1. Definitions
These Host Terms of Service (Terms) govern the relationship betweenNextCamp Pty Ltd (ABN 60 696 892 127, ACN 696 892 127) (NextCamp, we, us) and the person or entity listing a Site on the NextCamp platform (Host, you).
You accept these Terms electronically during host onboarding. Schedule C describes how acceptance is recorded and the document obligations it creates. Acceptance creates a binding contract.
- Booking means a confirmed reservation of a Site made by a Guest through the platform.
- Guest means a person who makes or is covered by a Booking, including anyone they bring onto the Site.
- Host Content means listing text, photographs, video, pricing, availability, maps and site rules you upload.
- Site means the campground, property, pitch, cabin, powered or unpowered site or other accommodation you list.
- Site Rules means the conditions of entry and stay you set for your Site and publish on your listing.
- ACL means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
- WHS Law means the Work Health and Safety Act and Regulations applying in the State or Territory where the Site is located.
2. What NextCamp is, and what it is not
2.1 NextCamp operates a technology platform that lists Sites, takes Bookings and processes payments. NextCamp is a booking facilitator and payment collection agent. Nothing more.
2.2 NextCamp does not own, lease, operate, inspect, manage, control or supervise any Site. NextCamp is not the supplier of the accommodation or camping service, is not an occupier of any Site, and is not a person conducting a business or undertaking in respect of your Site under WHS Law.
2.3 The contract for the stay is between you and the Guest. You are the supplier for the purposes of the ACL. Your Site Rules, together with the NextCamp Guest Terms, form that contract.
2.4 Nothing in these Terms creates a partnership, joint venture, employment, franchise or agency relationship, other than the limited payment collection agency in clause 6.
2.5 NextCamp does not verify the accuracy of Host Content, the condition of any Site, or a Guest’s suitability, beyond the automated checks described on the platform. Any badge, rating, verification tick or quality score is a convenience, not a warranty.
3. Eligibility and Host warranties
3.1 You warrant, on each day your listing is live and again on the date of each Booking, that:
- you are at least 18 years old and have full legal capacity to enter this agreement
- you own the Site, or hold a lease, licence, easement or written consent from the owner that permits paid short stay camping or accommodation
- listing the Site does not breach any mortgage, lease, body corporate by-law, covenant, caveat, native title agreement, conservation agreement or Crown land condition affecting the Site
- you hold every development consent, planning approval, exemption, primitive camping ground approval, caravan park licence, food business notification and other authorisation required by the relevant local council and State or Territory law for the use you are offering
- you are registered for GST if required, and hold a valid ABN where you are carrying on an enterprise
- all Host Content is accurate, current and not misleading, including site dimensions, access conditions, amenities, road quality and vehicle suitability
- you are not disqualified from operating a business and are not subject to an unresolved regulatory direction, prohibition notice or improvement notice affecting the Site
- you are not a designated person under Australian sanctions law
3.2 You must notify NextCamp in writing within two business days if any warranty in clause 3.1 becomes untrue. Failure to notify is a material breach.
4. Safety, compliance and duty of care
4.1 You are solely responsible for the safety of the Site and every person on it. You accept that you owe a duty of care to Guests as occupier of the Site, and that this duty cannot be delegated to NextCamp.
