Host Terms & Conditions

1 DEFINITIONS

1.1
The terms “Ballito Stay”, “ourselves”, “our”, “us” and “we” refer to the company Ballito Stay

1.2
The terms “you” and “your” refer to any person or entity advertising, having advertised, or seeking to advertise one or more accommodation establishments using the Ballito Stay platform. This also applies to any person or entity representing such establishments while using the Ballito Stay platform or engaging in any form of communication with Ballito Stay or its customers.

1.3
The terms “Party” and “Parties” refer collectively to both “you” and “ourselves,” or individually to either “you” or “ourselves.”

1.4
The terms “Ballito Stay Software” or “our Software” refer to all websites or software applications owned or controlled by Ballito Stay, including:

• All other websites or software applications powered by the Ballito Stay system.
• All third-party websites or software applications that utilise data provided by Ballito Stay.
• All databases or file storage owned or controlled by Ballito Stay.
• All social media or blog accounts owned or controlled by Ballito Stay.

1.5
The term “your Establishment” refers to one or multiple accommodation establishments that you advertise, have advertised, or seek to advertise on Ballito Stay Software. It encompasses both the physical building and/or location of your accommodation establishment, as well as its business operations as an accommodation provider and any related hospitality services.

1.6
Your Content refers to any information provided by you to Ballito Stay regarding your Establishment, including:

• Photographs
  • Descriptions
  • Rates and seasons
  • Contact information
  • Personal information
  • Characteristics of the establishment
  • Availability information
  • Location information
• This includes information provided:
  • Via Ballito Stay software
  • Via email
  • Verbally
  • Collected by Ballito Stay with your permission
• It also includes information related to your Establishment provided through third-party availability software.

1.7
Your Listing refers to elements of your Content and other associated material that collectively comprise the display of your Establishment on Ballito Stay Software.

This includes both publicly displayed content and content that is not displayed publicly.

1.8
Listed or to List or the Listing refers to the general public display of your Listing on Ballito Stay Software.This can include the display of your Listing in whole or in part.The display can occur in any place within the Ballito Stay Software.

1.9
Delist or Delisting refers to the removal of your Listing from public display on Ballito Stay Software.This can include the removal of your Listing in whole or in part.The removal can occur from some places within Ballito Stay Software or from all places within Ballito Stay Software.

1.10
The term “Ballito Stay Account” refers to the access-controlled section of the Ballito Stay Software, which you can use to update your Listing, manage your Content, and handle your quotations and bookings, among other functions.
1.11
The term “Customer” refers collectively to the person who, with the aid of Ballito Stay Software, found and/or booked at your Establishment, as well as to those guests for whom the booking was made.

1.12
The term “Total Booking Value” refers to the total booking value quoted by you or the total booking value returned by third-party availability software for a particular booking, as applicable. “Total Booking Value” includes any extra fees that you charge, such as admin fees, cleaning fees, or booking fees. It also encompasses any meals or other services specified as ‘included’ in your quotation, messages to the Customer, verbal communication with the Customer or our staff, or described in any of your Content.

1.13
The term “Customer Expectations” refers to the Customer’s expectation of the quality and nature of their stay at your Establishment that they would reasonably have anticipated at the time of confirming their booking. This expectation can be derived from your Content, quotations, messages, emails, or verbal communication between you and the Customer or between you and our staff. Omission of pertinent information from your Content or any of the aforementioned communication mediums can also impact the Customer’s expectation.

1.14
The term “Satisfactory Stay” refers to the Customer’s stay at your Establishment that does not fall significantly short of their Customer Expectations (as defined in clause 1.13).

1.15
The term “Unsatisfactory Stay” refers to the Customer’s stay at your Establishment that falls significantly short of their Customer Expectations (as defined in clause 1.13).

1.16
The term “Applicable Cancellation Policy” in relation to a booking is the authoritative description of the refund due by you to the Customer in the event that they cancel or have cancelled their booking at your Establishment.
1.17
Any use of the above terminology or other words in the singular, plural, capitalisation, past tense, present tense, future tense, and/or he/she or they are taken as interchangeable and therefore refer to the same.


