AFRISTAY – TERMS OF SERVICE
Please note: Afristay does not provide the quotation information. This is provided by the establishment and forms the basis of the agreement between you and establishment. If you are quoted incorrectly by an establishment the establishment should be responsible for any shortfall between any quotation and the actual price of any accommodation. Afristay will not be held responsible for any incorrect quotations.
The terms and conditions contained herein (“this Agreement”) shall govern the relationship between you (”User” or “You”) and Afristay (Pty) Ltd.
Afristay provides an online platform (“the Services”) that allows Users seeking to rent accommodation (“Guests”) to search for and engage with various parties who wish to make rental accommodation available (“Hosts”), with the Services being accessible via https://www.afristay.com (“this Website”) or through any third party website which Afristay may, at its sole and absolute discretion, elect to utilise from time to time.
Use of or access to either this Website in general or the Services in particular will at all times be governed by the provisions of this Agreement, with such use or access being deemed to constitute full acceptance of the terms and conditions contained within this Agreement.
Use of this Website and/or the Services is done at the sole risk of the User.
The Services offered by Afristay seek to facilitate the listing by Hosts and the subsequent rental and payment by Guests of residential properties ("the Accommodation") for use as temporary and/or vacation housing, with Afristay acting as an intermediary between the Guest and Host.
The Accommodation forms the subject of listings posted on this Website by Hosts. You may view listings as an unregistered visitor to this Website, however should you wish to proceed with the booking of the Accommodation as a Guest or wish to create a listing as a Host you are required to register an account with Afristay (“Afristay Account”).
Registration for Services
Registration of an Afristay Account is required by Guests attempting to book Accommodation and for Hosts to create Accommodation listings.
In addition to direct registration of an Afristay Account through this Website, Guests and Hosts are able to register Afristay Accounts with their personal accounts on select third party Social Networking Websites (“SNW”), including but not limited to http://www.facebook.com.
This Website allows Guests and Hosts to register an Afristay Account and link their personal SNW accounts with their Afristay Accounts by:
providing your SNW account login information to Afristay; and,
allowing Afristay to access your SNW account, such access being limited to the extent permitted under the applicable terms and conditions of use for the SNW account.
You hereby warrant that you are authorised and/or entitled to disclose the aforementioned SNW account details to Afristay and expressly authorise Afristay to gain access and make reasonable use of your SNW account, together with any and all content acquired through such access and as may be necessary to create your Afristay Account and provide the Services.
You hereby acknowledge that in granting access to your SNW account Afristay may access, make available and store (to the extent necessary) any and all content that you have provided to and stored with the SNW (“SNW Content”) and additionally that Afristay may make the SNW Content available on this Website during the course of providing the Services.
Save for any provisions to the contrary contained within this Agreement and subject to the terms and conditions of use of the SNW in question, personally identifiable information that you post or otherwise make available on your SNW account may be made available on and through your Afristay Account and on this Website
In the event that a linked SNW account or associated service linked to your Afristay Account as detailed above becomes unavailable, or where Afristay’s access to such a SNW account is terminated by the SNW, then your SNW Content will no longer be available on this Website or in your Afristay Account.
You will be able to disable the connection between your Afristay Account and your SNW account at any time, although Afristay accepts no liability for any damage or loss which may arise from such SNW Content as may be available on either your Afristay Account or this Website after the connection has been disabled.
Following the registration of your Afristay Account as detailed above, Afristay will create your Afristay Account, including an Afristay Account profile page, which will allow you to make use of the Services.
In registering an Afristay Account you undertake to:
Have no more than one (1) active Afristay Account;
provide accurate, current and complete information, which may include customer billing information, during the registration process and to update such information as the need arises;
safeguard your Afristay Account login details and to immediately notify Afristay of any breach of security, whether real or perceived, as soon as reasonably possible.
Listing and Hosts General Obligations
Hosts are able to create listings through the Services and will be required to provide the following in order to post a listing on this Website:
a valid physical address of the Accommodation;
the capacity of the Accommodation;
an inventory of furnishing and facilities available at the Accommodation;
the availability of the Accommodation for occupation by Guests;
pricing and financial terms; and,
any additional rules and requests specified by the Host and attaching to use of the Accommodation by Guests.