4.2 You must, at your own cost and on a continuing basis:
- identify, assess and control hazards on the Site, and keep a written record of that assessment updated at least annually
- comply with WHS Law, the Environmental Planning and Assessment Act or State equivalent, and all local council conditions
- maintain a bushfire management plan where the Site is in a bushfire prone area, including evacuation routes, trigger points and a communicated shelter location
- provide potable water or clearly label non potable water at every outlet
- maintain sanitation, waste and greywater disposal to the standard required by the relevant council
- have all electrical installations and portable appliances inspected, tested and tagged by a licensed electrician at the intervals required by AS/NZS 3760 and AS/NZS 3001 for relocatable installations
- have all gas installations certified by a licensed gasfitter
- maintain and test smoke alarms, fire extinguishers, fire blankets and firefighting water supply where required
- fence, cover or otherwise secure swimming pools, dams, tanks, cliffs, wells, mine shafts and disused structures in accordance with law
- control livestock, working dogs, farm machinery and firearms so they cannot injure Guests
- disclose on the listing every material risk of the Site, including limited mobile coverage, distance from emergency services, four wheel drive only access, tidal or flood risk, wildlife, and any works in progress
- hold a current first aid kit and a documented emergency contact and response procedure
4.3 You must comply with any reasonable safety direction NextCamp gives, including a direction to suspend Bookings. Compliance with such a direction does not transfer responsibility for the Site to NextCamp.
4.4 You must report to NextCamp within 24 hours any death, serious injury, serious illness, dangerous incident, regulator notice or insurance claim connected to the Site, in addition to any notification you must give a regulator.
5. Listings, pricing and availability
5.1 You set your own nightly rates, minimum stays, capacity limits and Site Rules. You are responsible for the accuracy of your calendar.
5.2 You grant NextCamp a worldwide, non exclusive, royalty free, sublicensable licence to host, reproduce, adapt, translate and display Host Content for the purposes of operating, marketing and promoting the platform. This licence continues for 24 months after your listing is removed, for archival, marketing and dispute resolution purposes. This is the only licence NextCamp holds over Host Content. Neither the Platform Terms of Use nor the Privacy Policy grants a separate licence.
5.2A Use of Host Content in paid advertising or promotional campaigns additionally requires your explicit consent, recorded separately from your acceptance of these Terms and withdrawable at any time by written notice to NextCamp. Withdrawal does not affect material already published.
5.3 You warrant that you own or have licensed all Host Content, including photographs, and that its use does not infringe any third party right or the Privacy Act 1988 (Cth). You indemnify NextCamp for any claim that Host Content infringes a third party right.
5.4 All prices you display must be inclusive of GST where applicable and must include all compulsory fees. Charging a Guest a fee on arrival that was not disclosed on the listing is a material breach.
5.5 You must honour every confirmed Booking. If you cancel a confirmed Booking other than for a Force Majeure Event or a genuine safety reason, clause 7.4 applies.
6. Payments, commission and set off
6.1 You appoint NextCamp as your limited agent to collect payment from Guests on your behalf. Payment by a Guest to NextCamp discharges the Guest’s obligation to pay you.
6.2 These Terms do not set a commission rate or payout schedule. Any commission, payment processing cost or payout arrangement must be separately disclosed and agreed in writing before it applies to a paid Booking. NextCamp will not deduct an undisclosed fee or represent that a payout date applies where none has been agreed.
6.3 You are responsible for all taxes arising from your use of the platform, including GST, income tax, payroll tax, land tax, council rates and any short stay levy. NextCamp does not withhold or remit tax on your behalf. You must issue tax invoices to Guests where required. You indemnify NextCamp against any tax, penalty or interest assessed against NextCamp because of your non compliance.
6.4 Chargebacks, payment reversals, fraud losses and refunds attributable to your Site, your conduct or your cancellation are your cost. NextCamp may set off those amounts, and any other amount you owe NextCamp, against payouts due to you, and may withhold payouts while a Guest claim or investigation is open.
6.5 If a set off is insufficient, you must pay NextCamp the shortfall within 14 days of invoice. Overdue amounts accrue interest at the Reserve Bank of Australia cash rate plus 4 per cent per annum.
7. Cancellations and refunds
7.1 You select a published cancellation policy from the options NextCamp offers — Flexible, Moderate (the platform default) or Strict. That policy governs Guest initiated cancellations. The cancellation policy shown to a Guest at the time of booking is locked to that Booking and applies even if you later change the policy on your listing. The full tier definitions are set out in the Guest Terms.
