Terms and Conditions

Last Updated: May 22, 2025

Welcome to Stays@propertybasket! These Terms and Conditions (“Terms”) govern your access to and use of the Stays@propertybasket website and services, including all content, functionality, and services offered on or through www.staysatpropertybasket.co.za (the “Platform”).

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies or guidelines we may post on the Platform. If you do not agree to these Terms, you may not access or use the Platform.

1. Definitions

• Platform: Refers to the Stays@propertybasket website (www.staysatpropertybasket.co.za) and any related applications or services.
• Stays@propertybasket / We / Us / Our: Refers to Stays@propertybasket (Pty) Ltd., the operator of the Platform.
• User / You / Your: Refers to any person or entity accessing or using the Platform, whether as a Host or a Guest.
• Host: Refers to a property owner or manager who lists their property for accommodation on the Platform.
• Guest: Refers to an individual who books accommodation through the Platform.
• Listing: Refers to a property or accommodation unit advertised by a Host on the Platform.
• Booking: Refers to a confirmed reservation for accommodation made through the Platform.
• Content: Refers to all text, graphics, images, music, software, audio, video, information, or other materials available on the Platform.
• Service Fee: Refers to the fee charged by Stays@propertybasket to Guests and/or Hosts for the use of the Platform’s services.

2. Eligibility

By accessing or using the Platform, you represent and warrant that you are:

• At least 18 years old and have the legal capacity to enter into a binding contract.
• Able to comply with these Terms and all applicable laws and regulations.
• Not prohibited from using the Platform by any applicable law or court order.

3. Account Registration

• To access certain features of the Platform (e.g., listing a property, making a booking), you must register for an account.
• You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
• Stays@propertybasket reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, or violates these Terms.

4. Host Specific Terms

• Listing Properties:
  • Hosts are solely responsible for all Listings they post on the Platform.
  • Listings must be accurate, complete, and truthful, including descriptions, photos, pricing, availability, and house rules.
  • Hosts must ensure that their properties comply with all applicable local laws, regulations, and licensing requirements (e.g., zoning, health and safety, short-term rental permits).
  • Hosts must have all necessary rights and permissions to list their properties on the Platform.
• Pricing and Availability: Hosts are solely responsible for setting the prices and managing the availability of their Listings.
• Host Obligations:
  • Hosts agree to honor all confirmed bookings made through the Platform.
  • Hosts must maintain their properties in a safe, clean, and habitable condition.
  • Hosts are responsible for providing accurate check-in/check-out instructions and ensuring a smooth guest experience.
  • Hosts must communicate promptly and professionally with Guests.
• Payouts:
  • Stays@propertybasket will process payouts to Hosts for confirmed bookings, minus any applicable Service Fees and other deductions (e.g., taxes, refunds).
  • Payouts will be processed according to the payout schedule communicated by Stays@propertybasket.
  • Hosts are responsible for all taxes, levies, or other charges that may be applicable to their income from bookings.
• Insurance: Stays@propertybasket recommends that Hosts obtain appropriate insurance for their properties and any associated liabilities. Stays@propertybasket is not responsible for any damage, loss, or injury occurring at a listed property.

5. Guest Specific Terms

• Booking Properties:
  • Guests can search for and book Listings on the Platform.
  • All bookings are subject to the Host’s acceptance and the availability of the property.
  • By confirming a booking, Guests agree to pay the total booking amount, including the accommodation fee, Service Fee, and any applicable taxes or additional charges.
• Payment:
  • Payments are processed securely through our third-party payment processors.
  • Guests agree to provide accurate and valid payment information.
• Guest Obligations:
  • Guests agree to comply with all house rules set by the Host.
  • Guests are responsible for treating the property and its contents with care and respect.
  • Guests are liable for any damage they cause to the property during their stay.
  • Guests must check out by the agreed-upon time.
  • Guests must communicate promptly and professionally with Hosts.
• Cancellations and Refunds:
  • Cancellations are subject to the cancellation policy set by the Host for each Listing.
  • Refunds, if applicable, will be processed according to the cancellation policy and these Terms.
• Security Deposit: Some Hosts may require a security deposit. This will be clearly stated in the Listing. The security deposit will be refunded to the Guest within a reasonable time after check-out, provided there is no damage to the property.

6. Service Fees

• Stays@propertybasket charges Service Fees to Hosts and/or Guests for the use of its services.
• The applicable Service Fees will be displayed clearly before a booking is confirmed.
• Service Fees are non-refundable unless otherwise specified in our cancellation policies.
• Stays@propertybasket reserves the right to change its Service Fees at any time, but such changes will not affect bookings already confirmed.

7. Payments and Financial Transactions

• All payments made through the Platform will be processed by a third-party payment gateway.
• Stays@propertybasket does not store your full payment card details on its servers.
• You agree to abide by the terms and conditions of the relevant payment gateway.
• In the event of a chargeback or payment dispute, you agree to cooperate fully with Stays@propertybasket and the payment gateway.

