1. Detailed description of services
Let’s Stay Accommodation Close Corporation (“Let’s Stay”) operates a holiday accommodation website.
2. Terms of Use
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Let’s Stay website located at the domain name www.letsstay.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute Content obtained at the Website.
For the purposes of this Agreements terms like “our”, “we” and/or “us” shall mean Let’s Stay.
3. Website Contents
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your enquiry and your reservation has been confirmed).
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this Website (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Let’s Stay.
This Website and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software.
4. Comments
We value the comments, ideas, suggestions and feedback disclosed, submitted or offered by you on, by or in connection with your use of the Website ("Comments"), but please note that Let’s Stay will not be obliged to respond to, maintain or compensate you in any way whatsoever for your Comments. Once disclosed, submitted or offered, your Comments shall become the property of Let’s Stay. Let’s Stay will thus exclusively own all such rights, title and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise, of any of the Comments.
You warrant that the Comments disclosed, submitted or offered by you to the Website do not and will not violate any right of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that will be or will contain any defamatory, unlawful, abusive or obscene material. Let’s Stay disclaims any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding the contents of your Comments.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Let’s Stay.
Let’s Stay does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant.
The User may not frame nor use framing technologies to enclose the Let’s Stay Website or the Content nor any part thereof without the express written consent of Let’s Stay.
Let’s Stay, their affiliates and/or subsidiaries reserve the right to refuse service, remove or edit content and/or accommodation listings on the Website.
5. Links to other Websites and services
This Website contains links to other websites that are not under the control of Let’s Stay. Let’s Stay has no responsibility for the linked websites nor does it necessarily endorse the linked websites. Let’s Stay provides the links solely for the convenience and information of its Website Users.
6. Liability
You expressly agree that use of the Website, specifically including any election by you to provide certain personal information to other Users of the Website, are entirely at your own risk. Neither Let’s Stay nor any of its agents or representatives shall be liable for any direct or indirect special, consequential or other damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and advertised through or on this Website or of any linked website, even if Let’s Stay is expressly advised thereof.
Furthermore, Let’s Stay makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website, its servers or email sent from Let’s Stay are free from viruses other harmful components, errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to Let’s Stay. Let’s Stay will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, punitive and consequential damages.
This Website is supplied on an "as is" and ‘as available’ basis and has not been compiled or supplied to meet the User's individual requirements. It is the sole responsibility of the User to satisfy itself prior to entering into this agreement with Let’s Stay that the service available from and through this Website will meet the User's individual requirements and be compatible with the User's hardware and/or software. Let’s Stay makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site. You expressly agree that your use of this site is at your sole risk.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Let’s Stay and Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
To the full extent applicable by law, Let’s Stay disclaims all representations and warranties, express or implied, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.
You agree to defend, indemnify and hold Let’s Stay harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website or inability to use any service sold by this Website. For the avoidance of doubt all services purchased through Let’s Stay are made pursuant to owners or operators of accommodation establishments and the risk of loss or damage is transferred from Let’s Stay to such owners and/or operators upon payment by the Website User of the quotation amount.
You furthermore agree that if you intend to complain, make a claim or take legal proceedings of any kind this action will be against Let’s Stay and no other involved party with the exception of the private courier.
7. Delivery Policy
Bookings will only be confirmed subject to receipt of 50% payment of the full rental amount and confirmed by way of email.
8. Cancellation and Refunds policy
The provision of goods and services by Let’s Stay is subject to availability. In cases of unavailability imposed by the accommodation supplier prior to the date of check-in, Let’s Stay will refund the client in full within 30 days.
Cancellations of bookings by the client will attract the following fees:
Cancellation within less than 7 days of the start date or during the let forfeits the full rental
Cancellation within 7-30 days of the start date forfeits the full rental deposit
Cancellation within 31-60 days of the start date forfeits 50% of the rental deposit
Cancellation within 61-90 days of the start date forfeits 25% of the rental deposit
Cancellation at any other time will cost 10% of the rental deposit to cover admin and bank/credit card charges
9. Customer Privacy Policy
Let’s Stay receives various types of information (“the Information”) from Users who access the Website. Let’s Stay makes every effort to protect any Information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Let’s Stay will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to Let’s Stay through the Internet, or that you expressly or implicitly authorise Let’s Stay to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and policies of Let’s Stay, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions.
Let’s Stay requires certain personal information to provide the services required to the User and the User may elect to provide certain personal information to other Users of the Website. Let’s Stay receives and stores all Information the User enters on the Website or gives to Let’s Stay, in any other way. The User may choose not to provide certain Information, but that may limit the services that the User may wish to obtain from Let’s Stay. Let’s Stay provides its services in conjunction with its affiliates and subsidiaries. The User information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into, is shared with those entities.
Let’s Stay do not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties. We do however reserve the right to disclose information regarding our members and usage of the Website to each other and, amongst others, business partners and affiliates, including, but not limited to, its advertisers, suppliers and other selected third parties. Let’s Stay may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court reservation, or as required by law.
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Let’s Stay uses this information to determine use of the Website, and to improve Content thereon. Let’s Stay assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Let’s Stay aspires to provide first-class service to its customers, which necessitates Let’s Stay providing information to the User regarding new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please contact the Let’s Stay Help Desk.
