These terms and conditions make up the agreement between us and you, the client, in relation to any accommodation booking made on your behalf using the StayUnlimited.com Service. Please note that certain terms are defined at the end of this document.
1. Appointment of StayUnlimited.com as Booking Agent
By using StayUnlimited.com and by sending us a filled in Enquiry Form, you as the client appoint us as your agent for the purpose of making Bookings on your behalf. Where we make a Booking for you, a legal contract for the provision of the accommodation/services will be formed between you and the Accommodation Provider. A Booking Contract made up of the details of the Booking concerned and these terms and conditions will be formed between you and us.
2. The Booking Process, Commission and Charges
2.1 When you indicate that the available accommodation is acceptable, we will treat that as your offer to contract with the Accommodation Provider and will process that offer on your behalf. As part of that process we will charge you a 50% deposit which will include our commission of 15%. Where payment is made by means of credit card, a 5% bank surcharge will be added. No Booking is secured unless a 50% deposit has been received by us.
2.2 Once you have paid the 50% deposit, your deposit minus our commission will be paid over immediately to the Accommodation Provider who will then make direct contact with you. Confirmation of your Booking will be forwarded to both you and the Accommodation Provider once payment of the Deposit has been received.
2.3 Unless Clause 2.4 applies, you must pay the balance of the Total Price payable for the Booking direct to the Accommodation Provider on arrival at the Establishment.
2.4 In some instances, an Accommodation Provider will require some or all of the balance of the Total Price to be paid in advance of the first day of your Scheduled Stay. If this is the case, the Accommodation Provider will make you aware of the relevant payment requirements at the time that you receive their details from us.
2.5 In some instances (e.g. with self-catering or vacation rentals accommodation) a refundable breakage deposit will be charged by the Accommodation Provider on your arrival and that will be refunded to you on or after your departure.
2.6 StayUnlimited does not handle any property management (e.g. cleaning, establishment maintenance, arrival and departure arrangements) and is solely responsible for finding you an acceptable accommodation booking. Once you have paid your deposit and we have forwarded your details to the Accommodation Provider, StayUnlimited.com relinquishes all responsibilities with regard to and is indemnified against any monies outstanding, arrangements for directions, arrival and departure, keys, services offered, extra charges, tourism levies, cleaning fees, emergencies, the Accommodation Provider’s cancellation policy, any accidents, any breakages and so forth as regards the Accommodation Provider. All correspondence, telephone calls and liaison should from then on be between yourself and the Accommodation Provider.
2.7 Please note that any additional arrangements made between you and the Accommodation Provider over and above the arrangements set out in these terms and conditions, will not be covered by these terms and conditions.
3. Cancellation Policy
3.1 If you wish to cancel a Booking you must do so by contacting StayUnlimited.com or by contacting the Accommodation Provider direct.
3.2 Where you cancel a Booking, you acknowledge that we will in all circumstances be entitled to retain our Commission to cover our administration costs incurred.
3.3 Should you cancel a booking for your own reasons, cancellation fees will apply. Cancellation terms vary between Accommodation Providers. If the Accommodation Provider has not specified a cancellation policy at the time of your Booking, our default policy will apply as follows:
- For bookings cancelled more than 3 months prior to arrival date a cancellation admin fee of 10 – 20% of total rental is charged.
- For bookings cancelled between 90 and 60 days of arrival date a cancellation fee of 50% of the total rental is charged.
- For bookings cancelled less than 60 days from arrival date or no-show a cancellation fee of 100% of the total rental is charged.
- We recommend that you take out cancellation insurance.
3.4 In certain cancellation circumstances a refund of your deposit will be considered at the discretion of the management of StayUnlimited.com and the Accommodation Provider if the room/s or accommodation unit/s can be relet within reasonable time before your scheduled arrival. A cancellation admin fee of 10 – 20% of the total rental will be charged regardless.
3.5 If the Accommodation Provider cancels a Booking at any time it will notify both you and us and we will use all reasonable endeavours to ensure that the Accommodation Provider promptly refunds to you all sums paid by you in relation to the Booking.
3.6 If the Accommodation Provider cancels a Booking less than 30 days before Arrival Time, the Accommodation Provider will offer to you either a refund or will arrange for you, at the Accommodation Provider's expense, accommodation of a comparable standard and in the same locality as that in the original Booking. If the alternative accommodation offered is of a lower value than the accommodation comprising the original Booking, the Accommodation Provider shall reimburse the difference to you if you accept the Accommodation Provider's offer of alternative accommodation.
3.7 If you anticipate that you will fail to arrive for a Booking on the arrival date, you should notify the Accommodation Provider directly and agree on an alternative arrival date.
3.8 If after arrival you fail to stay and pay for the full duration of your Booking, the Accommodation Provider will, if it so wishes, be entitled to recover from you an amount as reimbursement for revenue lost as a result of the room/unit sitting empty. The amount charged will be determined by the Provider in each situation but will not exceed the balance of the Total Price payable for the Booking.
