Terms and 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™ 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.
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 state 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.
7. Damage, Theft, and Compliance
7.1 Guest Responsibility: By booking and staying in one of our eco-cabins, guests agree to take full responsibility for maintaining the condition of the cabin and any property within it during their stay.
7.2 Damage and Breakages: Guests will be held liable for any damage, breakages, or loss of property that occurs during their stay, whether caused intentionally or as a result of negligence. Guests must immediately report any damage or breakages to Stay Unique™.
7.3 Theft: Any items belonging to Stay Unique™ that are removed from the cabin or its premises without authorisation will be considered stolen. Stay Unique™ reserves the right to report such instances to law enforcement and to seek reimbursement for any missing items.
7.4 Violation of Booking Rules: Guests must adhere to all rules provided by Stay Unique™ at the time of booking and during their stay. Failure to follow these rules may result in penalties, including but not limited to early termination of the stay without refund.
7.5 Liability and Debit Authorisation: Stay Unique™ reserves the right to charge the payment card used for the booking to cover the costs of any damage, breakages, theft, or violations of booking rules, including any additional cleaning fees if the cabin is left in an excessively dirty state. By accepting these terms and conditions, guests authorise Stay Unique™ to debit their payment card for such costs as deemed necessary.
8. STAY UNIQUE™’S USE OF WEBSITE POLICY
Terms
By accessing the website at https://www.reveling.co, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Use Licence
a. Permission is granted to temporarily download one copy of the materials (information or software) on Stay Unique™’s website for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence, you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Stay Unique™’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror”; the materials on any other server.
b. This licence shall automatically terminate if you violate any of these restrictions and may be terminated by Stay Unique™ at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer
a. The materials on Stay Unique™’s website are provided on an ‘as is’ basis. Stay Unique™ makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
b. Further, Stay Unique™ does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall Stay Unique™ or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Stay Unique™’s website, even if Stay Unique™ or a Stay Unique™ authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of materials
The materials appearing on Stay Unique™’s website could include technical, typographical, or photographic errors. Stay Unique™ does not warrant that any of the materials on its website are accurate, complete or current. Stay Unique™ may make changes to the materials contained on its website at any time without notice. However, Stay Unique™ does not make any commitment to update the materials.
Modifications
Stay Unique™ may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of South Africa, and you irrevocably submit to the exclusive jurisdiction of the courts of South Africa.
9. PRIVACY & COOKIE POLICY
This policy sets out to explain how we obtain, use and disclose your personal information in accordance with the requirements of the Protection of Personal Information Act No. 4 of 2013 (“the Act”). At Stay Unique™ (including Stay Unique™ affiliates and associated businesses), we are committed to protecting your privacy and ensuring that your personal information is collected and used properly, lawfully and transparently.
The information we collect
We collect and process your personal information mainly to contact you for the purposes of understanding your requirements and delivering services accordingly. For this purpose, we will collect contact details such as your name, contact details and organisation. We collect information directly from you where you provide us with your personal details. Where possible, we will inform you what information you are required to provide to us and what information is optional. Website usage information may be collected using “cookies”, which allows us to collect standard internet visitor usage information.
How we use your information
We will use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary, your information may be retained for legal or research purposes. For example:
- to gather contact information;
- to confirm and verify your identity or to verify that you are an authorised user for security purposes;
- for the detection and prevention of fraud, crime, money laundering or any other malpractice;
- to conduct market or customer satisfaction research or for statistical analysis;
- for audit and record keeping purposes;
- in connection with any legal proceedings and/or requirements.
Disclosure of information
We may disclose your personal information to our service providers who are involved in the delivery of our products or services to you. We have agreements in place to ensure that such service providers comply with the privacy requirements as required by the Act. We may also disclose your information:
- where we have a duty or a right to disclose in terms of law or industry codes;
- where we believe it is necessary to protect our rights.
Information Security
We are legally obliged to provide adequate protection for the personal information we hold and to stop any unauthorized access and use of personal information. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your personal information remains secure. Our security policies and procedures cover:
- physical security;
- computer and network security;
- access to personal information;
- secure communications;
- security in contracting out activities or functions;
- retention and disposal of information;
- acceptable usage of personal information;
- governance and regulatory issues;
- monitoring access and usage of private information;
- investigating and reacting to security incidents.
When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for is kept secure. We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.
Your Rights: Access to information
You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers or addresses as provided on our website and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information. Please note that any such access request may be subject to a payment of a legally allowable fee.
Correction of your information
You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.
Definition of personal information
According to the Act ‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. This may include:
- All addresses including residential, postal and email addresses.
- Change of name – for which we require copies of the marriage certificate or official change of name document issued by the state department.
How to contact us
If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our website.
Stay Unique™ cookie policy
A cookie is a small piece of data sent from our website or application to your computer’s or device’s hard drive or Internet browser where it is saved. The cookie contains information to personalise your experience on our websites or applications and may improve your experience on the website or application. The cookie will also identify your device, like the computer or smartphone you use to access our website. By using our website, you agree that cookies may be forwarded from the relevant website to your computer or device. The cookie will enable us to know that you have visited the website or application before and will identify you. We may also use the cookie to prevent fraud and for analytics. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. This may prevent you from taking full advantage of the website.