All listings are made publicly available on this Website and may be made available on certain third party websites that Afristay may elect to utilise for the purpose of marketing from time to time.
Once an offer has been accepted by a Guest, a Host will be unable to change the pricing or availability of the Accommodation.
Afristay will make certain tools available to Hosts to enable them to make informed decisions about which Guests may wish to confirm for bookings of the Accommodation, however Hosts are solely responsible for their acts and omissions and expressly accept all liability and responsibility in respect of the acts and omissions of any Guest or third parties present by invitation of the Guest who may reside at or otherwise be present at the Accommodation.
Afristay recommends that Hosts obtain appropriate insurance cover for the Accommodation. Please review any insurance policy that you may have for the Accommodation carefully, having particular regard to any exclusions to, and any deductibles that may form part of, such an insurance policy, including, but not limited to, whether or not the insurance policy covers the actions or inactions of Guests (and any individuals the Guests may invite to the Accommodation, if applicable).
In creating a listing, Hosts warrant that:
they are not in breach of any agreements which may have been entered into between them and any third parties which prohibit the listing of the Accommodation with Afristay;
they are in compliance with all applicable laws, rules and regulations and ordnances which may apply to the Accommodation forming the subject of a listing, including but not limited to zoning laws and laws governing the rental of residential properties;
they would not conflict or otherwise impact upon the rights of third parties.
The Host acknowledges that whilst Afristay does not currently charge fees for the creation of listings, Afristay reserves the right, the exercise of which remaining in its sole discretion, to charge Hosts and collect fees for the creation of listings. Afristay undertakes to provide reasonable notice to all Hosts with Afristay Accounts prior to the implementation of a fee-based listing scheme.
The Host is solely responsible for fulfilling any obligations arising from the successful booking by a Guest of the Accommodation. The Guest accordingly enters into an agreement with the Host and agrees to accept any terms, conditions, rules and restrictions associated with the Accommodation as imposed by the Host.
The host acknowledges that in the event of a guest’s payment being fraudulent, Afristay’s responsibility is limited to the forfeiture of any commission it may have earned.
A fraudulent transaction could be a fraudulent credit card payment, fraudulent bank deposit, fraudulent proof of payment or in the event of a guest’s payment being reversed for any reason by the bank or any other agency.
The host is then responsible for the repayment of any payment you may have received in respect of the booking, irrespective of the Applicable Cancellation Policy for that booking.
This amount should be refunded to Afristay immediately on notification by us to you that the payment will be or has been reversed from our bank account.
The host is responsible for updating and verifying their bank details on Afristay.
If a host’s bank details change, it is their responsibility to update it on Afristay.
Afristay will not be held liable for funds being paid into the incorrect bank account.
Booking the Accommodation
In the event of a booking request for a Host’s listed Accommodation being made by a Guest, the Host will be required to either confirm or reject the booking within a specified time period (typically 36 hours) of such request, failing which Afristay will automatically terminate the request.
In the event of a booking request being made through this Website, Afristay will provide the Host of the listed Accommodation with:
the first and last names of the Guest who requested the booking;
a link to the Guest's Afristay Account profile page;
where available, the names of the Guests “friends” as reflected on any SNW account which has been linked to the Guests Afristay Account; and,
confirmation that the name provided by the Guest upon creation of their Afristay Account corresponds with the name reflected on any linked SNW account.
Failure to confirm a booking request or a rejection of a booking request by the Host, as contemplated above and notwithstanding any other term in this Agreement to the contrary, will result in any amounts paid to Afristay by the Guest in contemplation of confirmation of the booking being refunded to the Guest.
Upon confirmation of a booking request by a Host, Afristay will notify the Guest by means of e-mail, text message or by means of a related application of such confirmation.
