Terms & Conditions
1. INTRODUCTION
1.1 Stay Unique (Pty) Ltd (“Stay Unique”) is a business in the leisure, travel, accommodation, and hospitality industry that facilitates short-term rentals and experiences.
1. 2 The terms and conditions set out herein below shall regulate the nature of the agreement between Stay Unique and Stay Unique customers (“Stay Unique Customers”). The terms and conditions contained herein are deemed to be a consumer agreement in terms of the Consumer Protection Act 2008 Act No 68 of 2008 (the “CPA”), which finds application throughout this agreement and as such, the terms and conditions need not be signed in order to find application.
2. BOOKINGS, PAYMENTS, AND CANCELLATION
2.1 BOOKINGS
2.1.1 All bookings are to be made via the online booking platform on Stay Unique’s website.
2.1.2 Stay Unique cannot guarantee that accommodation seen online, will be available by the time a booking and/or reservation is attempted. All bookings are subject to availability and take place on a ‘first-come-first serve’ basis.
2.1.3. Bookings shall only be guaranteed upon receipt of a confirmation email from Stay Unique.
2.1.4. Rescheduling of bookings must be done 7 days prior to arrival date, any late request(s) will not be honoured. In the event that a Stay Unique Customer fails to make use of their booking, the Stay Unique Customer will forfeit their payment.
2.1.5 Rescheduling of bookings may be subject to administration fees and price increases and/or decreases dependent on the location and date of reschedule. Any subsequent changes that result in a price increase must be settled in full before confirmation of such booking is guaranteed.
3. PAYMENT
3.1​ All payments are to be made via Stay Unique’s online payment platform and shall be subject to the terms and conditions of PayBridge (Pty) Ltd (“PayBridge”), the payment platform’s service provider.
3.2 PayBridge uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paybridge.co.za to view their security certificate and security policy.
3.3. Customer details will be stored by Stay Unique Pty (Ltd) separately from card details which are entered by the client on PayBridge’s secure site. For more detail on PayBridge refer to www.paybridge.co.za.
3.4 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is South African Rand (ZAR).
4. CANCELLATION
4.1 All cancellation requests for confirmed bookings are subject to the following provisions and section 17(3) and (4) of the CPA –
4.2 Confirmed bookings cancelled 30 days or more in advance of the arrival date shall be refunded in full;
4.3 Confirmed bookings cancelled between 30 – 14 days prior to the arrival date shall receive a 50% refund; alternatively, a cancellation penalty of 50% of the booking price shall be levied;
4.4 Confirmed bookings cancelled less than 14 days prior to the arrival date shall not be refunded; alternatively, a cancellation penalty of 100% of the booking price shall be levied;
4.5 All confirmed bookings must be cancelled in writing.
4.6 Should Stay Unique cancel a confirmed booking for any reason whatsoever, the Stay Unique Consumer shall be given the option to reschedule the booking, free of charge, or to be refunded in full.
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4.7 In the event of any cancellation or when funds need to be reversed back to a credit card, Stay Unique reserves the right to not refund the card transaction fees. This policy applies to all purchases and bookings made through our service.
5. EXEMPTION FROM AND DISCLAIMER OF LIABILITY
5.1 Sections 49 and 22 of the CPA that any notice and/or term indemnifying a supplier, in this case Stay Unique, must be drawn to the attention of the consumer, in this case the Stay Unique Customer. Therefore, the Stay Unique Customer is hereby notified that Stay Unique shall not accept liability for any losses and/or damages, whether direct or indirect, special or consequential, in the following circumstances –
5.2 Any death, injury or illness sustained or suffered by any person. For theft, loss or damage to any property, whether allegedly due to the negligence of Stay Unique, its officers, employees, agents, affiliates, and partners or arising from the use of any facilities supplied or made available by any of them.
5.3 Further to the above mentioned, the entry/access to and use of the cabin, its amenities and/or participation in and to any of the activities available on the premises and/or land on which Stay Unique’s property and/or cabins is situated, shall be at the own risk of the Stay Unique Customer. Stay Unique and/or its employees and/or agents and/or its successors in title shall not be liable for any damages, loss, theft, injury, accident or death suffered by any person, howsoever caused.
6. FIRE LIABILITY
6.1 Fire is a major environmental, human and livelihood threat. Anyone caught lighting, using or maintaining a fire or attempting to light, use or maintain a fire in areas other than those demarcated by Stay Unique will be in contravention of the National veld and Forest Fire Act 101 of 1998 and will be liable for fines as well as all costs incurred to extinguish the fire, including any legal costs.
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