2 YOUR LISTING

2.1
We reserve the right to withdraw or deny the Listing of your Establishment on Ballito Stay’s software.

2.2
We shall not be liable for any damage, loss, or liability of whatsoever nature arising from our withdrawal or denial of the Listing of your Establishment on Ballito Stay Software, or from any loss of information supplied by you.

2.3
There are various types of establishments that we will categorically decline to List, including, but not limited to, those that participate in the hunting of big cats, endangered species, primates, or those that offer canned hunting experiences. If you offer these or any other services that may be considered controversial, you should inform us so that we can advise you on whether we will approve your Listing.

2.4
Ballito Stay reserves the right to present accommodation options to Customers in any order or position within the Ballito Stay Software. Our criteria for the ordering or positioning of your Listing in our software need not be transparent and may be changed at any time without notice.

2.5
Your Listing may be displayed alongside any other media and/or content, including banners and advertisements for any product. You will not be entitled to any revenue generated from such advertising.

2.6
Ballito Stay may publish hyperlinks on your Listing or anywhere else on Ballito Stay Software, leading to any other Internet addresses, including social media platforms. These hyperlinks may direct users to destinations that are either internal or external to Ballito Stay Software.


3 DELISTING

3.1
Ballito Stay may, in its sole discretion, unilaterally Delist your Establishment from our software at any time and without notice.

3.2
If you request that your Establishment be Delisted from our software, Ballito Stay will process the Delisting within five working days.

3.3
You do not have an explicit or implicit right for your Establishment to be Listed on the Ballito Stay system. This applies regardless of any prior relationship, duration of listing, number of clients referred, payments made, potential impact on your business, or any other consideration.

3.4
You will have no recourse against Ballito Stay or any related party for being Delisted.

3.5
While we can Delist you for any reason, whether or not this has been agreed to by you, here is a non-exhaustive list of reasons for Delisting:

• Unfair discrimination against Customers
• Low-quality service
• Bad value for money
• An inability to pass a security check
• Owing us money
• Bad press related to your Establishment

3.6
Ballito Stay need not provide any reason for Delisting your Establishment.

3.7
In the event of your Establishment’s Delisting, the rights and obligations of all parties under the terms of this agreement will persist.

3.8
In the event of your Establishment’s Delisting, the rights of any Customers already introduced via the Ballito Stay Software will persist.

3.9
In the event of your Establishment’s Delisting, Ballito Stay reserves the right to use any of your Content for any marketing material that may already have been designed or advertising space that may already have been purchased.

3.10
In the event of your Delisting, Ballito Stay reserves the right to always retain your Content in the Ballito Stay Software and to display your Listing to Customers who may have already made past inquiries or bookings at your Establishment.

4 YOUR CONTENT

4.1
We reserve the right to alter your Listing at any time to align with best practices on the Ballito Stay Software. We are not obligated to notify you of any such changes.

4.2
You warrant that your Content, including but not limited to text and photographs, is original and that you have the right to use it for marketing purposes.

4.3
You warrant that none of your Content in any way breaches or infringes the copyright of any third party, and you hereby indemnify us against any and all claims by third parties in respect of any breach or alleged breach of intellectual property rights as a result of your Content.

4.4
By uploading your Content, you grant us permission to make perpetual use of this content for any reason, including but not limited to advertising or promoting your Listing, advertising or promoting any tourism destinations, advertising or promoting Ballito Stay Software, or advertising or promoting any brands owned by or partnered with Ballito Stay. This right will survive beyond this agreement.

4.5
You grant us the right to make adaptations of your Content, including but not limited to cropped photographs, rewritten descriptions, and translations, and to display this adapted content on your Listing. You do not have ownership of this adapted content and cannot make use of it without written permission from us.

4.6
We may use your Content in any media, including but not limited to social media, print, and television, without notice.

4.7
We shall not be liable for any damage, loss or liability of whatsoever nature arising from any unintentional misuse of your Content.


5 CORRECTNESS OF YOUR CONTENT

5.1
You undertake to ensure that your Content accurately represents your Establishment and to notify us of any material changes to your Establishment that would be relevant to Ballito Stay and/or Customers introduced by Ballito Stay.

5.2
You undertake to ensure that all of your Content is correct and continuously updated, including, but not limited to, the description of your rates, availability, and the services offered.