Additionally, Afristay will provide the Guest with an e-mail notification which shall, to the greatest extent possible in terms of this Agreement, serve as confirmation of the booking of the Accommodation and will serve as an invoice in respect of the rental amount stipulated by the Host for use of the Accommodation (“Accommodation Fees”) together with Service Fees as defined below, all applicable taxes and any other related expenses due by the Guest and payable to Afristay (collectively “the Total Fee”).
Upon confirmation of a request for booking, payment of the Total Fee shall become immediately due, owing and payable to Afristay by one of several methods made available on this Website, namely payment by Electronic Funds Transfer (“EFT”), PayPal or credit card. Failure to make payment as envisaged above shall constitute a breach of this Agreement, with Afristay reserving the right to institute a claim for the collection of such damages or loss sustained as a consequence of the breach.
Guests hereby authorise Afristay, either directly or indirectly via a third party online payment processor, to:
obtain a pre-authorisation via the Guest’s credit card for the Total Fees; and/or,
charge a nominal amount to the Guest’s credit card, with the nominal amount not exceeding ten South Africa rand (ZAR10), or one dollar ($1), or a similar sum in the currency in which the Guest is transacting to verify the Guest’s credit card.
Once Afristay receives confirmation of a booking request from the Host, Afristay will proceed to collect the Total Fees owed to it in accordance with this Agreement and the Accommodation Fees set forth in the listing.
Afristay is unable to control the levying of additional fees by a Guest’s bank in relation to Afristay's collection of the Total Fees, and Afristay accordingly disclaims all liability in this regard.
Appointment of Payment Agent
The Host hereby expressly agrees that any payments made by a Guest to Afristay shall be treated as a payment made directly to the Host, with the Host undertaking to make the Accommodation available to Guest in the agreed upon manner.
The Host agrees that Afristay may, in accordance with the cancellation policy selected by the Host and as reflected in the relevant listing:
permit the Guest to cancel the booking; and,
refund to the Guest the portion of the Accommodation fees specified in the applicable cancellation policy.
A Host may elect to impose additional charges such as refundable breakage deposits, cleaning fees, late check-out fees (“Security Deposit”) that Guests will be required to pay prior to occupation of the Accommodation.
A Security Deposit stipulated by a Host in a listing will not be included in the calculation of the Host Fee.
Notwithstanding anything to the contrary contained within this Agreement, any Security Deposit stipulated by the Host must be paid directly to the Host by the Guest, with the Host being required to make any and all arrangements regarding the collection, administration and repayment of the Security Deposit.
The Host hereby expressly indemnifies Afristay against any and all claims or liability to Guests or third parties in respect to damage or loss arising from the payment, administration or repayment of Security Deposits by the Guest to the Host and vice versa.
In consideration for the provision of the Services Afristay, levies an all-inclusive fee to the host ("Service Fees"). For bookings placed after December 2 2014, no guest service fee's will be applied.
The Service Fees charged by Afristay are made up of Host fees calculated as a percentage of the Accommodation Fee stipulated by Hosts and as listed on this Website. If a booking or enquiry originates from afristay.com, but the guest books directly with the host, the booking commission will still be due and payable to Afristay from the host;
Upon confirmation of a booking Afristay will finalise all Service Fees, the applicable taxes and any further deductions to which it is entitled. After collection of payment and deduction of all service fee’s, Afristay will then make payment to the host for the remaining balance for the accommodation, in accordance with the selected host-payout terms, as published here:
http://afristay.freshdesk.com/support/solutions/articles/1000015723. These may be subject to change.
Service fee’s are typically non-refundable. Except in the event that a host cancels a guests reservation.
Balances will be remitted by Afristay to the Host via EFT, direct deposit, cheque, or PayPal, with the determination of the manner of payment being within Afristay’s sole discretion.
In the event that payment to the Host is to be made in any currency other than South African Rands (“ZAR”), Afristay reserves the right to deduct reasonable currency processing costs, such costs being subject to market volatility.
Additional information on Services Fees in general and Service Fee percentages is available at http://afristay.freshdesk.com.
Cancellation of Accommodation
Should a Guest request the cancellation of Accommodation prior to acceptance of the offer by the Host, Afristay will cancel any pre-authorised payment charged to the Guest’s credit card and/or reverse such payments as may have been received to Afristay from the Guest in connection with a booking as soon as commercially practicable.