4 Double Bookings
4.1 Where a Double Booking occurs, we will use all reasonable endeavours to ensure that the Accommodation Provider will either: (i) allocate the Double Booked accommodation to you; or (ii) only with your consent, arrange alternative accommodation of a comparable standard. Where you are unable to be accommodated due to a Double Booking, the Accommodation Provider and us will repay to you any sums paid by you to date which relate to the Double Booked accommodation.
4.2 Where, with reasonable justification, you cancel a Booking on the basis that the accommodation or Establishment does not accord with the Booking or the information published or otherwise described through StayUnlimited, we will use all reasonable endeavours to ensure, with your consent, that the Accommodation Provider arranges alternative accommodation equal to or better than the standard originally booked.
5. Booking Alterations
5.1 If you wish to alter a Booking, you must do so by contacting StayUnlimited. We will use all reasonable endeavours to accommodate a request to alter a Booking.
5.2 In the event that the alteration to your Booking involves reducing the amount of rooms that you have booked, the number of rooms that the Booking has been reduced by will be deemed to be cancelled and we will retain our Commission for those rooms in accordance with Clause 3.2.
5.3 Where your request to alter a Booking cannot be met, we will give you the option either: (i) to let the Booking stand unaltered; or (ii) to treat the Booking as being cancelled in accordance with Clause 3.3.
5.4 Where a request to alter a Booking is made less than 30 days before Arrival Time and the request cannot be met, resulting in a cancellation, Clause 3.3 will automatically apply.
6.1 Any complaint you have relating to the Accommodation Provider or its Establishment should in the first instance be made to the Accommodation Provider at the time of your stay. If your complaint is not dealt with to your satisfaction, you should refer the complaint to us.
7.1 The information, descriptions and photographs on StayUnlimited are supplied by the Accommodation Providers who legally commit to supplying correct information. StayUnlimited does no site inspections of the establishments listed on the website and we cannot offer any guarantees in regard to accuracy as supplied by the Accommodation Providers.
7.2 In case of fraudulent misrepresentation of information on our website by an Accommodation Provider, the matter should be taken up legally with the Accommodation Provider. StayUnlimited will then end the Accommodation Provider’s contract and publish your comments and criticisms.
8.1 Subject to Clause 7.3, in no event will we be liable to you, in contract, (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof for any loss of profit, business, contracts, revenues or anticipated savings, increased costs or expenses, special, indirect or consequential damage or loss howsoever arising out of a Booking.
8.2 Our total liability to you in respect of any costs or losses directly associated with any Booking shall in no circumstances exceed an amount equal to the total sums paid by you to us in relation to that Booking.
8.3 We shall have no liability for the Accommodation Provider's negligence or failure to meet its obligations in relation to the Booking.
8.4 Nothing in this Clause 7 shall seek to limit or exclude our liability to you for death or personal injury caused by our negligence.
9.1 The rates published on StayUnlimited are inclusive of our commission and are the rack rates as supplied by the Accommodation Providers. That means that you will pay the same rate as if you made the booking directly with the Accommodation Provider.
9.2. In some cases Accommodation Providers do not offer rack rates and add our commission to their standard rates.
9.3 Rates are subject to change without prior notice. Sometimes Accommodation Providers change their rates without letting StayUnlimited know or before we had a chance to change it on our website.
10. Data Protection
10.1 Please note that when giving information for the purposes of making your Booking, you will be deemed to consent to us holding, using and making that information available to Accommodation Providers and our agents and subcontractors for the purposes of attempting to make/making a Booking on your behalf and subsequently meeting our obligations set out in these terms and conditions.
10.2 Under no circumstances will we pass your information to any other parties or tourism businesses.
11.1 These terms and conditions, together with the details of a particular Booking constitute the entire agreement between you and us in relation to that Booking. Nothing in this Clause shall exclude the liability of either party for fraud or fraudulent misrepresentation.
11.2 In the event that the whole or any part of a provision may prove to be illegal or unenforceable, the other provisions of these terms and conditions and the remainder of the provision in question will remain in full force and effect.
11.3 In some instances VAT is chargeable by some Accommodation Providers on the sale of all goods and supply of all services which are subject to VAT.
11.4 The construction, validity and performance of the Booking and these terms and conditions shall be governed by the law of South Africa and the parties submit to the exclusive jurisdiction of the South African Courts in as far as permitted by law.
"Accommodation Provider" means the person, owner, manager or other legal entity providing the accommodation/services that you have selected for your Booking; "Booking" means a booking for accommodation and/or services selected by you using StayUnlimited.com; "Double Booking" means that the accommodation making up your Booking is not available because another person has been booked to stay there for all or part of your Scheduled Stay, the term "Double Booked" being construed accordingly; "Commission" has the meaning attributed to that term in Clause 2.1; "Deposit" has the meaning attributed to that term in Clause 2.1; "Establishment" means the hotel, guest house or other establishment at which your accommodation is booked;
"Scheduled Stay" means the period covered by your Booking; "Total Price" means the total charge for accommodation and/or services (including VAT) levied by the Accommodation Provider (including any Deposit) for the whole period covered by your Booking; "us" and "we" means StayUnlimited.com, and "our" means StayUnlimited.com; "VAT" means value added tax;