7.2 NextCamp may issue a full or partial refund to a Guest, and recover it from you, where the Site materially differs from the listing, the Site is unsafe or unavailable, an amenity described as available is not available, or you breach these Terms. NextCamp will notify you and give you a reasonable opportunity, of at least 48 hours where circumstances allow, to respond before deciding.
7.3 NextCamp will act reasonably and consistently with its published refund guidelines when exercising the discretion in clause 7.2. Its decision on a refund is final as between NextCamp and you, but does not prevent you pursuing the Guest directly.
7.4 If you cancel a confirmed Booking without a Force Majeure Event or genuine safety reason, NextCamp may restrict or remove your listing or hosting access after considering the circumstances. NextCamp does not currently impose an automatic fixed cancellation fee or automatic rebooking-cost charge.
7.5 Where you cancel a confirmed Booking, the Guest also receives a full refund under the Dispute Resolution Policy. NextCamp may assist the Guest to identify another listing but does not promise a cash-equivalent or booking credit.
8. Guests, damage and conduct
8.1 You are responsible for screening, admitting, supervising and removing Guests from your Site, and for enforcing your own Site Rules.
8.2 Recovery of damage caused by a Guest is a matter between you and that Guest, supported by your insurance. NextCamp may, but is not obliged to, assist by facilitating the exchange of evidence and communication under the Guest Terms. NextCamp does not charge a Guest’s payment method after checkout without a new, express payment authorisation, does not guarantee recovery and is not liable for any shortfall.
8.3 You must not discriminate against a Guest on any ground protected by the Racial Discrimination Act 1975 (Cth), Sex Discrimination Act 1984 (Cth), Disability Discrimination Act 1992 (Cth), Age Discrimination Act 2004 (Cth) or State or Territory anti discrimination legislation.
8.4 You must not take a Booking off platform, solicit a Guest to book directly, or collect payment outside the platform for a stay originating from NextCamp. Doing so voids any NextCamp support for that stay and entitles NextCamp to recover the commission it would have earned.
9. Insurance
9.1 You must hold and maintain, at your cost, for the whole period your listing is live and for seven years after your last Booking:
- broadform public liability insurance for not less than AUD $10 million per occurrence, with an Australian authorised insurer, covering liability for personal injury, death and property damage arising from the Site and its use as paid short stay accommodation
- property and contents insurance for the Site adequate to reinstate it, with the insurer expressly notified that the Site is used for paid short stay accommodation
- workers compensation insurance as required by law if you engage any worker at the Site
- any other insurance required by law, by your lease, or by a council condition of consent
9.2 Your public liability policy must note NextCamp Pty Ltd as an interested party where your insurer permits, and must include a cross liability and waiver of subrogation endorsement in favour of NextCamp where available.
9.3 You must hold a current certificate of currency at all times and provide it to NextCamp at each renewal and within five business days of a written request from NextCamp. If your certificate expires and is not replaced, NextCamp may suspend your listing immediately without liability to you.
9.4 You must notify NextCamp within two business days if a policy required by clause 9.1 is cancelled, lapses, is materially varied, has cover declined, or if an insurer declines a claim connected to the Site.
9.5 Insurance held by NextCamp, and any guest protection, damage cover or resolution service NextCamp offers, is not insurance for your benefit, does not replace clause 9.1, and confers no right on you unless a separate policy names you.
10. Data and privacy
10.1 You must comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in handling Guest personal information, whether or not the Act otherwise applies to you, and you agree to be bound by the APPs as if you were an APP entity.
10.2 You may use Guest personal information only to deliver the Booking. You must not use it for marketing, sell it, disclose it offshore, or retain it longer than needed for tax and legal purposes.
10.3 You must notify NextCamp within 24 hours of becoming aware of any actual or suspected data breach involving Guest information, and cooperate with any assessment under the Notifiable Data Breaches scheme.
10.4 Surveillance devices, including cameras, doorbell cameras, drones and audio recorders, must be disclosed on your listing, must not be present in any bathroom, sleeping or private area, and must comply with the surveillance devices legislation of the relevant State or Territory.