In the event of a Guest wishing to cancel a confirmed booking prior to arrival at or occupation of the Accommodation, the cancellation policy indicated by the Host in the listing will apply.
Afristay’s ability to refund amounts paid by Guests after acceptance of offer for Accommodation by a Host and either prior to or during occupation of the Accommodation is entirely dependent on the terms of the Host’s cancellation policy as indicated in the listing.
In the event of a Host cancelling a confirmed booking made on this Website, Afristay will:
make full remittance of such amounts as it may have received from the Guest;
as soon as reasonably possible communicate the Hosts cancellation of the confirmed booking to the Guest;
where possible, attempt to locate alternative Accommodation for the Guest, with such alternative Accommodation being subject to availability and the willingness of the Guest to accept;
The party requesting cancellation of an offer hereby consents to the deduction of a reasonable administration fee (typically up to 15% of the booking value) together with any and all costs related to the remittance of amounts paid by the Guest to Afristay in anticipation of taking occupation of the Accommodation.
This Website provides a feature whereby Guests are able to view Accommodation Fees in respect of various listings in foreign currencies.
Any Accommodation Fees as represented in foreign currencies, being currencies other than ZAR, are provided solely for informational purposes and do not necessarily reflected the final Accommodation Fees payable in respect of a listing.
In the event of a Guest making use of this service when requesting a booking, any change in the Accommodation Fee owing to changes in the applicable exchange rate will be brought to the attention of the Guest.
Afristay reserves the right to elect the currency in which payment of the Accommodation Fee will be made, based on the payment method to be used and the location of the Accommodation in the listing which the Guest seeks to book.
In the event of a booking in a currency other than ZAR, Afristay reserves the right to charge a reasonable currency conversion fee, such fees being calculated at the prevailing applicable exchange rate at the date and time at which the booking is confirmed.
Guests hereby acknowledge that the applicable exchange rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs given that:
whilst Afristay updates the applicable exchange rate on a regular basis, it does not update such rate on a real-time basis; and,
the applicable exchange rate may include an incremental cost or margin that is not included in the applicable market rate.
For the avoidance of doubt, Afristay will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Afristay makes payment of the Accommodation Fee to a Host.
Damage to the Accommodation
The Guest is responsible for returning the Accommodation to the Host in the condition in which it was received.
The Accommodation will be subject to an entrance and exit inventory process, with such process to be agreed up and facilitated by the Guest and the Host.
Guests are responsible for both their acts and omissions and the acts and omissions of any individuals present at the Accommodation at the Guests invitation, or such third parties which the Guests may provide with access to the Accommodation during the duration of the booking.
In the event of a Host claiming to have suffered loss or damage as a consequence of the acts or omissions of the aforesaid parties, and where the Host is able to provide reasonable evidence of such damage or loss, the Guest hereby agrees to pay the reasonable cost of replacing or repairing either the Accommodation or the contents thereof.
A Guest notified of a claim by a Host will be given forty eight (48) hours within which to respond to the Host’s claims, failing which the Host will be entitled to make reasonable charges to the Guest for the replacement or repair of damage or loss sustained to the Accommodation or the contents thereof.
See full travel voucher terms here
Should you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who has:
engaged in offensive, violent or sexually inappropriate behaviour;
you suspect, stolen property which belongs to you; or,
engaged in any other disturbing conduct;
you should immediately report the person to the appropriate authorities and then to Afristay by contacting us https://www.afristay.com/contact, including a full description of the offending conduct and any supporting documents, such as a copy of the docket opened by the appropriate authorities.
Whilst Afristay treats all reports of misconduct by Guests or Hosts seriously, we are under no general obligation to take action against the party forming the subject of a complaint, save for where action by Afristay is mandated by applicable laws.