8. Cancellations and Refunds

• Host Cancellation Policy: Each Host sets their own cancellation policy (e.g., Flexible, Moderate, Strict), which will be clearly displayed on the Listing page. Guests are responsible for reviewing and understanding the cancellation policy before booking.
• Guest Cancellations: If a Guest cancels a booking, refunds will be issued in accordance with the Host’s cancellation policy. Service Fees charged by Stays@propertybasket are generally non-refundable.
• Host Cancellations: If a Host cancels a confirmed booking, Stays@propertybasket will notify the Guest and provide assistance in finding alternative accommodation if possible. The Host may be subject to penalties, including a cancellation fee or a review impact.
• Extenuating Circumstances: In certain unforeseen and unavoidable circumstances (e.g., natural disasters, government travel restrictions), Stays@propertybasket may, at its sole discretion, issue full or partial refunds beyond the standard cancellation policy. This will be assessed on a case-by-case basis.

9. User Content

• You are solely responsible for any Content that you post, upload, publish, submit, or transmit to the Platform (“User Content”).
• By submitting User Content, you grant Stays@propertybasket a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content on the Platform and in connection with our services.
• You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Content and to grant the foregoing license to Stays@propertybasket.
• You agree not to post, upload, publish, submit, or transmit any User Content that:
  • is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • contains unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• Stays@propertybasket reserves the right to remove or disable access to any User Content at any time and without notice if we believe it violates these Terms or is otherwise objectionable.

10. Prohibited Activities

You agree not to do any of the following:

• Use the Platform for any unlawful purpose or in any way that violates any applicable local, provincial, national, or international law or regulation.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• “Stalk” or otherwise harass any other user of the Platform.
• Collect or store any personally identifiable information about other users from the Platform without their express permission.
• Use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission.
• Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure.
• Interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform.
• Bypass any measures we may use to prevent or restrict access to the Platform.
• Advertise or solicit any user to buy or sell any products or services not offered or listed on the Platform.
• Solicit or otherwise collect information about other users for commercial purposes.
• Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior.

11. Disclaimers

• No Endorsement: Stays@propertybasket does not endorse any Host, Guest, Listing, or any User Content. We do not inspect or verify the quality, safety, or legality of any Listings, nor the truth or accuracy of any Listing descriptions.
• Third-Party Services: The Platform may contain links to third-party websites or resources. You acknowledge and agree that Stays@propertybasket is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services available from such websites or resources.
• “As Is” Basis: The Platform and all Content are provided “as is,” without warranty of any kind, either express or implied. Stays@propertybasket disclaims all warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• No Guarantee: Stays@propertybasket does not guarantee that the Platform will be available at all times, uninterrupted, secure, or free from errors. We are not responsible for any delays, delivery failures, or other damage resulting from the use of the internet.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Stays@propertybasket, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Platform.
• Any conduct or content of any third party on the Platform.
• Any content obtained from the Platform.
• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Our total aggregate liability to you for any and all claims arising out of or relating to these Terms or your use of the Platform, regardless of the form of action, is limited to the amount of Service Fees paid by you to Stays@propertybasket in the twelve (12) months preceding the event giving rise to the liability, or ZAR 1,000.00, whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless Stays@propertybasket and its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to:

• Your access to or use of the Platform.
• Your User Content.
• Your violation of these Terms.
• Your violation of any rights of another (including, without limitation, any intellectual property rights or privacy rights).
• Your interaction with any Host or Guest.
• Your booking or hosting of a property.

14. Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.
• Informal Resolution: In the event of any dispute or claim arising out of or relating to these Terms or your use of the Platform, you agree to first attempt to resolve the dispute informally by contacting Stays@propertybasket’s customer support.
• Arbitration (Optional, but recommended for online platforms): Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the expedited rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall be held in Midrand, Gauteng, South Africa, and the language of the arbitration shall be English.
• Jurisdiction: Subject to the arbitration clause above, you agree to submit to the exclusive jurisdiction of the South African courts located in Midrand, Gauteng, for the resolution of any disputes.

15. Termination

• We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
• Upon termination, your right to use the Platform will immediately cease.
• If you wish to terminate your account, you may simply discontinue using the Platform or contact us to request account deletion.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any other policies or guidelines posted on the Platform, constitute the entire agreement between you and Stays@propertybasket regarding your use of the Platform.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Stays@propertybasket‘s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Stays@propertybasket‘s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Stays@propertybasket may assign or transfer these Terms, at its sole discretion, without restriction.
• Electronic Communications: By using the Platform, you agree to receive electronic communications from Stays@propertybasket.

17. Contact Us

If you have any questions about these Terms, please contact us at:

Email:stays@propertybasket.co.za

Address: 292 Surrey Ave, Gauteng, Johannesburg, 2194