Terms & Conditions

Terms and Conditions for Stayy

Welcome to Stayy, an online accommodation booking platform that allows users to search and book various types of accommodations in South Africa. The following terms and conditions (“Terms”) apply to your use of the Stayy website, mobile application, and related services (collectively, the “Service”).

By accessing or using the Service, you agree to be bound by these Terms, as well as Stayy’s Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you should not use the Service.

I. General Terms

1. Use of the Service

a. Eligibility: To use the Service, you must be at least 18 years old and have the legal capacity to enter into binding contracts. By using the Service, you represent and warrant that you meet these requirements.

b. Account Creation: To access certain features of the Service, you may be required to create an account and provide certain information about yourself. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify Stayy immediately of any unauthorized use of your account or any other breach of security.

c. Accuracy of Information: You agree to provide accurate, complete, and up-to-date information when using the Service, and to update such information as necessary to keep it accurate, complete, and up-to-date.

d. Prohibited Conduct: You agree not to use the Service for any illegal or unauthorized purpose, to interfere with or disrupt the Service or servers or networks connected to the Service, or to violate any applicable laws or regulations.

2. Intellectual Property

a. Stayy Ownership: The Service and all content and materials contained therein, including without limitation the Stayy logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Stayy Materials”), are the property of Stayy or its licensors and are protected by copyright, trademark, and other intellectual property laws.

b. Use of Stayy Materials: Subject to your compliance with these Terms, Stayy grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service and Stayy Materials solely for your personal, non-commercial use. You may not copy, modify, distribute, sell, or transfer any Stayy Materials without Stayy’s prior written consent.

c. User Content: You retain all rights in any content that you upload, post, or transmit through the Service (“User Content”), subject to Stayy’s right to use such User Content as necessary to provide the Service. By submitting User Content to the Service, you grant Stayy a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content in connection with the Service and Stayy’s business.

3. Disclaimer of Warranties

a. Stayy makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included therein. To the fullest extent permissible by applicable law, Stayy disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

b. Stayy does not warrant that the Service will be uninterrupted or error-free, or that defects will be corrected. Stayy does not warrant or make any representations regarding the use or the results of the use of the Service or any materials available on or through the Service in terms of their correctness.

II. Guests Terms

1. Booking

a. Booking Process: Guests can browse available accommodations on the Service and make a booking request by providing the necessary information, including dates of stay, number of guests, and payment information. Hosts may accept or decline the booking request, and the booking will be confirmed only upon the host’s acceptance.

b. Payment: Guests must pay the total amount of the booking fee upfront using the payment method provided by the Service. Payment may be processed securely through third-party payment processors.

c. Cancellation Policy: The cancellation policy for each accommodation may vary, and guests should review the cancellation policy before booking. If a guest cancels a booking, the cancellation policy in effect at the time of booking will apply.

2. Use of Accommodation

a. Rules and Guidelines: Guests must comply with any rules or guidelines provided by the host regarding the use of the accommodation, including but not limited to noise restrictions, smoking policies, and any other house rules.

b. Condition of Accommodation: Guests are responsible for leaving the accommodation in the same condition as they found it, subject to reasonable wear and tear. Guests are liable for any damage caused to the accommodation or its contents during their stay.

c. Safety and Security: Guests must take reasonable precautions to ensure their safety and security while using the accommodation, and must report any safety concerns or incidents to the host and Stayy immediately.

3. Ratings and Reviews

a. Feedback: Guests may provide feedback and ratings regarding their stay and the accommodation, which may be visible to other users of the Service.

b. Accuracy of Feedback: Guests agree to provide accurate and truthful feedback, and may not provide false or misleading information.

c. Moderation: Stayy reserves the right to moderate feedback and ratings, and to remove or modify any feedback or ratings that violate these Terms or Stayy’s policies.

4. Liability

a. Limitation of Liability: Stayy is not responsible for any loss, damage, injury, or other harm arising from the use of the accommodation or the Service. Stayy’s liability is limited to the amount of the booking fee paid by the guest.

b. Indemnification: Guests agree to indemnify and hold Stayy and its affiliates, officers, directors, employees, and agents harmless from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from their use of the Service or the accommodation.