5.3
In the event of a change of management or ownership of your Establishment, it is your responsibility to notify Ballito Stay of such changes.

5.4
In the event that you fail to keep your Content current and updated, we reserve the right to modify your Content to accurately reflect the status of your Establishment.

5.5
If you utilize a third-party availability provider integrated with Ballito Stay Software, Ballito Stay may assume that the data obtained from this provider regarding your Establishment is always accurate and up-to-date. You will be held liable for any issues arising from any outdated or inaccurate information received from the aforementioned third-party provider.

5.6
Ballito Stay shall not be liable for any damage, loss, or liability of any nature arising from any misrepresentation made by you.


6 PASSWORDS AND ACCESS

6.1
You will be legally bound by any actions performed using the Ballito Stay Software by any person with access to your Ballito Stay Account.

6.2
Anyone with access to your email account, the password to your Ballito Stay Account, or a device on which you are logged into your Ballito Stay Account will have access to your Ballito Stay Account. We will reasonably assume that you have granted that person access.

6.3
You hereby indemnify Ballito Stay against any damage, loss, or liability of whatsoever nature arising from unauthorised access to the Ballito Stay Software.


7 REVIEWS

7.1
Ballito Stay may publish guest comments and/or reviews on or in connection with your Listing.

7.2
Ballito Stay is not liable or responsible in any way for the verification or accuracy of any guest comments published.

7.3
Ballito Stay will not be liable for any direct or indirect loss or damage of whatsoever nature and howsoever arising as a result of any guest comments published on or in connection with your Listing.

7.4
In the event that you write a response to a review, you agree that Ballito Stay may publish the response on your Listing, edit the response before publication, or choose not to publish it publicly on the Ballito Stay Software.


8 ENQUIRY-QUOTE BOOKINGS

8.1
When a Customer uses Ballito Stay Software to make an availability inquiry for a stay at your Establishment, you are invited to send an electronic quotation to the Customer using Ballito Stay Software. This quotation can also be sent automatically by the Ballito Stay Software on your behalf if this has been arranged.

8.2.
If, for whatever reason, you are unable to accommodate the Customer under the conditions for which they inquired, you are obliged to mark the inquiry as unavailable using Ballito Stay Software, and not simply ignore it. In cases where you have not responded to an inquiry within a reasonable length of time, your Listing’s ranking position on Ballito Stay Software may be negatively affected. We will assume in such cases that your Establishment is fully reserved for the inquired dates and may report as such to the Customer. If you repeatedly ignore inquiries, your Establishment may be subject to delisting.
8.3
Should a quotation be sent, this constitutes a legal offer by you, which may be accepted or declined by the Customer.

8.4
Each quotation is sent with a specified expiry time and is open for acceptance by the Customer during the period prior to the expiry time. Acceptance by the Customer before the quotation expires constitutes a binding contract between you and the Customer.

8.5
Until a Customer indicates an intention to accept a quotation by “provisionally confirming” the booking on the Ballito Stay Software, you are not required to hold the availability for that Customer exclusively. During the period before provisional confirmation by the Customer, you can withdraw the quotation using the Ballito Stay Software.

8.6
Once a Customer has confirmed their intention to pay by “provisionally confirming” on the Ballito Stay Software, Ballito Stay will inform you of this, and you will thereafter be required to reserve the quoted accommodation for the Customer exclusively. After “provisionally confirming,” most Customers will proceed to payment. However, if a Customer doesn’t pay the deposit before the expiration time specified in your offer, then the quotation will lapse and be automatically withdrawn.

8.7
The booking is considered confirmed when the Customer makes a payment to Ballito Stay by credit card, electronic funds transfer, or any other accepted payment method, or when Ballito Stay receives proof of such payment.

9 INSTANT BOOKINGS

9.1
If you use third-party availability software integrated with Ballito Stay Software, Customers will have access to your Establishment’s real-time availability and will be able to make instant bookings through Ballito Stay Software.

9.2
Ballito Stay may assume that the availability and pricing data received from the third-party availability software is always accurate and up-to-date. You will be liable for any issues that arise from outdated or inaccurate information provided by the third-party.

9.3
An instant booking is confirmed when a Customer makes a payment to Ballito Stay via credit card, electronic funds transfer, or any other payment method, or when Ballito Stay receives proof of such payment.