11. Indemnity
11.1 You indemnify NextCamp, its related bodies corporate, and their officers, employees and contractors, against all claims, liabilities, losses, damages, fines, penalties and reasonable legal costs arising out of or in connection with:
- your Site, its condition, and any act or omission of you or anyone you allow onto it
- death, personal injury, illness or property damage suffered by any person at or travelling to or from your Site
- your breach of these Terms, of any warranty in clause 3, or of any law
- any claim by a Guest arising from your supply of the stay, including a claim under the ACL consumer guarantees
- any claim by a landlord, mortgagee, owners corporation, council, regulator or neighbour relating to your listing or use of the Site
- Host Content, including any infringement or privacy claim
- any tax, levy or charge that should have been borne by you
11.2 This indemnity is reduced proportionately to the extent the loss was caused by NextCamp’s own negligence, fraud or wilful misconduct, or its breach of these Terms.
11.3 The indemnity survives termination and is a continuing obligation independent of your other obligations. NextCamp need not incur expense or make payment before enforcing it.
12. Limitation of liability
12.1 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the ACL or any other law that cannot lawfully be excluded. This clause 12.1 prevails over the rest of clause 12 to the extent of any inconsistency.
12.2 To the maximum extent permitted by law, and subject to clause 12.1, NextCamp is not liable for:
- any loss of profit, revenue, bookings, goodwill, reputation, data or anticipated savings, or any indirect or consequential loss
- the acts, omissions or conduct of any Guest, including damage, non payment, misuse of the Site or injury caused by a Guest
- any loss arising from platform downtime, calendar synchronisation failure, third party payment provider failure, or events outside NextCamp’s reasonable control
- any decision to suspend, delist, reorder, deprioritise or decline to promote your listing
- any loss you could have avoided by holding the insurance required by clause 9
12.3 To the maximum extent permitted by law, and subject to clause 12.1, NextCamp’s aggregate liability to you for all claims in any 12 month period, however arising, is limited to the total commission NextCamp actually received from your Bookings in the 12 months before the first event giving rise to the claim, or AUD $500, whichever is greater.
12.4 Where liability cannot be excluded but can be limited, NextCamp’s liability is limited, at its option, to resupplying the relevant service or paying the cost of having it resupplied.
12.5 Each party must take reasonable steps to mitigate its loss. Neither party is liable for loss the other could reasonably have avoided.
13. Suspension and immediate action
13.1 NextCamp may suspend or hide your listing, cancel affected Bookings and withhold payouts immediately, without prior notice, where it reasonably believes there is a risk to Guest safety, an insurance lapse, a regulatory order affecting the Site, suspected fraud, or a legal requirement to act.
13.2 NextCamp will tell you the reason as soon as reasonably practicable and give you a reasonable opportunity to fix the issue. If you fix it to NextCamp’s reasonable satisfaction, your listing will be reinstated.
13.3 Suspension under this clause does not entitle you to compensation, and does not make NextCamp responsible for the Site or the matter that prompted the suspension.
13.4 Suspension is not termination. The notice periods in clause 14, and the 7 day notice period in clause 13.2 of the Platform Terms of Use, apply to termination of your account or listing. They do not apply to a temporary suspension under this clause, which exists so that safety and insurance issues can be acted on immediately. If the issue is resolved to NextCamp’s reasonable satisfaction, the listing is reinstated and no termination occurs.
14. Term and termination
14.1 These Terms apply from acceptance until terminated.
14.2 You may terminate at any time on 30 days written notice. You must honour all Bookings already confirmed for dates within that notice period and any Bookings already confirmed beyond it, or pay the amounts in clause 7.4.
14.3 NextCamp may terminate for convenience on 30 days written notice, or immediately on written notice if you commit a material breach that is not remediable, fail to remedy a remediable breach within 14 days of notice, become insolvent, or engage in conduct that in NextCamp’s reasonable opinion presents a serious safety, legal or reputational risk.