5. Disputes

a. Resolution: Any disputes between guests and hosts regarding the accommodation or the Service should be resolved directly between the parties. Stayy may provide dispute resolution assistance if requested, but is not obligated to do so.

b. Jurisdiction: These Terms are governed by the laws of South Africa, and any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of South Africa.

c. Class Action Waiver: Guests agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

III. Host Terms

1. Listing and Booking

a. Listing Process: Hosts may create a listing for their accommodation on the Service by providing the necessary information, including descriptions, photos, availability, and pricing. Hosts must comply with all applicable laws and regulations related to their listing.

b. Booking Requests: Hosts may receive booking requests from guests, and may accept or decline the requests at their discretion. Once a booking is confirmed, the host must provide the guest with access to the accommodation as agreed upon.

c. Cancellation Policy: Hosts must specify a cancellation policy for their listing, which will be visible to guests before they book. If a host cancels a booking, they must comply with the cancellation policy in effect at the time of booking.

2. Use of Accommodation

a. Rules and Guidelines: Hosts may provide rules or guidelines for the use of their accommodation, which guests must comply with during their stay.

b. Condition of Accommodation: Hosts must provide the accommodation in a clean and safe condition, and must maintain it in a reasonably good condition during the guest’s stay. Hosts are responsible for any damage caused by themselves or their guests.

c. Safety and Security: Hosts must take reasonable precautions to ensure the safety and security of their guests, and must promptly address any safety concerns or incidents reported by guests.

3. Payment

a. Host Fees: Stayy charges hosts a fee (10% Commision) for each booking made through the Service, which will be deducted from the booking fee paid by the guest. Hosts agree to pay Stayy’s fee in exchange for the use of the Service.

b. Payment Processing: Payment for each booking will be processed through third-party payment processors, and hosts must provide accurate and complete payment information.

c. Refunds: Hosts may be responsible for issuing refunds to guests in accordance with the cancellation policy in effect at the time of booking.

4. Ratings and Reviews

a. Feedback: Guests may provide feedback and ratings regarding their stay and the accommodation, which may be visible to other users of the Service.

b. Accuracy of Feedback: Hosts agree to provide accurate and truthful information regarding their accommodation, and may not provide false or misleading information.

c. Moderation: Stayy reserves the right to moderate feedback and ratings, and to remove or modify any feedback or ratings that violate these Terms or Stayy’s policies.

5. Liability

a. Limitation of Liability: Stayy is not responsible for any loss, damage, injury, or other harm arising from the use of the accommodation or the Service. Hosts are responsible for their own conduct and the conduct of their guests.

b. Indemnification: Hosts agree to indemnify and hold Stayy and its affiliates, officers, directors, employees, and agents harmless from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from their use of the Service or the accommodation.

6. Disputes

a. Resolution: Any disputes between hosts and guests regarding the accommodation or the Service should be resolved directly between the parties. Stayy may provide dispute resolution assistance if requested, but is not obligated to do so.

b. Jurisdiction: These Terms are governed by the laws of South Africa, and any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of South Africa.

c. Class Action Waiver: Hosts agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

7. Conclusion:

In conclusion, the terms and conditions outlined above are meant to govern your use of the Stayy platform. Please read them carefully before using the platform. By accessing or using the platform, you agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions, then you are not permitted to use the platform.

a. Termination of Service: Stayy may terminate or suspend your access to the platform at any time, without notice, for any reason. If you wish to terminate your account, you may do so by following the instructions on the platform.

b. Entire Agreement: These terms and conditions constitute the entire agreement between you and Stayy with respect to the use of the platform and supersede all prior or contemporaneous agreements or understandings, whether written or oral.

c. Severability and Waiver: If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. If Stayy fails to enforce any right or provision of these terms and conditions, it shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Stayy in writing.

d. Assignment and Delegation: Stayy may assign or delegate these terms and conditions, in whole or in part, at any time without notice to you. You may not assign or delegate any of your rights or obligations under these terms and conditions without the prior written consent of Stayy.

Please email info@stayy.co.za with any enquiries.