9.4
When the booking is confirmed, Ballito Stay will notify you via email. We will also make efforts to mark the booking as confirmed on the third-party availability software.

9.5
f Ballito Stay is unable to mark the booking as confirmed on the third-party availability software for any reason, you are still required to honour the booking, as long as we have sent you timely email confirmation of the booking.


10 PAYMENTS

10.1
You hereby appoint Ballito Stay as your agent, authorised to receive payments on your behalf for any bookings at your establishment made through Ballito Stay Software. This includes any booking deposit you request, as well as any other payments the Customer may make to Ballito Stay regarding their booking at your establishment, including balance payments.

10.2
For such payments, you agree to consider any amount reported by Ballito Stay as received from the Customer as fully paid.

10.3
If you request a deposit of less than 100% on Ballito Stay Software, it is your responsibility to collect any outstanding amount from the Customer. Ballito Stay is not responsible for any payments not collected from the Customer.
10.4
Ballito Stay will pay you all amounts collected from the Customer, subject to the deductions specified elsewhere in this agreement.

10.5
Ballito Stay reserves the right to withhold any amounts paid to us on your behalf until 7 days after the Customer’s checkout from your Establishment. This allows us to ascertain whether the Customer has had a Satisfactory Stay (as defined in clause 1.14).

10.6
Although Ballito Stay may often on-pay to you the amounts received on your behalf from the Customer shortly after we have received them, this leniency in enforcing our rights specified in the above sub-clause shall not prejudice our right to enforce it in the future.

10.7
It is your responsibility to provide Ballito Stay with accurate bank details, along with proof if requested. Should a change in ownership or bank account occur, you must promptly notify Ballito Stay. Ballito Stay will not be held liable for payments made to incorrect accounts if we are not informed in a timely manner about changes to your bank details.

10.8
You agree that on occasion, certain on-payments from Ballito Stay to you may be delayed due to unforeseen circumstances. These may include high usage periods that make online banking services unusable, disputes regarding the satisfaction of a Customer’s stay, disputes over the amount owed to you, or instances where we have not yet received your banking details or sufficient proof thereof when required.

10.9
Ballito Stay may offset any amounts you owe to Ballito Stay, for any reason, against any amounts that Ballito Stay owes you. This includes, but is not limited to, our commission earned on any bookings or refunds made on your behalf to Customers.

10.10
Ballito Stay may charge the Customer additional fees for services provided in assisting with their accommodation booking at your Establishment. You will not have any claim over these fees paid to Ballito Stay for such additional services or any other purpose.

10.11
Unless the booking details have been materially adjusted, the Customer will not be liable to pay you any amount beyond the Total Booking Value, except for additional optional extra items or services they may purchase from you during or before their stay.


11 COMMISSION

11.1
You agree to pay commission on any bookings made at your Establishment by Customers who are introduced to you by Ballito Stay or through Ballito Stay Software.

11.2
We retain a non-refundable booking commission of 10% (VAT exclusive) on the Total Booking Value for facilitating the booking or for introducing the Customer. If any amount other than 10% is agreed upon, this should be confirmed in writing or through the Ballito Stay Software.

11.3
VAT will be added onto the stated commission where applicable.

11.4

11.5
If our commission for a specific booking is adjusted for any reason, such as cancellations or booking changes, we will issue the necessary adjusting tax invoices or debit notes accordingly. These documents will be issued at the time the cancellation or adjustment is confirmed.

11.6
ou agree not to bypass the Ballito Stay Software when interacting with any Customer introduced by Ballito Stay. All communication with such Customers must occur via the Ballito Stay Software or through Ballito Stay staff until the Customer has paid the deposit for a booking at your Establishment. If this process is bypassed and the Customer books directly with your Establishment, you will still be responsible for paying our commission based on the Total Booking Value of the booking.

11.7
f your Establishment is VAT registered, you are responsible for issuing the Customer a Tax Invoice for the Total Booking Value of their stay at your Establishment, unless Ballito Stay has informed you that we will be issuing the invoice on your behalf as outlined in the sub-clause below.