Let’s Stay understands that efficiency and customer care translates to good service. Let’s Stay may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Let’s Stay will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt-out from such surveys.
Let’s Stay may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.
Let’s Stay shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
10. Copyright and Intellectual Property
Let’s Stay provides certain information on the Website. Content currently or anticipated to be displayed at this Website is provided by Let’s Stay, its affiliates and/or subsidiary, or any other third party owners of such content (“the Content”). Users may download, view and print content from this Website for private and non-commercial use only and may not copy, distribute, show in public or create any derivative work from the Website unless properly licensed to do so by Let’s Stay. All content included on this site such as text, graphics, logos, buttons, icons, images, audio clips, digital downloads, data compilations and software is the property of Let’s Stay or its content suppliers. All further proprietary works, and the compilation of the proprietary works, are also copyright of Let’s Stay and all of the abovementioned is protected by South African and international copyright laws, to which you agree to adhere.
You agree that any Contents of whatsoever nature or description which you acquired or may acquire or which may come into your possession as a result of the use of this Website, shall remain the property of the Let’s Stay and you undertake not to use or copy such Contents for any purpose other than to place a reservation or to utilise the services rendered by Let’s Stay. The material on the website may not be used for any other reason.
Any Contents obtained by you from the Website shall be returned to Let’s Stay or deleted on request from Let’s Stay.
Let’s Stay reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice.
All rights in and to the Content is reserved and retained by Let’s Stay.
Let’s Stay cannot screen or edit all the content available from the Let’s Stay Website and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Let’s Stay of any content that may be offensive or illegal.
11. Payment options accepted
Payment may be made via Visa or MasterCard credit cards or by bank transfer into the Let’s Stay bank account, depending on the type of service package the owner of the rental property has opted for. Not all properties accept credit cards on bookings through the Let’s Stay website. Let’s Stay bank details will be provided on request.
Authority for payment must be given at the time of reservation. You will not pay anything extra when you pay by credit card.
We will accept online reservations placed by the authorised cardholder only. If you do not possess a suitable credit card you cannot reserve Let’s Stay products in your name. If a credit card belonging to a third party is to be used, the reservation must be placed and completed by the card holder.
If payments are made by direct deposit, such payment shall make provision for the bank charges arising from such a deposit and be made within 1 (one) day after acceptance of the provisions of a rental agreement.
12. Credit card acquiring and security
Where the owner of a rental property has opted for a service package including credit card facilities, credit card transactions will be acquired for Let’s Stay via Paybridge credit card gateway from Nightsbridge. Users may go to https://www.nightsbridge.co.za/bridge/security.html to view their security policy.
13. Merchant outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency shall be South African Rand (ZAR).
14. Responsibility
Let’s Stay takes responsibility for all aspects relating to the transaction including sale of services sold on this website, customer service, support and dispute resolution.
15. Governing Law and Country of domicile
Should you make use of any service through this Website, you hereby consent and submit to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by either party against the other, and in any way arising from the Terms or the use of the Website.
This Website is hosted, controlled and operated from the Republic of South Africa and therefore at all times governed by. South African Law and Let’s Stay chooses Flat 2, 177 Kloof Street, Gardens, 8001, Cape Town as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
16. General
If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from this Agreement and shall not affect the enforceability and validity of the remaining items of the Agreement.
This Agreement constitutes the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. Any indulgence of whatsoever nature granted by Let’s Stay shall not be construed as a waiver or variation of any of our rights or remedies.
Let’s Stay reserves the right to alter or withdraw any of its internet services, to refuse its services to any customer and to amend these conditions on written notice from Let’s Stay at any time. Let’s Stay will not be responsible for any breach of these conditions caused by circumstances beyond its control.
If Let’s Stay is informed of any inaccuracies in the material on its website or online payment service, it will attempt to correct the inaccuracies a soon as possible.
Let’s Stay shall not be liable to the User on any account whatsoever in the event that Let’s Stay is prevented from fulfilling its obligations hereunder due in whole or in part to an event or force of majeure which expression shall mean act of God, war, fire, flood, storm, power failure, reduction of power supplies, mechanical failure or lack or shortage of materials or stock or any other circumstances beyond its reasonable control; and whether or not within its control, strikes, lock-outs or industrial disputes in relation to Let’s Stay or any other party or any action taken by it in connection therewith or in consequence or the occurrence thereof. In such event Let’s Stay may at its option either suspend performance or cancel the contract in question or so much of it as remains unperformed without liability for any loss and without prejudice to Let’s Stay’s rights.
17. Variation
Let’s Stay reserves the rights to change, modify, add to or remove from portions or the whole of these Terms from time to time in its sole discretion and at any time without notice. Changes to these Terms will become effective upon such changes being posted to this Website. It is your responsibility to periodically check these Terms and should you continue to use the Website following the posting of changes or updates your use will be considered notice of your acceptance to abide by and be bound to these Terms including the changes/updates.
18. Company Information
This website is run by Let’s Stay Accommodation CC, based in South Africa, registration number 2009/140214/23.
In the event that you need to contact Let’s Stay for purposes related to these Terms and Conditions, please use the following:
Telephone: 021 422 4456
Fax: 021 422 4456
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
© Let’s Stay Accomodation 21 July 2009
The Let’s Stay Terms of Use were most recently updated on 11 December 2009