You hereby unconditionally and irrevocably indemnify and hold Afristay harmless against any and all loss, damages, claims, liability and/or costs, of whatsoever nature and howsoever arising, suffered by Afristay as consequence of any claim instituted against it by a third party as a result of:
your access to or use of this Website, any software, services, products, features or facilities offered on this Website in a manner other than as allowed or prescribed;
any other cause whatsoever relating to your access to or use of this Website, any software, products, services, features or facilities offered on this Website where you have acted wrongfully or failed to act when you had a duty to so act;
any infringement by you of the intellectual property rights of any third party;
your interaction with any Guest or Host in connection with:
the booking of an Accommodation;
payments made in contemplation of or in accordance with bookings;
the creation of a listing; and,
the use, rental or occupation of an Accommodation;
with such indemnification including, but not being limited to injury, loss, or damages (either direct, incidental, consequential or otherwise) of any kind arising in connection with the above.
For the purposes of this section:
“consumer” means any natural person (not a company, CC, trust etc) who enters or intends entering into an electronic transaction with this Website as the end-user of the goods or services offered by this site
“ECT Act” means the Electronic Communications & Transactions Act 25 of 2002 Consumer rights in respect of online transactions are set out in Chapter 7 of the ECT Act. A copy of the Act is available here. http://www.internet.org.za/ect_act.html
Under section 42(1)(d) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply in respect of services which began with the consumer’s consent before the end of the seven-day period referred to in section 44(1).
Under section 42(1)(f) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply in respect of goods which by reason of their nature cannot be returned.
The cooling-off period therefore does not apply in respect of the Services.
Under sections 43(1) and (2) of the ECT Act Afristay is required to disclose the information and procedures set out in these sections in respect of electronic transactions. In the event that a consumer proves that Afristay has not set out the information and procedures as required then the consumer has the right to cancel the transaction within 14 days of receiving the relevant goods or services under the transaction
Where a transaction has been so cancelled then
The consumer must return the performance of the supplier and/or immediately cease using the services performed; and
The supplier must refund all payments made by the consumer less the direct cost of returning the goods, if any.
Under section 43(5) of the ECT Act the supplier must utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned.
This Website does not use or store user credit card information. At no stage is credit card information supplied to Afristay stored together with user personal information.
Under section 43(6) of the ECT Act the supplier will be liable for any damage suffered by a consumer as a result of the failure to comply with section 43(5).
Whilst Afristay takes all reasonable security precautions and is subject to the provisions of the ECT Act as set in this Agreement, no liability will arise from damage caused by the malicious use of this Website or by destructive data or code that is passed on to the You through the use of this site.
The following acts in connection with this Website are expressly prohibited:
Gaining or attempting to gain unauthorised access to any web page or part of this Website;
Delivering or attempting to deliver any unauthorised or malicious code or content to this Website; and/or,
Any amendment to or attempt to amend any of the content or any other part of this Website by unauthorised persons; and/or
Any other unlawful interference with the proper operation of this Website.
Afristay reserves the right to pursue the prosecution of and/or compensation from any person or group or persons that delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorised access to any page on or part of this Website.
Copyright and Intellectual Property
Copyright in all information, images, source codes and other original material contained in this Website, save for where such content is expressly attributed to a third party, shall be deemed to be held by or be licensed to Afristay for such reasonable use as Afristay sees fit.
Unless otherwise indicated, parties wishing to utilise content for their own personal or commercial purposes may only do so with Afristay’s prior written permission.
Any use of the content or any other part of this Website must be clearly accompanied by the following: “©Afristay [insert year in which content is copied]. All rights reserved.” or with any such terms as may be provided by Afristay in its written acceptance of a request for use by a User.
81. If you believe that this site in any way infringes a third party copyright or other intellectual property right, you may contact Afristay at: https://www.afristay.com/contact, specifying the full details of the alleged infringement.
Privacy and Confidentiality
Afristay collects only the personal information required by law or as is necessary for the provision of the Services and uses it only for the purpose for which it is required.
Afristay will not sell or give your personal information to anyone. Afristay will not attempt to obtain your permission to do so by deceptive means.
User information will only be released to a third party by Afristay where this is required by law and enforced by court process.
If personal information is not needed anymore, Afristay will delete any such information held.