11.8
ou authorize Ballito Stay, acting as your agent, to issue Tax Invoices to Customers on your behalf using Ballito Stay’s VAT details. Ballito Stay will notify you whenever such action is taken and will forward these invoices to you. In these instances, you must not invoice the Customer separately. If your Establishment is VAT registered, you are still required to declare the output VAT indicated in the invoices forwarded to you, in compliance with Section 54(1) of the South African Value-Added Tax Act.

11.9
You agree not to disclose or display Ballito Stay’s commission to any Customer. This includes ensuring it is not shown on any statement or invoice you provide to the Customer.

   11.10
Ballito Stay reserves the right to change its commission structure at any time without prior notice. We encourage you to review our platform and these terms and conditions each time you use our service.

12 DELIVERY

12.1
You agree to honour all bookings marked as “confirmed” by Ballito Stay, even if you have not yet received any associated payments.

12.2
Delivery of your service is considered complete when the Customer has physically checked into the reserved accommodation and had a Satisfactory Stay, as defined in clause 1.14.


13 NON-DELIVERY

13.1
Non-delivery is deemed to have occurred if a Customer does not experience a Satisfactory Stay, as defined in clause 1.14, at your Establishment.

13.2
Anticipated non-delivery arises when Ballito Stay reasonably anticipates that non-delivery may occur for an upcoming booking. For all purposes in this contract, anticipated non-delivery is regarded as non-delivery.

13.3
Examples of non-delivery include, but are not limited to:

• Any stay where the Customer has an Unsatisfactory Stay (as defined in clause 1.15).
• Instances where your Establishment has been materially misrepresented or falsely advertised on the Ballito Stay Software.
• Instances of double booking, where you cannot honor the Customer’s stay as exactly specified in their booking.
• Unilateral cancellation from your side, or any refusal by you to honor the booking.
• Instances where the Customer’s booking is not honored due to new ownership or management of your Establishment, or if your Establishment has ceased business operations.
• Instances where Ballito Stay or the Customer is unable to contact you using the supplied contact details.
• Inadequate or incorrect information provided to the Customer about how to access your Establishment on their arrival.

13.4
Examples of anticipated non-delivery include, but are not limited to:

• Ballito Stay’s loss of faith in your ability to offer a consistently high-quality experience.
• Bad press relating to your Establishment.
• A natural disaster in or nearby your region.
• Ballito Stay’s suspicion that your Establishment may be fraudulent.

13.5
In the case of a non-delivered booking, the Customer may choose to receive either a full refund or, if they have not yet completed their stay, a replacement booking for the remaining nights not yet completed.

13.6
In cases of non-delivery:

• The usual cancellation policy does not apply.
• You will be liable for any amounts already paid to you for the non-delivered booking.
• You will forfeit any amounts currently owed to you for the non-delivered booking.
• Ballito Stay retains the right to invoice you for the commission on the Total Booking Value of the non-delivered booking.

13.7
n the event that a Customer opts for Ballito Stay to find a replacement booking due to non-delivery:

• Ballito Stay will attempt to find a replacement booking that meets the Customer’s expectations.
• During high season, the replacement booking may cost more than the Total Booking Value of the original booking.
• You will be liable to Ballito Stay for the difference in cost between the original booking’s Total Booking Value and the replacement booking, for the nights that were replaced.

14 CANCELLATIONS SUBJECT TO YOUR TERMS

14.1
In the event that a Customer cancels a booking:

• You will be liable to refund the Customer in accordance with the Applicable Cancellation Policy for that booking.
• The refund amount will be calculated based on the terms of the cancellation policy in place for the specific booking.

   14.2
The last cancellation policy you presented to the Customer before they confirmed their booking will become the Applicable Cancellation Policy for that booking. This applies regardless of how the policy was communicated to the Customer, whether through Ballito Stay Software, third-party availability software, messages, emails, or verbally.

14.3
If you present a more favorable cancellation policy to the Customer after their booking has already been confirmed, that new policy will become the Applicable Cancellation Policy for the booking. You will be bound by this updated policy, even if it is applied retrospectively, and regardless of whether it was offered before or after the booking was canceled. This applies regardless of how the new policy was communicated, whether through Ballito Stay Software, third-party availability software, messages, emails, or verbally.

