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Terms of Service

Version: 1.0 | Last updated: March 23, 2026

1. Introduction

Welcome to Elandsbaai Stays. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using Elandsbaai Stays, you agree to be bound by these Terms. If you do not agree, please do not use our services.

2. Definitions

  • "Platform" refers to the Elandsbaai Stays website and services.
  • "User" refers to any person who accesses or uses the Platform.
  • "Owner" refers to property owners who list accommodations on the Platform.
  • "Guest" refers to users who book accommodations through the Platform.
  • "Booking" refers to a reservation made through the Platform.

3. Eligibility

You must be at least 18 years old to use our Platform. By using the Platform, you represent and warrant that you meet this requirement and have the legal capacity to enter into binding contracts.

4. User Accounts

To access certain features, you must register for an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access

5. Property Listings

Property Owners agree to:

  • Provide accurate descriptions, photos, and pricing information
  • Keep availability calendars up to date
  • Honor all confirmed bookings at the listed price
  • Maintain properties to acceptable standards of safety and cleanliness
  • Comply with all applicable local laws and regulations

6. Booking and Payments

When making a booking:

  • Guests must provide accurate guest information
  • Payment is processed securely through our payment provider
  • Bookings are subject to the Owner's cancellation policy
  • The Platform charges a 10% commission on successful bookings
  • Payments to Owners are processed according to our payment schedule

7. Cancellation Policy

Standard cancellation terms:

  • Cancellations made 14+ days before check-in: Full refund minus processing fees
  • Cancellations made 7-14 days before check-in: 50% refund
  • Cancellations made less than 7 days before check-in: No refund
  • Owners may specify different policies in their listings

8. Platform Commission

Elandsbaai Stays charges a 10% commission on all bookings. This is automatically deducted from the Owner's payout. The commission covers:

  • Platform maintenance and development
  • Payment processing
  • Customer support
  • Marketing and promotion

9. Prohibited Activities

Users may not:

  • Use the Platform for any illegal purpose
  • Post false, misleading, or fraudulent content
  • Harass, abuse, or discriminate against other users
  • Circumvent the Platform's payment system
  • Attempt to hack or disrupt the Platform
  • Scrape or collect data without authorization

10. Intellectual Property

All content on the Platform, including logos, text, graphics, and software, is owned by Elandsbaai Stays or our licensors and is protected by South African and international copyright laws. Users may not copy, modify, or distribute this content without permission.

11. Limitation of Liability

To the maximum extent permitted by South African law:

  • Elandsbaai Stays acts as a booking platform only and is not responsible for the quality of accommodations
  • We are not liable for disputes between Guests and Owners
  • Our liability is limited to the amount paid for the specific booking in question
  • We are not liable for indirect, incidental, or consequential damages

12. Indemnification

You agree to indemnify and hold harmless Elandsbaai Stays, its directors, employees, and agents from any claims, damages, or expenses arising from your use of the Platform or violation of these Terms.

13. Governing Law

These Terms are governed by the laws of South Africa. Any disputes will be resolved in the courts of Cape Town, Western Cape.

14. Modifications

We may modify these Terms at any time. Changes will be effective immediately upon posting. Continued use of the Platform constitutes acceptance of the modified Terms.

15. Contact Information

For questions about these Terms, contact us at: support@elandsbaai.co.za

16. Acceptance

By using Elandsbaai Stays, you acknowledge that you have read, understood, and agree to these Terms of Service.

Last Updated: March 2026