Afristay neither stores nor retains credit card information.
Afristay seeks to be a child-friendly service: the privacy and well-being of children being dear to us. Afristay requires users to be aware of exposing children to inappropriate content when browsing the Internet and accessing this Website.
Advertising and sponsorship
This Website may contain third party advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Website complies with all applicable laws and regulations.
Afristay accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
Afristay is not an owner nor the operation of the Accommodation forming the subject of the Services, nor is it a provider of properties. Afristay does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties or transportation.
Afristay's obligations are limited to:
facilitating the availability of the Accommodation; and,
serving as the limited agent of the Host for the purpose of accepting payments from Guests on behalf of the Host.
Afristay does not act as an insurer or as a contracting agent for Hosts. In the event of a Guest requesting a booking of the Accommodation forming the subject of a listing posted by a Host, and where the Guest stays at the Accommodation, any agreement entered into by and between such Guest and the Host is between such parties exclusively.
Notwithstanding the generality of the above, Afristay serves as the limited authorised agent of the Host for the purpose of accepting payments from Guests on behalf of the Host and Afristay is responsible only for transmitting such payments to the Host.
This Website, including text, images, links, downloads and coding, is provided "as is" and "as available". Afristay makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either this Website or the information contained therein.
Subject to Chapter 7 of the ECT Act, Afristay, its officers, employees, suppliers, resellers, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this website.
Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, Afristay disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this Website in any manner.
Afristay has no control over third party content and features which may be accessed through the use of this Website and does not examine or edit such content and features or act as an agent for third parties accessible through this Website. As such and to the fullest possible extent permissible under law, Afristay disclaims any liability whatsoever for any loss or damage arising from the use of third party websites contents and features.
Interception and Monitoring
Subject to the Regulation of Interception of Communications and Provision of Communication-related Information Act of 2000, Afristay monitors its network for the purpose of optimising and securing the Services and this Website. In doing this, anonymised information is utilised.
To the full extent necessary under law you hereby acknowledges that you are aware of such potential monitoring and/or interception and consents thereto
Termination of this Agreement
Afristay reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of the Services and/or additionally to terminate access rights to your Afristay Account where, for example and without limitation:
Afristay regards your action or inaction to constitute abuse of this Agreement;
Events beyond Afristay’s reasonable control, including technical failures, prevent the continuing provision of the Services.
In the event of Afristay terminating your Afristay Account, this Agreement or access to this Website, you will remain liable for all amounts due to Afristay in terms of this Agreement.
You may cancel your Afristay Account at any time via the "Cancel Account" feature present on this Website or by contacting us at https://www.afristay.com/contact.
In the event of a termination as contemplated above, Afristay will endeavour to but be under no general obligation to delete or return to you any content, including SNW Content, which may have been generated, posted to or stored on this Website.
Jurisdiction and Costs
You hereby consent to the jurisdiction of the Magistrates’ Court having jurisdiction in terms of Section 28 of the Magistrate’s Court Act, as amended, in respect of any dispute flowing from the use of the Services or otherwise from the operation of this Agreement, notwithstanding the fact that the amount of the claim may exceed the jurisdiction of such Court.
You hereby agree that you will be liable for the legal costs, including tracing fees, on the scale as between attorney and client in respect of any legal proceedings or claim for damages commenced by Afristay as a result of any breach of these terms and conditions.
Amendment of the terms and conditions of this Agreement
Due to legal developments or commercial considerations Afristay may be required or may elect to amend this Agreement without notice. Please refer to the date of last of revision at the foot of this Agreement.
Enforceability of this Agreement
In the event of any part of this Agreement being found to be partially or fully unenforceable, for whatever reason, such unenforceability shall not affect the application or enforceability of the remainder of this Agreement.
This Agreement contains the record of the entire agreement between you and Afristay in respect of the use of this Website and the Services as more fully defined above.
Failure to enforce any provision of this Agreement shall not be deemed to constitute a waiver of such provision nor of the right by Afristay to enforce such provision.
Date of Last Review: 13 June 2019