14.4
The Applicable Cancellation Policy for a particular booking applies only to the deposit amount that you have requested. Any part of the policy that demands payment beyond the requested deposit amount is considered void. Even in the case of a “no show,” you cannot claim more than the requested deposit.

14.5
You agree that any additional amount paid by the Customer, over and above the requested deposit, is always 100% refundable upon cancellation. This does not apply to payments made for any nights that the Customer has already stayed at your Establishment.

14.6
You agree that any ambiguity in the Applicable Cancellation Policy with respect to any booking will always be interpreted in favor of the Customer.

14.7
Ballito Stay reserves the right to retain all the commission it has earned on any cancelled booking.

14.8
Although Ballito Stay may often choose to pro-rata our commission earned on a cancelled booking in accordance with the Applicable Cancellation Policy of that booking, this leniency in enforcing our right to retain all commission earned on any cancelled booking shall not prejudice our right to enforce it in the future.


15 REFUNDS TO CUSTOMERS

15.1
There are occasions when the Customer is due a refund of amounts which they have paid towards their booking at your Establishment. These refunds can be in whole or in part. Such refunds can be due for various reasons, including, but not limited to, cancellations or booking adjustments.

15.2
In the event of a refund being due to a Customer, Ballito Stay will refund, on your behalf, the required portion of the deposit or balance payments that the Customer had previously paid to Ballito Stay.

15.3
For those amounts that the Customer had paid to you directly for their booking, including, but not limited to, balance payments and payments for optional extras, you will refund the required portion of said amounts directly to the Customer, unless it has been arranged with Ballito Stay that we refund them on your behalf.

15.4
For all amounts that Ballito Stay refunds to the Customer, we reserve the right to collect these same amounts back from you, to the extent that you had previously received them, whether from us or directly from the Customer.

15.5
Any amount that you owe to Ballito Stay or a Customer as a result of a cancellation or a booking adjustment is due immediately.

15.6
Ballito Stay may take action to recover unpaid debts from you, including but not limited to, offsetting your debt against other amounts we owe you, delisting your Establishment, employing a debt collection agency, or blacklisting you in the industry. In such circumstances, interest may be retrospectively applied to any outstanding amounts at a rate of 5 percentage points above the prime lending rate.

16 FRAUDULENT TRANSACTIONS AND FALSE PAYMENTS

16.1
You acknowledge that in the event of a Customer’s payment being a fraudulent credit card payment, fraudulent bank deposit, fraudulent proof of payment, or in the event of a Customer’s payment being reversed for any reason by the bank or any other agency, Ballito Stay’s responsibility is limited to the forfeiture of any commission it may have earned on the booking. You are 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 us immediately upon notification by us that the payment has been reversed out of our bank account.

16.2
In the event that Ballito Stay confirms a booking based on an expectation to receive Customer payment or claims to have received Customer payment, but that claim or expectation is false, you accept that Ballito Stay can cancel the booking in question without penalty. You will have no claim in relation to such a cancellation, even if the stay has already taken place.

17 RUNNING OF YOUR ESTABLISHMENT

17.1
Ballito Stay does not assume responsibility for the running of your Establishment in any way.

17.2
It is your sole responsibility to:

• Comply with laws and/or by-laws that may apply to your Establishment.
• Adequately and accurately insure your Establishment.
• Run a reputable business in connection with your Establishment that reflects well on Ballito Stay and its brands.
• Remain contactable at all times. It is your responsibility to ensure that all emails from “ballitostay.com” and its related websites are whitelisted by your email software (i.e., ensure that our mail will not go into your “junk” folder).

17.3
It is your responsibility to ensure that in the case of new ownership or management of your Establishment, the new owner or manager will honour this agreement and any existing bookings that had been made via Ballito Stay. You will, however, also remain liable in terms of this agreement.

18 AFFILIATE PARTNERSHIPS

18.1
Ballito Stay may, from time to time, partner with other websites, apps, or companies for purposes including, but not limited to, further promoting properties listed on the Ballito Stay Software.

18.2
Ballito Stay may, at its sole discretion, extend all rights granted to it to said partners.

18.3
Ballito Stay is under no obligation to inform you of any partnerships that may be entered into, or to inform you of any sharing of your content with a partner, or to specifically note which inquiries or bookings were introduced by a partner.