14.4 Clauses 6.3, 6.4, 9.1, 10, 11, 12, 15, 16 and 17 survive termination.
15. Changes to these Terms
15.1 NextCamp may vary these Terms by giving you at least 30 days written notice to your registered email address, setting out the change and its effect.
15.2 If a variation would be materially detrimental to you, you may terminate without penalty by written notice before the variation takes effect, and existing confirmed Bookings will be honoured under the previous Terms.
15.3 Continuing to list after the effective date is acceptance of the varied Terms.
15.4 NextCamp may vary commission rates only in accordance with clause 15.1 and 15.2.
16. Disputes
16.1 A party must not start court proceedings, other than for urgent interlocutory relief, until it has complied with this clause.
16.2 The complaining party must give written notice of the dispute. Senior representatives of both parties must meet, in person or by video, within 14 days and negotiate in good faith.
16.3 If unresolved after a further 21 days, either party may refer the dispute to mediation administered by the Australian Disputes Centre, with costs shared equally.
16.4 Disputes between you and a Guest are yours to resolve. NextCamp may provide records and act as an informal facilitator but is not an arbitrator and is not bound to intervene. The Dispute Resolution Policy sets out the platform process.
17. General
17.1 These Terms are governed by the laws of New South Wales. Each party submits to the non exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
17.2 Neither party is liable for failure to perform caused by a Force Majeure Event, being an event beyond its reasonable control including natural disaster, bushfire, flood, storm, pandemic, epidemic, government direction, road closure, industrial action affecting a third party, or failure of a public utility or telecommunications network. The affected party must notify the other promptly and use reasonable efforts to resume performance.
17.3 You must not assign these Terms without NextCamp’s written consent. NextCamp may assign or novate to a related body corporate or in connection with a sale of business.
17.4 If a term is found void, unenforceable or unfair, it is severed to the minimum extent necessary and the remaining terms continue in full force.
17.5 A failure or delay in exercising a right is not a waiver of that right.
17.6 Notices must be in writing and sent to the email address each party has registered. Notice is taken to be received at the time of transmission unless a delivery failure is received.
17.7 Document precedence. The NextCamp platform documents are these Terms and their Schedules, the Platform Terms of Use, the Guest Terms, the Guest Code of Conduct, the Dispute Resolution Policy and the Privacy Policy (together, the Platform Documents). If there is any inconsistency between Platform Documents, the following order applies, with the higher ranked prevailing to the extent of the inconsistency:
- the Privacy Policy, but only in relation to the collection, use, holding, disclosure and security of personal information
- these Terms, in relation to a Host and the operation of a Site
- the Guest Terms, in relation to a Guest and a Booking
- the Guest Code of Conduct, in relation to Guest conduct
- the Dispute Resolution Policy, in relation to the process for resolving a dispute, but not in relation to any substantive right, liability or entitlement to money
- the Platform Terms of Use, in relation to all other matters
17.8 Despite clause 17.7, no Platform Document operates to exclude, restrict or modify any right or remedy under the ACL, the Privacy Act 1988 (Cth) or any other law to the extent it cannot lawfully be excluded. A Platform Document that is silent on a matter is not inconsistent with another Platform Document that deals with it.
17.9 The Platform Documents are the entire agreement between the parties on this subject and supersede all prior representations and understandings.
A. Schedule A — Host insurance and compliance evidence
You must hold each item of evidence below, and keep it current, for the whole time your listing is live. NextCamp may request evidence of any item at any time, and you must provide it within five business days of a written request. Each entry states the evidence required and how often it must be renewed.
- Certificate of currency, public liability. Broadform public liability, minimum AUD $10 million per occurrence, Australian authorised insurer, Site address and short stay accommodation use shown on the certificate. Renewal: annually, or on policy change.
- Property or farm insurance. Insurer notified in writing of paid short stay accommodation use; insurer acknowledgement or endorsed schedule held as evidence. Renewal: annually.
