close personal contact. You further acknowledge and agree that you be exposed to or infected by COVID-19 or any other infectious disease during the Flight and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You confirm that your use of the Demiair is voluntary and that you knowingly assume all risks of COVID-19 above.

THE FLIGHT

To ensure the Demiair is able to properly care for you or your children, you must:

inform the Demiair of any medical illness and any food allergies;
provide the Demiair with all medications and medical equipment that may be required and instructions in relation to any administration of medication in writing; and
ensure that the Demiair understands what to prepare in the way of meals (e.g. for children) where nappies, pull-ups and/or spare underwear are kept, their sleeping habits, and any other behavioural or relevant information;
inform the Demiair of any phobias e.g. flight phobia, or concerns and some background, and how they can best assist you;
inform the Demiair of specific language requirements;
inform the Demiair of the extent of any disability, mobility issue, neurodiversity, and how they can best assist you during the Flight.

The Demiair is bound to keep the confidentiality of this information and must comply with our Privacy Policy. Where the Demiair divulges personal information to you, you must also keep the information confidential.

FLIGHT DAY – WHERE TO MEET

You must meet with your Demi Air AFTER clearing customers or at the departure gate, boarding area depending on what you have agreed. Their service will finish when you disembark or leave customs at your destination. The hourly rates will be calculated accordingly.

NO SHOWS

If the Demiair does not show up for a Flight Job, all Fees will be returned to you, and the Demiair will be removed from our Platform. If you do not show up for the Flight, we may remove you from our Platform at our sole discretion.

DELAYS

Where a flight is delayed, you may add hours to the agreement with the Demiair on our Platform. Please ensure that you request it via the platform. The Demiair can then agree to such additional hours.

STOPOVERS

A two hour stop over is included for all flights with a stopover. After that, the Demiair is free to have their own time, unless you specifically request additional hours and the Demiair agrees.

EMERGENCIES

In case of any medical emergency, you authorise the Demiair to administer any medical emergency treatment. This treatment shall be provided under the supervision and advice of any emergency medical personnel or physician on the Flight. Any expenses incurred during this treatment must be paid or reimbursed by you.

FEES

To secure a booking you must first pay the Booking Fee. Then, you must pay the Fee in advanced based on the hours as agreed. The Fee will be as agreed between you and the Demiair, but will be an hourly rate. You acknowledge and agree that sometimes there will be delays and so any estimate of hours required is an estimate only.

The Demiair is solely responsible for the cost of their flight, and all travel costs, and all their own meals and subsistence during the flight.

AUTHORITY

By placing the Booking, you authorise us to debit your nominated credit card for any agreed and/or additional costs incurred pursuant to this Agreement. Such additions may arise from variations in the Booking, a failure to pay the correct Fee or for additional time required of the Demiair. All credit card transactions shall incur a Transaction Fee. In the event that the credit card is declined then we will contact you directly to obtain alternative credit card and/or payment arrangements.

CANCELLATIONS BY YOU

Where you cancel with more than 7 days prior notice to the Flight, the Booking Fee remains payable, and any third-party payment processer fees. Where you cancel with less than 7 days prior notice prior to the Flight the Booking Fee is forfeited and the Minimum Fee will be charged along with any processing fees. If the Demiair has a contagious disease or condition which you consider may cause a degree of risk, you may cancel the Booking immediately with verbal notice to the Demiair. If the Demiair otherwise breaches our “Code of Conduct” then you may cancel the Booking immediately with verbal notice. Where you cancel immediately, you must subtract hours from the Flight Job, and this will be sent to the Demiair for their acknowledgement.

CANCELLATIONS BY THE DEMIAIR

In the event that you or your child has a contagious disease or condition which at the Demiair’s or our sole discretion may cause a degree of risk, then the Demiair may cancel the Booking immediately with verbal notice to you. If you otherwise breach our “Code of Conduct” then the Demiair also may cancel the Booking immediately with verbal notice to you. The Demiair may subtract hours from the Flight Job, and this will be sent to you for your acknowledgement.

The Booking Fee remains payable despite any cancellations.

POSTING INFORMATION AND REVIEWS

We ask you to leave a review for the Demiair after the experience, as we rely on reviews for our Service. You must be respectful and honest in your reviews. After your review is posted the payment to the Demiair will be released. We have a 5-star system of reviews.

POSTING RULES
You must conduct yourself appropriately when using our messaging service, and when posting any reviews or any information including being respectful and courteous to all Demairs when interacting on our Platform.

If you provide or post any of the following content we may, at our sole discretion deregister you from our Service immediately:

any inappropriate or offensive content including but not limited to, any insults or profanity, conduct that is religiously, racially, or sexually offensive, or threatening or abusive, or that impersonates, stalks or harasses another user;
any illegal content including, but not limited to, anything defamatory, and any post that breaches third party Intellectual Property Rights;
any immoral content including but not limited to, anything pornographic or obscene;
any false or misleading content.

If you consider that someone is breaching the content posting rules, please notify us promptly so that we can address the issue immediately.

PHOTOS

Our Demiairs may take photos of you and your children and will send them to you. They are instructed to delete all photos immediately after sending, and no photos are posted on any social media sites, without your prior express permission.

COMPLAINTS AND DISPUTES

In the event that you have any complaints please raise them directly with the relevant Demiair. All our Demiairs are independent contractors, and we do not make any warranties as to the Demiair or the Demiair’s character.

If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media Platforms. Any public discussion or comments considered defamatory, negative or otherwise damaging will be the subject of compensation in any mediation or litigation claim.

LIABILITY

To the extent permitted by law, our liability is limited, at our option to: –

the replacement of the Services or the supply of equivalent Services; or
the payment of the cost of replacing the Services or of acquiring equivalent Services.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Flight.

THE GOVERNING LAW AND OTHER MATTERS

This agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter. This Agreement may not be modified or amended except in writing signed by both parties. If any Services have been provided by us before the data of signing of this Agreement, the parties agree that this Agreement applies retrospectively. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. This Agreement must not be transferred or assigned without the prior written consent of the other party. This Agreement is governed by the laws from time to time in force in the state of QLD Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of QLD for determining any dispute concerning this Agreement.

DEFINITIONS

“Administration Fee” means the administration fee we charge you when we need to debit your credit card for unpaid fees.

“Booking Fee” means the booking fee as advertised on our Platform from time to time.

“Claims” means any claim under statute, tort, contract or negligence, any demand, awards or costs.

“Demiairs” means the au pairs listed on our register and who are booked by you.

“Fee” means the fee paid to the Demiairs in respect of the Flight and calculated at the agreed rates.

“Flight” means the flight on the dates and times that you make a booking for.

“Flight Job” means any particular job where you request a Demiair.

“Intellectual Property Rights” means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

“Minimum Fee” means the minimum fee that is payable to the Demiair, and is the relevant hourly rate x 3 hours.

“Moral Rights” means all moral rights as defined under the Copyright Act 1968.

“Register” means the database/ register that lists all our current registered Demiairs and Premium Demiairs.

“Recommended Rates” are the recommended hourly rates as advertised on our Platform from time to time.

“Transaction Fee” means the fee that is notified to you from time to time.

“We, us” means Demiairs [ABN 66206628086] and includes all our directors, officers, employee’s independent contractors, agents’ consultants and other representatives.