18.4
Ballito Stay will not be liable to you for the actions of affiliate partners, including in respect to our use of your content.


19 PROTECTION OF PERSONAL INFORMATION

19.1
You undertake to protect any personal information provided to you by Ballito Stay to at least the standard required of you by South Africa’s Protection of Personal Information Act, and any other applicable legislation.

   19.2
You undertake that your audit procedures, ongoing system monitoring, secure disposal of data, and your technical and organisational security standards are at least the standard required of you by South Africa’s Protection of Personal Information Act, and any other applicable legislation.

19.3
You undertake to inform Ballito Stay about any suspected breach of personal information provided by Ballito Stay as soon as possible, and not more than 24 hours after your awareness of the breach, at host@ballitostay.com

19.4
For Ballito Stay’s undertakings with respect to protection of personal information, see our PAIA & POPI manual.


20 AUTHORITATIVE RECORD

20.1
Ballito Stay’s records, whether automated or manual, shall prevail in any dispute regarding bookings, communication, or transactions. Ballito Stay reserves the right to adjust any such records without prejudice upon notification of any speculative, improper, or fraudulent records.


21 CHANGE OF AGREEMENT

21.1
This agreement, or any part of it, may be changed at any time after a 48-hour notice period, starting from when Ballito Stay emails you the new agreement or a link to it at your supplied email address. After this notice period, you are deemed to have consented to the new agreement and will be contractually bound by it, unless you have actively delisted your establishment from Ballito Stay Software before the expiration of the notice period.


22 INDEMNITY & LIMITATION OF LIABILITY

22.1
Except as otherwise provided in this agreement, Ballito Stay will not be liable to you for any direct or indirect loss or damage that you may suffer as a result of the use of Ballito Stay Software by any person, regardless of the cause or circumstances.

22.2
You hereby indemnify Ballito Stay against any claim for loss or damage arising as a result of your Listing, whether such claim is instituted against Ballito Stay directly or against both you and Ballito Stay, insofar as it relates to your Establishment, your Content, or the links on your Listing.

22.3
In the event that, notwithstanding the remaining provisions of this agreement, Ballito Stay is found liable to you for any damages, such liability shall be limited to a maximum of the commission that you have paid to us.


23 GENERAL USE OF SOFTWARE DISCLAIMER

23.1
The Ballito Stay Software is owned and operated by Ballito Stay. All databases, information, and systems associated with the software are the exclusive property of Ballito Stay.

23.2
Neither Ballito Stay nor any of its agents or representatives shall be liable for any damage, loss, or liability of any kind arising from the use or inability to use Ballito Stay Software, or the services or content provided through the Ballito Stay Software. Ballito Stay makes no representations or warranties, whether implied or otherwise, regarding the content and technology available via the Ballito Stay Software, including but not limited to the absence of errors or omissions, or that the service will be uninterrupted and error-free. You are encouraged to report any possible malfunctions or errors to host@ballitostay.com

23.3
The Ballito Stay Software is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to ensure, before entering into this agreement with Ballito Stay, that the service available through the software will meet your individual needs and is compatible with your hardware and/or software.

23.4
The Ballito Stay Software contains material that is owned by or licensed to Ballito Stay, including but not limited to the design, layout, appearance, and graphics. This material may be subject to copyright and/or other intellectual property rights. You are not permitted to copy, replicate, or use this information except as agreed upon between us and/or the right holder, or to the extent that such use is incidental to your use of the Ballito Stay Software.

23.5
Unauthorized use of Ballito Stay Software may result in a claim for damages by Ballito Stay and could also be considered a criminal offense.

23.6
Your use of Ballito Stay Software, as well as any disputes arising from such use, is governed by the laws of South Africa.

23.7
Ballito Stay undertakes to maintain the Ballito Stay Software, including the listing service, reservation service, and the technology supporting it. However, we shall not be liable for any damage, loss, or liability of any nature arising from defects or issues that may exist or occur from time to time in the Ballito Stay Software.

23.8
Ballito Stay shall not be liable for any direct or indirect loss or damage suffered as a result of “hacking” of Ballito Stay Software, planned or unplanned outages, or the actions of service providers.

   23.9
You hereby indemnify and hold us harmless in respect of any claim arising from any “hacking” or other outage of service.