- Workers compensation. Required only if you engage any worker at the Site. Certificate of currency. Renewal: annually.
- Land tenure evidence. Title search, lease, licence, or written owner consent permitting paid short stay camping or accommodation. Renewal: on change of tenure.
- Planning and council approval. Development consent, exempt development confirmation, primitive camping ground approval, caravan park licence, or written council confirmation that no approval is required. Renewal: on change of use or condition.
- Electrical compliance. Test and tag records under AS/NZS 3760, and for relocatable installations AS/NZS 3001, signed by a licensed electrician. Renewal: per standard interval, minimum annually.
- Gas compliance. Certificate of compliance from a licensed gasfitter for any gas installation. Renewal: per State requirement.
- Potable water. Test result, or a signed declaration that all outlets are labelled non potable. Renewal: annually.
- Pool or dam safety. Pool compliance certificate, or declaration and photographs of fencing and signage for dams, tanks and water bodies. Renewal: per State requirement.
- Bushfire management plan. Required where the Site is bushfire prone. Must show evacuation route, trigger points and shelter location. Renewal: annually before fire season.
- Emergency procedure. One page document with emergency contacts, nearest hospital, mobile coverage note and Site access description for emergency services. Renewal: annually.
- Food business notification. Required only if food is prepared or sold at the Site. Renewal: per council requirement.
- ABN and GST status. Valid ABN, with GST registration status confirmable against the Australian Business Register. Renewal: on any change, and on request.
- Bank account and identity. Australian bank account in the Host’s legal name, plus identity verification of the account holder or authorised signatory. Renewal: on change.
B. Schedule B — Host safety and conduct standards
These standards are contractual, not aspirational. Breach is a material breach under clause 14.3.
Site condition
- Access track suitability stated accurately, including whether a two wheel drive vehicle, caravan or camper trailer can reach the Site in wet conditions
- Site boundaries and pitch dimensions marked or clearly described
- Hazards fenced, covered, signed or removed, including dams, wells, cliffs, disused machinery and unstable structures
- Fire pits, where permitted, are contained and located clear of vegetation, with total fire ban conditions displayed
- Trees inspected for limb drop risk over pitches and access ways
- Adequate lighting or clear notice that the Site is unlit
Amenities
- Toilets and showers, where advertised, are cleaned between stays and comply with council sanitation requirements
- Greywater and blackwater disposed of lawfully, with dump point location stated if advertised
- Waste removal arranged, or a carry in carry out policy clearly stated on the listing
- Drinking water status stated at every outlet
- Power outlets, where advertised, are rated, tagged and protected by residual current devices
Guest handling
- Check in instructions sent at least 48 hours before arrival, including access codes, gate details, what3words or GPS coordinates and mobile coverage advice
- A contactable phone number monitored during the stay
- Site Rules published on the listing, not sprung on arrival
- No discrimination on any protected ground
- Surveillance devices disclosed, and never in bathrooms or sleeping areas
Response
- Serious incident reported to NextCamp within 24 hours
- Regulator notice, insurance lapse or claim reported within two business days
- Guest complaint acknowledged within 24 hours
- Cooperation with any NextCamp safety review
C. Schedule C — Onboarding acceptance and records
Your acceptance of these Terms is captured electronically at host onboarding. The acceptance record includes a timestamp and the version of the document you accepted, and is stored as the record of agreement. Re-acceptance is required where these Terms are varied under clause 15.
From acceptance, and for the whole time your listing is live, you must hold the following documents and keep them current:
- your ABN details and evidence of your entitlement to list the Site, as warranted under clause 3
- a current certificate of currency for public liability insurance of not less than AUD $10 million per occurrence, naming the Site address, as required by clause 9
- the safety and compliance items set out in Schedule B, supported by the evidence listed in Schedule A
You must provide any of these documents to NextCamp within five business days of a written request. NextCamp may suspend your listing under clause 13 until the requested documents are provided, or where the insurance required by clause 9 has lapsed.